INTERNATIONAL COURT OF JUSTICE
_____________________________________________
WHALING IN THE ANTARCTIC
(AUSTRALIA v. JAPAN)
MEMORIAL OF AUSTRALIA
VOLUME I
9 MAY 2011 Office of International Law
Attorney-General’s Department
Canberra TABLEOF CONTENTS
TABLEOF CONTENTS ...............................................................
.i.....................
LISTOFFIGURES ................................................................
... .......................vii
LISTOFPHOTOGRAPHS ............................................................
... ..............viii
PART I - INTRODUCTION
CHAPTER 1 - INTRODUCTION ..................................................... 1
SECTION I. THE D ISPUTE ........................................................ ..............
............... 1
SECTION II. URISDICTION ....................................................... ...............
............. 4
SECTION III. STRUCTURE AND O UTLINE OF THIS M EMORIAL ..................... ......... 4
PART II - THE FACTS
CHAPTER 2 - THE INTERNATIONAL REGULATION OF
WHALING .............................................................
................. 10
SECTION I. THE ICRWF RAMEWORK ............................................ .................... 11
A. Early attempts at international regulation................................... ............11
B. Adoption of the ICRW......................................................... ..............
.....14
C. The object and purpose of the ICRW .......................................... ...........15
D. Structure and scheme of the ICRW............................................. ...........17
SECTION II. EVOLUTION OF THE INTERNATIONAL REGULATION OF W HALING
UNDER THE IWC .................................................................. .
............................. 23
A. Undifferentiated catch limits (1946-1972).................................... .........24
B. The Stockholm Conference (1972).............................................. ...........25
C. The New Management Procedure (1974-1981)..................................... .27
i D. Development and adoption of the commercial whaling moratorium
(1982) ...............................................................
............ .................................30
E. The Development of the Revised Management Procedure
(1986-1994) ..........................................................
............ ............................. 39
F. Southern Ocean Sanctuary (1994)................................................. ..........42
G. The Berlin Initiative and the Conservation Committee (2003)................49
Conclusion .............................................................
.......... .............................52
SECTION III. THE D IFFERENT TYPES OF W HALING : AC OMPREHENSIVE
REGIME .......................................................................
... ....................................53
A. Commercial whaling.............................................................. .........
........54
B. The exceptions.................................................................. .....
..................55
Conclusions ............................................................
.......... ............................. 56
SECTION IV. T HE STATE OF THE POPULATIONS ................................... ..............57
A. Antarctic minke whales.......................................................... .............
....58
B. Fin whales .........................................................
........... ...........................60
C. Humpback whales................................................................. ......
............60
SECTION V. C ONCLUSIONS ....................................................... ...............
..........62
CHAPTER 3 - JAPAN’S “SCIENTIFIC” WHALING IN THE
SOUTHERN OCEAN .......................................................................
6
SECTION I. T HE COMMENCEMENT OF JAPAN ’S “SCIENTIFIC ” WHALING IN THE
SOUTHERN O CEAN ................................................................ ......
.......................65
A. Japan’s decision to object to the commercial whaling moratorium.........65
B. Pressure on Japan to withdraw its objection to the commercial
whaling moratorium........................................................................
...............68
C. Japan’s decision to commence “scientific” whaling and withdraw its
objection ...............................................................
.......................................... 70
ii D. Early development of the “scientific” whaling business model.............. 7
S ECTION II. JAPAN ’SP ELAGIC W HALING INDUSTRY AND THE W HALE M EAT
M ARKET ......................................................................
...................................... 80
A. The key participants in Japan’s pelagic whaling industry.................. ....80
B. Overview of Japan’s “scientific” whaling in the Southern Ocean...........8
C. Production, distribution and sale of whale meat and oil................... ....105
S ECTION III. THE “SCIENTIFIC ” W HALING BUSINESS M ODEL .................... ..... 113
A. Necessity to kill whales as part of the “research”........................ .........114
B. Increase in scale of Japan’s “scientific” whaling targets from
1987/88 ................................................................
.... ................................... 116
C. Unsold whale meat and its effect on the conduct of “scientific”
whaling .................................................................
.. .................................... 121
D. Maintaining the industry’s pelagic whaling capacity and whale meat
supply ..................................................................
.. .....................................134
E. Positions for former officials in the whaling industry ................... .......136
F. Conclusion: the financial viability of “scientific” whaling is under
threat .................................................................
.... ...................................... 138
S ECTION IV. C ONCLUSIONS .................................................... ..................
...... 139
PART III - THE LAW
CHAPTER 4 - THE ARTICLE VIII EXCEPTION .................... 140
S ECTION I. THE ORIGINS AND D EVELOPMENT OF A RTICLE VIII .................. ... 142
A. Convention for the Regulation of Whaling, 1931 ........................... .....142
B. Article 10, International Agreement for the Regulation of
Whaling, 1937 ............................................................... ........
.....................143
iii C. Article VIII, International Convention for the Regulation of
Whaling, 1946.................................................................... ...
......................145
D. Development of the IWC procedure for prior review of special
permits: Paragraph 30 of the Schedule (1979)..................................... .......147
E. Development of the IWC Guidelines for the review of special
permits ....................................................................
...................................... 149
F. Conclusions................................................................... ....
.....................152
SECTION II. RELEVANT P RINCIPLES OF TREATY INTERPRETATION AND
ARTICLE VIII OF THE ICRW ........................................................ ............
........154
A. Application of Article 31(1) of the Vienna Convention........................1 4
B. Application of Article 31(3) of the Vienna Convention......................... 63
C. The essential characteristics of a program “for purposes of scientific
research” under Article VIII .................................................... ...................
176
SECTION III. CONCLUSION : THE M EANING AND EFFECT OF A RTICLE VIII ....... 68
CHAPTER 5 - JARPA II IS NOT WITHIN THE ARTICLE VIII
EXCEPTION ...............................................................
........... 90
SECTION I. THE ALLEGED SCIENTIFIC PURPOSES OF
JAPAN ’S “SCIENTIFIC ” WHALING .................................................. ....................
191
A. The failure of JARPA................................................
......... ...................191
B. The continuation of whaling under JARPA II..........................
......... ....198
SECTION II. JARPAII IS N OT SCIENTIFIC RESEARCH ............................ .........206
A. JARPA II does not have scientific objectives.................................. .....208
B. JARPA II does not have appropriate scientific methods........................2 5
C. Japan fails to adjust JARPA II in response to peer review .................... 31
D. JARPA II is not designed to avoid adverse effects on the targeted
whale stocks........................................................................
.........................237
iv E. Conclusions ....................................................... ....
........................... 242
S ECTION III. JARPAII ISU NDERTAKEN FOR PURPOSES OTHER
T HAN S CIENTIFICR ESEARCH ................................................ ......................
..... 244
A. Japan’s purpose of continuing whaling dictates the conduct of its
“research” .......................................................
...... ...................................... 245
B. The benefits to key stakeholders explain Japan’s purpose of
continuing “scientific” whaling.......................................... ........................250
S ECTION IV. G OOD FAITH IN THE APPLICATION OF ARTICLE VIII ............... .... 253
A. Japan is not applying Article VIII in accordance with its
intended purpose......................................................... ..............
..................253
B. Japan’s behaviour with respect to the IWC reveals a lack of
good faith............................................................... ........
.............................255
S ECTION V. C ONCLUSION ................................................... ...................
......... 257
PART IV - JAPAN'S BREACHES OF INTERNATIONAL LAW
CHAPTER 6 – BREACH OF MORATORIA AND THE
SOUTHERN OCEAN SANCTUARY ........................................... 260
S ECTION I. BREACH OF THE COMMERCIAL W HALING M ORATORIUM ............ .261
A. Application of the commercial whaling moratorium...................... ......261
B. Japan’s contravention of the commercial whaling moratorium............ 261
S ECTION II.BREACH OF THE SOUTHERN O CEAN SANCTUARY ................... ...... 271
A. Application of the Southern Ocean Sanctuary.........................
. ............271
B. Japan’s contravention of the Southern Ocean Sanctuary................. .....272
S ECTION III. BREACH OF THE F ACTORY SHIP M ORATORIUM ................... ....... 273
A. Outline and application of the factory ship moratorium................ .......273
B. Japan’s contravention of the factory ship moratorium ................. ........274
v S ECTION IV. CONCLUSIONS ................................................ .......................
...... 274
PART V - REMEDIES AND SUBMISSIONS
CHAPTER 7 - REMEDIES ............................................................ 275
S ECTION I. DECLARATION OF THE C OURT .................................... ...................275
S ECTION II. UTY OF C ESSATION ........................................... .........................277
SUBMISSIONS ......................................................
........ 279....
CERTIFICATION ........................................................
..28 .........
PART VI – APPENDICES AND ANNEXES
A PPENDIX 1:
W de la Mare, N Kelly, D Peel, Antarctic Baleen Whale Populations,
April 2011………………….…………………….
.…………….....……………282
A PPENDIX 2:
M Mangel,An Assessment of Japanese Whale Research Programs
Under Special Permit in the Antarctic (JARPA, JARPA II) as Programs
for Purposes of Scientific Research in the Context of Conservation and
Management of Whales, April 2011………………………………………
…….334
LIST OF DOCUMENTSANNEXED……………..………………………….389
vi LIST OF FIGURES
NUMBER TITLE PAGE
1 Special Permit Catches by Country, 1948 to 2010 37
2 Special Permit Catches, 1948 to 2010 38
3 Southern Ocean Sanctuary and Southern 44
Hemisphere Management Areas for Baleen Whales
4 Total Annual Commercial Catch of Selected 58
Southern Hemisphere Whale Species
5 Japan’s Areas of Whaling Operations under 90
JARPA II
6 Whales Killed under JARPA and JARPA II 92
7 Japan’s Reported Production of Whale Meat under 106
JARPA and JARPA II
8 Whale Meat “By-products” Sales and Distribution 108
Chain
9 Japan’s “Scientific” Whaling Maximum Catch 117
Targets, 1987/88 to 2010/11
10 Japan’s Frozen Stockpiles of Whale Meat, 1987 to 123
2010
11 Japan’s Maximum Target and Actual Catches 128
under JARPA II, 2005/06 to 2010/11
vii LIST OF PHOTOGRAPHS
NUMBER TITLE PAGE
1 A harpoon gun on one of Japan’s whale catcher 96
boats
2 A whale being harpooned by one of Japan’s whale 97
catcher boats
3 A harpooned whale being hauled to the side of one 98
of Japan’s whale catcher boats while a whaler aims
a rifle at it
4 A harpooned whale being hauled to the side of one 99
of Japan’s whale catcher boats
5 A harpooned whale being tied to one of Japan’s 100
whale catcher boats
6 Two harpooned whales tied to one of Japan’s 101
whale catcher boats
7 Two harpooned whales being towed to Japan’s 102
factory ship, the Nisshin-Maru
8 A harpooned whale being hauled up the stern 103
slipway of Japan’s factory ship, the Nisshin-Maru
viii CHAPTER 1 - INTRODUCTION
SECTION I. THE D ISPUTE
1.1 Japan and Australia are both parties to the International Convention for
the Regulation of Whaling (the“ICRW”) and are also bound by a number of
other international obligations relating to the taking and treatment of whales and
trade in whales.
1.2 Due to developing international concern over the level of exploitation and
consequent depletion of whale stocks, and also more general environmental
concerns over the taking of whales, Australia ceased whaling in 1978. In 1982,
2
the International Whaling Commission (the “IWC”), the governing body
established under the ICRW, adopted a worldwide moratorium on commercial
whaling. This was additional to a number of earlier more specialised moratoria on
the taking of certain species and utilisation of certain practices. Subsequently, the
Commission adopted the Southern Ocean Sanctuary in which commercial whaling
also was prohibited. These decisions we re implemented by way of amendments
to the Schedule to the ICRW. Subject to any reservation that may be made by a
Contracting Government to the ICRW, amen dments to the Schedule form part of
the ICRW and are legally binding.
1
International Convention for the Regulation of Whaling , Washington D.C., 2 December 1946,
161 UNTS 74 (entered into force on 10 November 1948) [Annex 1].
2
In this Memorial the term “Commission” is used to refer to the over-arching forum established
by the ICRW as the principal organ responsible for giving effect to the object and purpose of the
ICRW (discussed further at Chapter 2). This is distinct from the term “IWC” which is used to
refer to the inter-governmental organisation established by the ICRW as a whole (including the
Commission and its committees). Over the course of its history, the IWC has gradually changed
its practice of citation for reports of the Commission and committees. In this Memorial, Australia
has adopted the IWC standard for citation oreports, such that reports of the International
Whaling Commission may be variously cited as Rep. int. Whal. Commn or Annual Report of the
International Whaling Commission orReport of the Annual Meeting of the Commission.
11.3 While Japan has maintained reservations to some of aspects of the more
specialised moratoria and to the prohibition on the taki ng of minke whales in the
Southern Ocean Sanctuary, it is otherwise bound by the terms of the relevant
moratoria and the Southern Ocean Sanctuary.
1.4 Notwithstanding Japan’s acceptance in 1986 of the moratorium on
commercial whaling, it was determined to continue its whal ing activities by one
means or another. Its purported means of doing so was, and remains, the use of
special permits “for purposes of scientif ic research” authorising large-scale takes
of minke whales in the Southern Ocean allegedly issued in reliance upon
ArticleVIII of the ICRW. It was no coin cidence that Japan only started to issue
special permits authorising large-scale so-called “scientific whaling” immediately
after the moratorium on whaling for commercial purposes came into effect for
Japan’s pelagic (deep sea) whaling operations in May 1987. The Japanese Whale
Research Program under Special Permit in the Antarctic (“JARPA”) was
3
commenced during the next whaling season. The permits issued to give effect to
JARPA were but a ruse to enable the continuation of whaling by Japan.
1.5 Japan terminated JARPA in 2005 and then commenced immediately the
much larger Japanese Whale Research Program under Special Permit in the
Antarctic Phase II (“JARPAII”) which is the subj ect of these proceedings. Not
only does that program envisage the taking of double the number of minke whales
than taken under JARPA, it also envisages the taking of humpback and fin whales
and it has no defined end date.
1.6 Furthermore, Japan commenced JARPA II despite the absence of a proper
review of the immediately preceding JA RPA and in the face of 20 years of
sustained criticism of JARPA from both within and outside the IWC. That
3Antarctic whaling seasons run during the southern summer. A single season therefore runs over
two calendar years, from around November until April.
2criticism focused in particular on the co mplete absence of a need for lethal
whaling to achieve the posited objectives of JARPA. Yet this unnecessary lethal
whaling is the raison d’etre of its successor, JARPA II.
1.7 Japan’s conduct of JARPA II is in breach of its obligations under
international law. Australia has drawn these breaches to the attention of Japan on
many occasions and requested that it cease its activities under JARPA II. In this
respect, reference is made to the Aide Memoire that forms Annex I to Australia’s
Application Instituting Proceedings . 4 Japan has declined to accede to these
requests and, in so doing, has asserted th at its conduct of JARP A II is consistent
with its obligations under international la w. As such, a legal dispute exists
between Australia and Japan as to the lawfulness of JARPA II under international
law.
1.8 In this Memorial, Australia will establish that Japan’s whaling under
JARPA II, and hence any special permit wha ling of a similar ki nd carried out by
Japan, is contrary to Japan’s obligations under international law. The focus of
Australia’s case is Japan’s failure to comply with its obligations under the ICRW,
and, in particular, its obligation not to kill whales for commercial purposes and its
obligation not to conduct commercial whaling for fin and humpback whales in the
Southern Ocean Sanctuary. Australia will establish that the true purpose of
JARPA II is continued whaling pure and simple. Australia will establish also that
the issue of special permits by Japan al legedly under Article VIII of the ICRW
purportedly authorising wha ling “for purposes of scientific research” is not
consistent with the Convention. In this respect, Australia will demonstrate that
JARPA II is not a program “for purposes of scientific research”.
4Aide Mémoire, Joint Démarche by Australia, Argentina, Austria, Belgium, Brazil, Chile,
CostaRica, Croatia, Czech Republic, Ecuador, the European Commissi on, Finland, France,
Germany, Greece, Ireland, Israel, Italy, Luxe mbourg, Mexico, Monaco, the Netherlands, New
Zealand, Portugal, San Marino, Slovak Republic, Slovenia, Spain, Sweden, the United Kingdom
and Uruguay, “Objection to Japan’s Scientific Whaling”, 21 December 2007 [Annex 67].
31.9 While JARPA II does envisage the taking of humpback whales and special
permits have been issued by Japan authorising the killing of that species, no
humpbacks have yet been taken pursuant to that program. In the event that
humpback whales are taken pursuant to JA RPA II, Australia reserves the right to
seek remedies from the Court in relation to a breach of the Convention on
International Trade in Endangered Species of Wild Fauna and Flora (“CITES”).5
Australia is not seeking any remedy flow ing from the obligations of Japan under
the Convention on Biological Diversity.
S ECTION II. JURISDICTION
1.10 The Court has jurisdiction over this dispute by reason of the respective
declarations made by Australia and Japan under Article 36(2) of the Statute of the
Court.7
SECTION III. S TRUCTURE AND O UTLINE OF THIS M EMORIAL
1.11 The balance of this Chapter provides an outline of the structure of this
Memorial and provides a comment on the handling of scientific evidence by the
Court in this case.
5 Convention on International Trade in Endangered Species of Wild Fauna and F,ora
Washington D.C., 3 March 1973, 993 UNTS 244, (entered into force on 1 July 1975) (“CITES”).
6Convention on Biological Diversity , Rio de Janeiro, 5 June 1992, 1760 UNTS 79 (entered into
force on 29 December 1993).
7Declaration of Australia dated 22 March 2002 signed by the Hon. A.J.G. Downer, Minister for
Foreign Affairs; Declaration of Japan dated 9 July 2007 signed by the Hon. Kenzo Oshima,
Permanent Representative of Japan to the United Nations.
4C HAPTER 2
1.12 Chapter 2 commences by providing an overview of the framework
established by the ICRW, including its stru cture, purpose and obj ect. It outlines
also the evolution of the ICRW re gulatory model from 1946, tracing the
development of regulation from undifferentiated catch limits to more sophisticated
and increasingly restrictive forms of regulation. Chapter 2 also outlines the
development and adoption of various cons ervation measures by the IWC, such as
the moratorium on whaling for “commercial purposes” and the establishment of
extensive whale sanctuaries, including the Southern Ocean Sanctuary. It then
describes the comprehensive nature of the present regime which envisages only
the three types of whaling: commercial whaling, aboriginal subsistence whaling
and whaling for purposes of scientific re search. The Chapter concludes with an
outline of the pre-exploitation and currentlevels of the relevant populations of
whales intended to be taken under JARP A II, thus showing the effect that
exploitation has had on those populations over the course of the last century.
C HAPTER 3
1.13 Chapter 3 sets out the facts behind the current dispute. It describes how, in
January 1988, Japan commenced so-called “scientific” whaling in the Southern
Ocean as a means of continuing whaling per se and to protect its whaling industry
following its acceptance of a commercial whaling moratorium. Chapter 3 then
examines the key participan ts in Japan’s whaling indus try and describes Japan’s
whaling in the Southern Ocean as well as the production, distribution and sale of
whale products in Japan. It sets out the “scientific” whaling business model, by
which the revenue from the sale of wh ale meat funds ongoing whaling operations
and benefits key stakeholders. The Chap ter also sets out how this affects the
conduct of Japan’s “research”.
5C HAPTER 4
1.14 Chapter 4 traces the origins and devel opment of Article VIII of the ICRW
and sets out the proper interpretation of this exception in accordance with
established principles of treaty interpreta tion as reflected in Articles 31 and 32 of
the Vienna Convention on the Law of Treaties (the “ Vienna Convention”). 8 It
addresses also the requirement to perf orm obligations under the ICRW in good
faith as required by Article 26 of the Vienna Convention . Applying these
principles, it will be seen that Article VIII is excep tional and not self-judging.
The provision must be applied using objective criteria and, in doing so, it operates
so as to confine Japan, acting in good fa ith, only to grant permits that authorise
the killing, taking and treating of whales “f or purposes of scientific research” and
for no other purpose.
C HAPTER 5
1.15 Chapter 5 describes the failure of JARPA after nearly two decades of
so-called “scientific” whaling by Japan. It explains how, in JARPA II, Japan
continues to employ the same flawed method - the collection of data through
whaling - that did not genera te useful or reliable resu lts in JARPA. Japan has
simply structured JARPA II around new objectives that purport to be scientific but
have no greater prospects of scientific a dvancement or success than JARPA had.
Chapter 5 then assesses JARPA II against th e four essential characteristics of a
program “for purposes of scientific research” referred to in Chapter4 and
establishes that JARPA II does not have a ny of these characteristics. Chapter 5
establishes also that JARPA II is not car ried out for purposes of scientific
research. The manifest purpose of JA RPA II - which may be traced to the
8Vienna Convention on the Law of Treaties, Vienna, 23 May 1969, 1155 UNTS 331 (entered into
force on 27 January 1980) (the “Vienna Convention”).
6inception of JARPA in 1987 in respons e to the moratorium on commercial
whaling - is the continuation of whaling on a permanent basis.
C HAPTER 6
1.16 Chapter 6 establishes that Japan’s whaling under JARPAII is in
contravention of the commercial whaling moratorium, the Southern Ocean
Sanctuary and the factory ship moratorium under the ICRW.
C HAPTER 7
1.17 Chapter 7 sets out the remedies sought by Australia.
SUBMISSIONS
1.18 Finally, this Memorial concludes by setting out Australia’s Submissions.
A PPENDICES – SCIENTIFICR EPORTS
1.19 Two scientific reports form appendices to this Memorial. The first is
entitled Antarctic Baleen Whale Populations authored by William de la Mare,
9
Natalie Kelly and David Peel. This report reviews the status of the Southern
Hemisphere whale populations that have been subject to commercial and/or
scientific whaling and, in particular, the minke, fin a nd humpback whale species
that are the subject of JARPA II.
1.20 The second report entitled An Assessment of Japane se Whale Research
Programs Under Special Permit in the Antarctic (JARPA, JARPA II) as Programs
for Purposes of Scientific Research in the Context of Conservation and
Management of Whales is authored by Professor Marc Mangel, Distinguished
9
W de la Mare, N Kelly, D Peel, Antarctic Baleen Whale Populations , April 2011 (“de la Mare
et al., Antarctic Baleen Whale Populations”) [Appendix 1].
7Professor of Applied Mathematics and Statistics at the University of California
Santa Cruz. 10 ProfessorMangel identifies the essential characteristics of a
program undertaken for purposes of scientif ic research. He then analyses the
objectives, methodologies and other feat ures of JARPA II and, in so doing,
assesses whether JARPA II has the essential characteristics of a program
undertaken for purposes of scientific research. He concludes that JARPA II is not
a program for purposes of sc ientific research in the context of conservation and
management of whales.
1.21 In commissioning and appending two reports by scientific experts,
Australia has taken account of the approach outlined by the Court in the Case
Concerning Pulp Mills on the River Uruguay (Argentina v. Uruguay) to the effect
that “persons who provide evidence before the Court based on their scientific or
technical knowledge...should testify before the Court as experts...so that they may
11
be submitted to questioning by the other party as well as by the Court”.
Australia welcomes this approach and will take all necessary steps to ensure that
an author of each of the appended reports is available for questioning by Japan
and the Court, under such c onditions as the Court consid ers appropriate. In this
regard, Australia notes that the questioning of expert s would require sufficient
time to be made available in any future schedule of hearings.
1.22 In the event that the Court is minded to seek its own expert opinion on
matters of scientific or t echnical expertise in accordan ce with Article 50 of the
Statute, Australia submits that it s hould do so with “transparency, openness,
10
M Mangel, An Assessment of Japanese Whale Research Programs Under Special Permit in the
Antarctic (JARPA, JARPA II) as Prog rams for Purposes of Scientific Research in the Context of
Conservation and Management of Whales (“Mangel, Expert Opinion”) [Appendix 2].
11
Case Concerning Pulp Mills on the River Uruguay (Argentina v. Uruguay) , Judgment,
20 April 2010, para. 167.
8 12
procedural fairness” and provide the parties with an opportunity to comment on:
(i) the proposed choice of the relevant expert or experts; (ii) the terms of reference
of any report they may be invited to pr epare; and (iii) any opinion subsequently
given by that expert including, as appropriate, by means of questioning.
A NNEXES
1.23 There are two volumes of Annexes containing the evidence upon which
Australia relies in this Memorial. Those Annexes include international
instruments, IWC documents, inter-gove rnmental and multilateral documents,
books, articles, documents from the Aust ralian and Japanese Governments and
13
documents from the Japanese whaling industry.
12
Case Concerning Pulp Mills on the River Uruguay (Argentina v. Urugua, Joint Dissenting
Opinion of Judges Al-Khasawneh and Simma, para. 14.
13
In some cases relevant excerpts of the documents have been provided. Also, English
translations are provided for all relevant parts of documents annexed in Japanese.
9CHAPTER 2 - THE INTERNATIONAL REGULATION
OF WHALING
2.1 This Chapter sets out the background to the comprehensive international
regime for the regulation of whaling wh ich now rests within an increasingly
conservation-oriented context. It is against this background that the legality of
Japan’s so-called “scientific” whaling falls to be determined.
2.2 Section I provides an overview of the framework established by the
ICRW, its structure, purpose and object.
2.3 Section II outlines the evolution of the ICRW regulatory model from 1946
and the concomitant transformation of the practice of the IWC. ThisSection
traces the development from undifferentiated catch limits to increasingly
restrictive regulation. Refl ecting trends in broader in ternational environmental
law, it is clear that the regulation of whaling has become increasingly
conservation-oriented. This Section al so outlines the development and adoption
of various conservation measures by the IWC, such as the moratorium on whaling
for “commercial purposes” and the establishment of extensive whale sanctuaries,
including the Southern Ocean Sanctuary.
2.4 Section III describes the comprehens ive and restrictive nature of the
present regime and identifies the three t ypes of whaling envisaged by the regime:
commercial whaling, aboriginal subsistence whaling and whaling for purposes of
scientific research.
2.5 Section IV outlines pre-exploitation and current levels of the relevant
populations of whales intended to be ta ken under JARPA II, showing the effect
that exploitation has had on those worldwid e populations over the course of the
last century.
10 S ECTION I. T HE ICRW F RAMEWORK
2.6 In this Section, Australia provides a br ief history of the modern regulation
of whaling, followed by a review of the framework established by the ICRW in
1946 for the regulation of the conservation a nd management of whales. It will be
seen that the ICRW is established as a framework Convention, carrying within it a
mechanism for its own evolution to meet changing demands over time.
A. E ARLY ATTEMPTS AT INTERNATIONAL REGULATION
2.7 The need for the regulation of whaling at an international level first arose
in the early 20 tcentury following the emergence of “factory ships” which
extended commercial whaling into waters beyond national jurisdiction. Whaling
began in the Antarctic in 1904, and by 1910 the Antarctic whaling grounds were
14
producing more whale oil than the North Atlantic industry. The scale of
commercial whaling continued to steadily increase, reaching its peak in 1930/31
15
when 3,701,668 barrels of whale oil were produced in a single season.
16
Thislarge increase in production led to a collapse in the price of whale oil.
States subsequently expressed significant concerns over the sustainability of the
17
industry and the decline in whale stocks, thus prompting calls for its regulation.
2.8 The international regulation of whaling was first formally proposed within
the League of Nations in the 1920s, with the first internati onal agreement, the
14J N Tønnessen and A O Johnsen, The History of Modern Whaling (C Hurst and Company, 1982)
(“Tønnessen and Johnsen, Modern Whaling”), 176.
15Ibid., 330. This equated to 43,210 whales caught.
16Ibid., 387-389; R Ellis, Men and Whales (Alfred A Knopf, 1991) (“ Ellis, Men and Whales ”),
350.
17For further information on the impact of commercial whalinde la Mare et al., Antarctic
Baleen Whale Populations [Appendix 1].
11Convention for the Regulation of Whaling , being signed in Geneva on
18
24 September 1931 (“1931 Convention”). Te 1931 Convention imposed a
number of limited restric tions on the whaling industr y. For the first time,
prohibitions on the killing of calves, imma ture whales, nursing female whales or
of any species of right whale were introduced in an attempt to ensure the
19
continuation of the industry. The 1931 Convention also required all whaling
operations to be licensed by a Contra cting Party. Notwithstanding these
conservation concerns, the Convention had a primary focus on the development of
the commercial industry.
2.9 The 1931 Convention had 28Contracting Parties. 20 Neither Australia nor
Japan were Parties (Australia signed but did not ratify the 1931 Convention). 21
2.10 The 1931 Convention failed to bring the whaling industry under effective
22
international control. As whale oil prices continued to decline, and it was
recognised that, in addition to right whal es, gray whales were also virtually
23
extinct, States called for stronger regulat ion. The regulatory framework
governing commercial whaling was strengthened in 1937 by the
18 Convention for the Regulation of Whaling , Geneva, 24 September 1931, 155 LNTS 349
(entered into force 16 January 1935) (“1931 Convention”) [Annex 2].
19The 1931 Convention, Articles 4 and 5. The ban on the killing of right whales was introduced as
right whales had been decimated in the North Atlantic by this time: Ellis, Men and Whales , 386.
Right whale species include North-Cape whales, Gr eenland whales, southern right whales, Pacific
right whales and southern pigmy right whales.
20
See L Leonard, “Recent Negotiations Toward the International Regulation of Whaling”
(1941) 35 American Journal of International Law 90, 100.
21
See Australian Government Press Release, “Antarctica and Whaling”, 24 August 1936
[Annex 68].
22Tønnessen and Johnsen, Modern Whaling, 410.
23
Ellis, Men and Whales, 464.
12InternationalAgreement for the Regulation of Whaling (“ 1937 Agreement ”). 24
The 1937 Agreement marked an increasing focus on whale conservation by
imposing limitations on catch seasons and strict limits on the minimum length at
which particular whales could be taken. It also introduced a prohibition on the
hunting of gray whales and maintained pr ohibitions on the ta king of calves and
25
the hunting of right whales. Nevertheless, it continued to maintain as its express
26
object the prosperity of the commercial whaling industry. With the exception of
Japan, all States conducting Antarctic pelagic whaling at that time became
27
Contracting Parties to the 1937 Agreement.
2.11 The 1937 Agreement had nine Contracting Part ies and entered into force
28
for Australia on 23 July 1946. In addition, between 1937 and 1945, a number of
Protocols to the 1937 Agreement were concluded. These Protocols limited the
29
hunting of humpback whales, declared a whale sanctuary in the Antarctic,
established an agreed system for measuring the size of each Contracting
30 31
Government’s whale hunt and addressed the post-war conditions.
24International Agreement for the Regulation of Whaling , London, 8 June 1937, 190 LNTS 79
(entered into force 7 May 1938) (“1937 Agreement”) [Annex 3].
25The 1937 Agreement, Articles 4, 5 and 7.
26The 1937 Agreement, preamble.
27Although Japan did not attend negotiations for the 1937 Agreement, it did attend negotiations for
some of the subsequent Protocols to that Agreement.
28Australia’s Instrument of Ratification for the International Agreement for the Regulation of
Whaling, Canberra, 10 July 1946, signed by Acting Minister of State for External Affairs,
MJOMakin, deposited in the archives of the Government of the United Kingdom of
Great Britain and Northern Ireland on 23 July 1946. Australia withdrew from the 1937 Agreement
on 1 July 1950 following the entry into force for Australia of the ICRW.
29
Protocol amending the International Agreement on the Regulation of Whaling , London,
24 June 1938, 196 LNTS 131 (entered into force 30 December 1938) (“1938 Protocol”), Article 1
[Annex 4].
30 Protocol amending the International Agreement for the Regulation of Whaling, London,
February 1944, UKTS 1946 No. 61 (Cmd. 6990) (“ 1944 Protocol ”) [Annex 5].
TheGovernment of Eire failed to ratify the 1944 Protocol as required in Article7 to bring the
13B. A DOPTION OF THE ICRW
2.12 Lack of knowledge about whale stoc ks, coupled with confusion over the
coverage of existing agreements, led to renewed concerns about the future
32
sustainability of the international whaling industry. Aconference on whaling
was held in Washington in November 1945, attended by 19 States, as well as the
33
UN Food and Agriculture Organisation. The twin aims of the Conference,
asannounced by then UnitedStates Secr etary of State Dean Acheson in his
34
opening address, were: (i) to codify the range of existing agreements; and (ii) to
establish a permanent and effective international organ for the supervision of the
Protocol into force. The 1944 Protocol was supplemented by a further Protocol in 1945 to bring
the 1944 Protocol into force without the Government of Eire’s ratification: the Supplementary
Protocol concerning the International Agreement for the Regulation of Whaling of 8 June 1937 as
amended by the Protocols of 24 June 1938 and 7 February 1944 , London, 5October 1945,
UKTS1946 No. 44 (Cmd. 6941) (entered into force 5 October 1945). The agreed system for
measuring the size of the whale hunt was based on the Blue Whale Unit, discussed further in
Section II.A of this Chapter.
31Protocol amending the International Agreement for the Regulation of Whaling of 8 June 1937
and the Protocol for the Regulation of Whaling of 24 June 1938 , London, 26 November 1945,
11 UNTS 43 (entered into force 3 March 1947) (“1945 Protocol”) [Annex 6].
32
Tønnessen and Johnsen, Modern Whaling, 492-494, 499.
33Ibid., 499.
34By1946, nine multilateral international agreements had been finalised between various States:
the 1931 Convention, the 1937 Agreement , the 1938 Protocol; the 1944 Protocol and its
Supplementary Protocol regarding its entry into force; the1945 Protocol and its Supplementary
Protocol regarding its entry into force; the Supplementary Protocol Concerning the
1937International Agreement for the Regulation of Whaling, as Amended by the Protocols of
24June 1938 and 7 February 1944, London, 15 March 1946, UKTS1946 No. 44 (Cmd. 6941);
and the Protocol Extending for the Whaling Season of 1947-48 the Provisions of the Protocol
amending the International Agreement for the Regulation of Whaling of 8 June 1937 and the
Protocol for the Regulation of Whaling of 24 June 1938 , Washington D.C., 2December 1946,
161 UNTS 361 (entered into force 5 February 1948).
14 35
whaling industry. In his address, Secretary Acheson emphasised the need to
36
conserve the depleted whale stocks.
2.13 The resultant treaty, the ICRW, reflects these aims and that emphasis.
While the text of the ICRW mirrors ma ny provisions of the earlier agreements,
there are two important differences: (i) the establishment of the
inter-governmental organisation, the IWC; 37 and (ii) the inclusion of a Schedule of
regulations annexed to the ICRW limiting andcontrolling whaling.
2.14 The ICRW entered into force generally and for Australia on
38
10 November 1948. Japan lodged its notice of adherence on 21 April 1951 and
the ICRW entered into force for Japan on that day. Membership of the IWC is
open to any State that formally adheres to the ICRW, either by ratification or
instrument of adherence. There are curre ntly 89 members of the IWC, including
39
both Australia and Japan.
C. T HE OBJECT AND PURPOSE OF THE ICRW
2.15 In order to understand the comprehensive regime established by the ICRW
it is essential to understand, from the outset, the object and purpose of the treaty.
2.16 The preamble to the ICRW evidences a significant change from the
philosophy of the 1931 Convention and the 1937 Agreement . The opening
35 Tønnessen and Johnsen, Modern Whaling, 500; Speech of Dean Acheson to the Opening
Plenary Session of the International Whaling Conference, 20 November 1946 [Annex 70].
36Speech of Dean Acheson to the Opening Plenary Session of the International Whaling
Conference, 20 November 1946 [Annex 70].
37ICRW, Article III.
38Australia ratified the ICRW on 1 December 1947.
39
International Whaling Commission, IWC Members and Commissioners, at
<http://www.iwcoffice.org/commission/members.htm#members> on 12 April 2011.
15sentence of the preamble to the ICRW rec ognises “the interest of the nations of
the world in safeguarding for future ge nerations the great natural resources
represented by the whale stocks”.
2.17 The primary motivation for this sh ift – that is, abandoning industrial
profitability as the sole underlying object of international regulation of whaling –
is evident in the second paragraph of the preamble, which considers that
“the history of whaling has seen over-fishing of one area after another and of one
species of whale after another to such a de gree that it is essential to protect all
species of whales from further over-fishing”. The preamble proceeds to recognise
that: (i) whale stocks are susceptible of natural increases if whaling is properly
regulated; (ii) it is in the common interest to achieve the optimum level of whale
stocks as rapidly as possible “wit hout causing widespread economic and
nutritional distress”; and (iii) in the course of achieving these objectives, whaling
operations should be confined to those species best able to sustain exploitation in
order to give an interval for recovery to certain species of whales now depleted in
numbers.
2.18 The preamble concludes with an expression of the desire of the
Contracting Governments to establish a system of international regulation for
whale fisheries to ensure proper and e ffective conservation and development of
whale stocks, and the resultant decision to conclude a convention “to provide for
proper conservation of whale stocks and thus the orderly development of the
whaling industry”.
2.19 The preamble to the ICRW theref ore evidences two fundamental
objectives underpinning the system established by the ICRW: first, to provide for
the proper and effective conservation and recovery of all whale stocks; and
secondly (relying on and flowi ng from the first), to make possible the “orderly
development” of the whaling industry. It is significant that the first objective of
the preamble is the conservation of whale st ocks for future generations–that is,
16before any reference to regulation of the whaling industry. Further, through use of
the conjunction “and thus” in the final paragraph of the preamble, the “orderly
development” of the whaling industry is expressly made contingent upon the
proper and effective conservation of whale stocks. As stated by Professor Birnie:
[T]he primary purpose [of the Convention] is conservation and development of
whale stocks for the secondary objective of enabling the whaling industry to
continue in a more orderly fashion. The other parts of the Preamble are directed to
recognising the main problem of that40ndustry – over-exploitation – and the best
means for achieving stock development.
2.20 While the ICRW is plainly a conventi on for the regulation of whaling, its
object and purpose was to establish a comp rehensive regime to provide for the
proper and effective conservation and rec overy of all whale stocks. The ICRW
does not set out how this object and purpose is to be achieved. Rather, as will be
demonstrated in the next Section, it esta blishes a scheme which allows for the
object and purpose to be achieved in an evolving and continuing fashion on the
basis of the best available scientific advice.
D. S TRUCTURE AND SCHEME OF THE ICRW
2.21 The ICRW consists of 11 Articles and a Schedule with the latter forming
an integral part of the Convention. 41 The Articles establish the institutional
mechanisms through which the object and purpose of the ICRW are to be
achieved. The Schedule contains the detailed regulations go verning the conduct
of whaling. As with other Conventions establishing a regulatory regime, the
institutional mechanisms of the ICRW are designed to allow the Convention
regime to evolve and develop as understa nding changes over time as to what is
appropriate to give effect to the object and purpose of the Convention.
40
P Birnie, “Legal Aspects of Non-Consumptive Utilisation of Cetaceans” (1983), unpublished
paper presented at the Global Conference on the Non-Consumptive Utilisation of Cetacean
Resources, 7-11 June 1983 (“Birnie, Non-Consumptive Utilisation of Cetaceans”), 5 [Annex 74].
41
ICRW, Article I(1).
17 (1) Key Institutions
2.22 Article III of the ICRW established the Commission as the principal
institution responsible to give effect to its object and purpose. Each Contracting
Government is represented on the Comm ission by a Commissioner, who may be
42
accompanied by experts and advisers. The ICRW left it to the IWC itself to
43
determine its other constitutive elements and Rules of Procedure. Specifically,
the IWC is empowered by the ICRW to establish “such committees as it considers
44
desirable to perform such functions as it may authorize”. Since its first meeting
in May 1949, the IWC has developed a number of key institutions. These include
the current four standing committees: the Scientific Committee;
45
the Technical Committee; the Finance and Administration Committee; and, most
recently, the Conservation Committee. The Scientific Committee is of particular
relevance to the current dispute.
2.23 The Commission is envisaged as having a legislative and regulatory role.
An important aspect of this role as set out in Article V is the adoption of detailed
regulatory measures through amendments to the Schedule. Toassist it in this,
Article IV authorises the Commission to organise studies and collect and study
information concerning whale stocks.
2.24 The Commission also is entrusted by Article VI with the making of
recommendations on “any matters which rela te to whales or whaling and to the
objectives and purposes of the Convention” . In practice, recommendations made
42
Ibid., Article III(1). See alsInternational Whaling Commission, Rules of Procedure and
Financial Regulations (as amended by the Commission at the 62 ndAnnual Meeting, June 2010)
(“Rules of Procedure”), A1.
43Ibid., Article III.
44Ibid., Article III(4).
45
The Technical Committee has not met since 1999 , but remains on the record. The need for a
Technical Committee remains under review by the Commission: see Chai r’s Report of the
Sixty-Second Annual Meeting,Annual Report of the International Whaling Commission 2010, 35.
18 46
under Article VI are presented as Resolutions of the Commission. These
Resolutions provide further evidence of the evolving attitude of the Commission
to the proper interpretation and applic ation of key provisions of the ICRW.
Thepractice of the IWC reflected in such Resolutions of the Commission
provides authoritative guidance on those matters of interpretation and application.
2.25 In adopting Resolutions and amendments to the Schedule, the Commission
has been assisted by the work of the Scientific Committee, a body of considerable
importance in the present dispute. It is therefore important to understand the role
played by the Committee. The Scientific Committee has defined its duties as
being to:
Encourage, recommend, or if necessary, organise studies and investigations related
to whales and whaling...
Collect and analyse statistical information concerning the current condition and
trend of whale stocks and the effects of whaling activities on them...
Study, appraise, and disseminate information concerning methods of maintaining
and increasing the population of whale stocks...
Provide scientific findings on which amendments to the Schedule shall be based to
carry out the objectives of the Conventio n and to provide for the conservation,
development and optimum utilization of the whale resources... [and]
Publish reports of its activities and findings.
2.26 The Scientific Committee does not itself carry out scientific research.
Instead it manages, collates and report s on research carried out by Contracting
Governments, other international and national scientific institutions and individual
scientists. In addition, the Scientific Committee has in the past commissioned
46
Rules of Procedure E and J provide further procedural guidance on the Commission’s process
for passing Resolutions.
47
International Whaling Commission, Rules of Procedure of the Scientific Committee (as amended
by the Commission at the Sixty- Second Annual Meeting, June 2010) , (“Rules of Procedure of the
Scientific Committee”), preamble.
19 48
consultants to provide reviews on sp ecific research topics or methods.
49
The Scientific Committee also plays a role in reviewing special permits.
2.27 The membership of the Scientific Committee primarily comprises
50
nominees of Contracting Governments. While there is no formal requirement
that Government nominees have any scient ific qualifications or expertise in the
science of whales, it is expected that nomi nees will be scientists with expertise in
marine mammals. The Scientific Comm ittee also has the capacity to include
advisors from inter-governmental or ganisations in a non-voting capacity. 51
TheUN Food and Agricultur e Organisation, the United Nations Environment
Programme and the International Union for the Conservation of Nature and
Natural Resources (“IUCN”) all have ha d advisors on the Scientific Committee
for considerable periods.
2.28 The Chair of the Scientific Committee ma y also invite qualified scientists,
not nominated by Contracting Governments, to participate in meetings as
non-voting contributors. These c ontributors are known as “Invited
52
Participants”.
2.29 Membership of the Scientific Committ ee has grown markedly since 1946.
In1955, the Scientific Committee comprise d 11 scientists from seven member
48
See, for example, the work unde rtaken by the Committee of Expe rts in the 1960s: “Reports of
the Committee of Three Scientists on the Special Scientific Investigation of the Antarctic Whale
Stocks”, Appendix V, Fourteenth Report of the Commission , 1964, 32-107; Report of the
Committee of Four Scientists, June 1964, Appendix V, Fifteenth Report of the Commission, 1965,
47-60.
49
Rules of Procedure of the Scientific Committee , preamble; see also Chapter 4 of this Memorial,
Sections I.D and I.E.
50
Rules of Procedure of the Scientific Committee, A1.
51
Ibid., A2.
52
Ibid., A6. A small number of interested local scientists may also be invited as non-voting
observers to the meetings of the Scientific Committee: Ibid., A7.
20countries.53 In2010, its annual meeting was attended by 167 sc ientists from
25 member countries and five international organisations, and included 55 Invited
Participants.54
(2) The Schedule
2.30 The Schedule contains comprehensive regulations for the conservation and
management of whales and contains a number of obligations of particular
relevance to the current dispute. Article V(1) of the ICRW authorises the IWC to
adopt a range of regulatory measures from time to time through amendments to
the Schedule with respect to the conserva tion and utilisation of whale resources.
In this way it was envisaged that the object and purpose of the Convention could
be achieved on an ongoing basis, taking account of contemporary issues and
developments. Any amendments to the Schedule are required by Article III(2) to
be made by a three-quarters majority of members voting. Article V(2) sets out the
criteria for determining the content of am endments. Amendments are to be such
as are necessary to carry out the objectives and purposes of the Convention and to
provide for the conservation, developmen t and optimum utilisation of the whale
resources. They are to be based on sc ientific findings and shall not involve
restrictions based on nationality nor allocate specific quotas to any factory ship or
land station. In the ab sence of an objection, the amendments adopted under
Article V form part of the obligations under the Convention and are binding on
Contracting Governments. ArticleV( 3) of the ICRW permits Contracting
Governments to object to amendments to the Schedule. Under that provision,
obligations in the form of amendments to the Schedule will have no application to
53Report of the Scientific Sub-Committee, April 1955, Appendix IV, Sixth Report of the
Commission, 1955, 17-24.
54Report of the Scientific Committee, 9 June 2010, IWC/62/Rep 1, Annex A.
21a Contracting Government if it lodges an objection to the amendment within
90 days.
2.31 Over the period since 1946 amendments have been made regularly to the
Schedule as the IWC’s understanding of how best to give effect to the object and
purpose of the ICRW has developed. The key amendments to the Schedule as the
55
ICRW regime has evolved are detailed below.
2.32 By setting out the detailed regulator y provisions within the Schedule,
the ICRW is established as a framework Convention, which provides within it the
tools for regular amendment of those de tailed regulations governing the conduct
of the conservation and management of whales. In this way it was acknowledged
that while certain of the essential characte ristics of the framework were to remain
static (and were included within the Convention), the implementation of that
framework’s object and purpose was subject to continual review and evolution.
It is this evolution which is described in Section II below.
55See Section II of this Chapter.
22 S ECTION II. EVOLUTION OF THE INTERNATIONAL R EGULATION OF
W HALING UNDER THE IWC
2.33 Building on the framework established in 1946, Contracting Governments
progressively have strengthened the inte rnational regime for the regulation of
whaling by increasing the restrictions on the whaling industry.
2.34 This Section traces the developmen t of the regulator y model since the
adoption of the ICRW as seen through the evolution of the Schedule. This review
reveals an increasinglyrestrictive regulatory re gime, founded on a growing
understanding of the state of whale st ocks and reflecti ng the significant
th
international environmental developments over the second half of the 20 century
and early 21 century.
2.35 In this respect, the history of wha ling regulation from the introduction of
the ICRW to the present may be divided into the periods traced below, with
certain significant events identified:
(1) undifferentiated catch limits (1946-1972);
(2) the Stockholm Conference (1972);
(3) the period of the New Management Procedure (1974-1981);
(4) the commercial whaling moratorium (1981);
(5) the development of the Revised Management Procedure (1986-1994);
(6) the introduction of the Southern Ocean Sanctuary (1994); and
(7) the Berlin Initiative and the establishment of the Conservation Committee
of the IWC (2003).
23A. U NDIFFERENTIATED CATCH LIMITS (1946-1972)
2.36 The period of undifferentiated catch limits commenced upon the entry into
force of the ICRW and continued the re liance on the Blue Whale Unit (“BWU”)
56
which was first introduced in the 1944 Protocol.
2.37 The BWU was premised on the fact that, in the first half of the
20 tcentury, the commercial value of whales was primarily derived from the
quantity of oil able to be extracted. One BWU was the amount of oil which could
be extracted from one blue whale and equated to a “catch” of two fin whales or
57
two and a half humpback whales or six sei whales. Limitations on whaling
catches were expressed in BWU and, s ubject to any specific prohibitions on
taking whales of a particular species, any number of any species of whale could be
caught provided that the total caught did not exceed th e set BWU limit. In 1948,
when the Schedule to the ICRW first became effective, it included a catch limit
for the Southern Ocean set at 16,000 BWU – leaving Contracting Governments to
decide which species would be taken within this limitation. The BWU was
initially provided for in paragraph 8(a) of the Schedule and was amended from
time to time. In 1953 the Schedule was re-arranged and the BWU reflected in
section IV(4)(a).
2.38 During this period, the Commission did ag ree on the need to protect some
particular species or populations of whales (for example, through imposing a zero
catch quota on Antarctic blue whales in 1963). 58 Nevertheless the continued use
of the BWU, despite scientific advice suggesting it should be abandoned, meant
unsustainable whaling operations continued throughout the 1950s and 60s.
56
The 1944 Protocol, Article 3 [Annex 5].
57
Ibid. [Annex 5].
58Chairman’s Report of the Fifteenth Meeting, Appendix III, Fifteenth Report of the Commission,
1965, 17-18; de la Mare et al., Antarctic Baleen Whale Populations, para. 3.13 [Appendix 1].
24Also,the failure to set catch limits base d on the state of indi vidual species led to
the depletion of whale species in order of their oil yield, size and value.
2.39 During the late 1960s, an emergent c oncern for the preservation of whale
stocks was but part of the broader de veloping international concern over the
environment in general. These internati onal developments were recognised in a
Resolution of the United Nations Economic and Social Council passed at its
Forty-Fifth session in 1968 which highlighted the need for:
...intensified action at the national andinternational level, to limit and, where
possible, to eliminate the impairment of the human environment.
B. T HE STOCKHOLM C ONFERENCE (1972)
2.40 Recognising these broade r international concerns, the United Nations
General Assembly convened the Unite d Nations Conference on the Human
Environment (the “Stockholm Conference”) from 5 to 16 June 1972:
…to provide a framework for comprehensive consideration within the United
Nations of the problems of the human environment in order to focus the attention
of Governments and public opinion on the importance and urgency of this question
and also to identify those aspects of 60t can only, or best, be solved through
international co-operation and agreement.
2.41 The Stockholm Conference was attended by 113 States along with a large
number of international institutions and observ ers from non-governmental
61
organisations.
59
See discussion of “Resolution on question of convening anthnternational conference on the
problems of the human environment”, ESC Res 1346 (XLV), 45 Session, 1555 Plen Mtg, 30 July
1968 in the Report of the United Nations Conference on the Human Environment, Stockholm,
1972, UNDoc. A/CONF.48/14/Rev.1, 5-16 June 1972, (“ Report of the Stockholm Conference ”),
37.
60 rd rd
Resolution on Problems of the Human Environment, GA Res 2398 (XXIII), 23 Session, 1733
Plen Mtg, 3 December 1968.
61
Report of the Stockholm Conference, 43.
252.42 The non-binding instruments adopte d by the Conference included:
(i)aDeclaration containing 26 Principles to “inspire and guide the peoples of the
world in the preservation and enhancement of the human environment”; and
62
(ii) an Action Plan consisting of 109 Recommendations.
2.43 A number of the Principles and Recommendations adopted at the
Stockholm Conference were relevant to the conservation and management of
whales. Some of these include:
Principle 2: The natural resources of tearth, including the air, water, flora and
fauna and especially representative samp les of natural ecosystems, must be
safeguarded for the benefit of present and future generations through careful
planning and management, as appropriate.
…
Principle 4: Man has a special responsibility to safeguard and wisely manage the
heritage of wildlife and its habitat,which are now gravely imperilled by a
combination of adverse factors...
…
Principle 25: States shall ensure that international organizations play a 63ordinated,
efficient and dynamic role for the protection and improvement of the environment.
2.44 Specifically, the poor state of the whale stocks and the management
failures of the IWC were addressed in Recommendation 33 of the Conference:
It is recommended that Governments agree to strengthen the International Whaling
Commission, to increase international research efforts, and as a matter of urgency to
call for an international agreement, under the auspices of the International Whaling
Commission and invo64ing all Governments concerned, for a 10-year moratorium on
commercial whaling.
2.45 Although not binding, these Principles and Recommendations reinforced
the growing international awareness of the environment and marked a
fundamental turning point in the development of the broader international legal
regime. In turn, this influenced the development of new treaties, and brought
62Ibid., 3-31.
63Ibid., 4-5.
64Ibid., 12.
26increasing pressure to bear on interna tional institutions, such as the IWC,
to ensure their practice was consistent with this increasingly conservation-oriented
65
approach to management.
2.46 The Stockholm Conference has been desc ribed as the “first step towards
the establishment of international environmental law”. 66 It was a key marker of
the shifting focus of the international co mmunity towards the conservation of the
environment and the preservation of species . This shift was reflected clearly in
the practice of the IWC over the following decades and prevails today.
C. T HE N EW M ANAGEMENT P ROCEDURE (1974-1981)
2.47 Partly in response to the concerns expressed over the state of the world’s
whale populations at the Stockholm Conference, the BWU was abandoned in
1972 and removed from the Schedule to the ICRW. 67 From that time, the IWC
68
began to set catch limits by individual species. After two years,
a New Management Procedure (“NMP”) was adopted by the Commission at its
Twenty-Sixth Annual Meeting in 1974 and fi rst put into effect in the southern
69
summer of 1975/76 as a management tool for maintaining stocks.
2.48 The NMP, set out in paragraphs 10(a ) to 10(c) of the Schedule to the
ICRW, was used by the IWC to divide whal e populations by species into one of
three categories (Sustained Management Stocks, Initial Management Stocks, or
65
P Birnie, International Regulation of Whaling: From Conservation of Whaling to Conservation
of Whales and Regulation of Whale-Watching (Oceana Publications, 1985), Volume I, 375.
66
L B Sohn, “The Stockholm Declaration on the Human Environment” (1973) 14 Harvard
International Law Journal423, 515.
67
Chairman’s Report of the Twenty-Fourth Meeting, AppendixTwenty-Fourth Report of the
Commission, 1974, 20.
68
Ibid.
69Chairman’s Report of the Twenty-Seventh Meeting, Rep. int. Whal. Commn 27, 1977, 6-9.
27Protection Stocks) according to the estimated level of the population. In so doing,
the NMP was designed to:
(1) protect depleted stocks so that they could recover;
(2) maintain other stocks at or above levels that would allow catches to
stabilise at a sustainable level;
(3) prevent exploitation of previously unexploited stocks until acceptable
estimates of abundance were obtained; and
(4) allow commercial whaling to continue when information was lacking.
2.49 The aim of the NMP was to maintain whale stocks at the level at which the
highest continuing catch could be taken year after year without depleting the
70
population below a certain level.
2.50 The NMP relied on principles of population dynamics, which examine
how the size of an animal population changes over time, by investigating the rates
71
of births and deaths among the population (known as “biological parameters”).
2.51 The procedure was based on the assumption that scientists could rely upon
estimates of these parameters in order to determine a sustainable catch limit for
whaling, by calculating how proposed catches would affect the overall size of the
population.
2.52 The NMP was overly complex, since it required scientists to obtain
reliable information on the actual size a nd state of real whale populations and to
understand how these populati ons would respond to different catch levels in
72
constantly changing environmental conditions. This is notoriously difficult.
70Mangel, Expert Opinion, paras. 3.15-3.16 [Appendix 2].
71
Ibid., paras. 3.15, 3.9-3.11 [Appendix 2].
72
Ibid., paras. 3.13, 3.17 [Appendix 2].
28Asa consequence, the Scientific Comm ittee experienced serious problems in
attempting to implement the NMP, since there were insufficient reliable data on
biological parameters for it to operate effectively. 73 In addition, although the
NMP provided sufficient protection for the most depleted stocks (such as
Antarctic blue whales and fin whales), continued adherence to it would have
permitted unsustainable takes of other stocks over the long term. 74
2.53 Due to the serious problems inherent in the NMP, in 1978 the
75
Scientific Committee decided to investigate alternative management procedures.
The development of a revised management procedure was subsequently endorsed
76
by the Commission. In the period leading up th e adoption of the commercial
whaling moratorium in 1982, the Scientific Committee was unable to agree on
classifications and catch limits for certain stocks using the NMP and was reduced
77
to providing reactive, ad hoc management advice to the Commission.
2.54 While the NMP remains in paragraphs 10( a) to 10(c) of the Schedule, it is
no longer applied by the Commission. Si nce the adoption of the commercial
whaling moratorium in 1982, the Commi ssion has accepted a new management
tool, the Revised Management Procedure. 78
73
Ibid., paras. 3.17-3.18 [Appendix 2].
74J Cooke, “The management of whaling” (1994) 20(3)Aquatic Mammals 129, 129-130.
75“Alternative Whale Management Procedures”, Annex O, Report of the Scientific Committee,
Rep. int. Whal. Commn 29, 1979, 99-100.
76See Resolution on the Technical Committee Working Group on Revised Management
Procedures, Appendix 4, Chairman’s Report of the Thirty-Second Annual Meeting, Rep. int. Whal.
Commn 31, 1981, 29; Resolution on Developing Revised Management Procedures, Appendix 2,
Chairman’s Report of the Thirty-Third Annual Meeting,Rep. int. Whal. Commn 32, 1982, 35.
77
With respect to minke whales, see, for example: Rep. int. Whal. Commn 31, 1981, 108-110;
Rep. int. Whal. Commn 32, 1982, 50-52; Rep. int. Whal. Commn 33, 1983, 51-52, 97.
78
See Section II.E of this Chapter.
29D. D EVELOPMENT AND ADOPTION OF THE COMMERCIAL WHALING MORATORIUM
(1982)
2.55 In the decade following the Stockholm Conference in 1972, numerous
proposals were introduced in the IWC to implement the Recommendation of the
Stockholm Conference for a 10-year morato rium on all commercial whaling. In
1979, the Schedule of the ICRW was amended by the insertion of paragraph 9(d),
subsequently renumbered paragraph 10(d), to incorporat e a moratorium on
whaling by factory ships (the “factory ship moratorium”) as follows:
Notwithstanding the other provisions of paragraph 10 there shall be a moratorium on
the taking, killing or treating of whales, except minke whales, by factory ships or
whale catchers attached to f actory ships. This moratorium applies to sperm whales,
killer whales and baleen whales, except minke whales.
This provision remains in effect.
2.56 Also in 1979, the Commission adopted an amendment which prohibited all
commercial whaling in a defined area known as the Indian Ocean Sanctuary. 80
Further limiting the scope of commer cial whaling, in 1981, the Commission
agreed to place a moratorium on the killing of sperm whales. 81
2.57 A moratorium on all commercial wh aling was finally adopted by the
requisite three-quarters majority at th e IWC’s Thirty-Fourth Annual Meeting in
1982. The Resolution adopting the moratorium was approved by a large majority
82
of the Commission with 25 in favour, seven against and five abstentions.
79
The vote to amend the Schedule to introduce a factory ship moratorium received the necessary
three-quarters majority with 18 votes in favour (including Australia), 2 against (including Japan),
and 3 abstentions. A second vote was held to apply the moratorium to land stations. This vote
failed to receive the required majority, with 1votes in favour, 5 against, and 7 abstentions.
Chairman’s Report of the Thirty-First Annual Meeting, Rep. int. Whal. Commn 30, 1980, 26.
80
Schedule, para. 7(a).
81
Schedule, para. 16.
82Voting in favour were: Antigua, Australia, Belize, Costa Rica, Denmark, Egypt, France, Federal
Republic of Germany, India, Kenya, Mexico, New Zealand, Oman, St Lucia, St Vincent, Senegal,
Seychelles, Spain, Sweden, the United Kingdom and the United States; against were Brazil,
Iceland, Japan, Republic of Korea, Norway, Pe ru and the USSR. Chile, China, Philippines, South
30The IWC Resolution amended the Schedule to the ICRW by inserting
paragraph10(e) to introduce zero catch quotas on all commercially exploited
stocks by the 1986 coastal and 1985/86 pelagic seasons:
Notwithstanding the other provisions of paragraph 10, catch limits for the killing for
commercial purposes of whales from all stocks for the 1986 coastal and the 1985/86
pelagic seasons and thereafter shall be zero. This provision will be kept under
review, based upon the best scientific advice, and by 1990 at the latest the
Commission will undertake a comprehensive assessment of the effects of this
decision on whale stocks and consider modification of this provision and the
establishment of other catch limits.
2.58 Thedelay of the entry into effect of the moratorium for three years gave
whaling states the opportunity to phase out their commercial whaling activities
over time, in order to cope with any adverse economic consequences. 83
2.59 This was a significant milestone in the development of the ICRW and
reflects the recognition by the IWC that the over-exploitation and continued
depletion of whale stocks that had characterised the first three decades of the IWC
could not be permitted to continue.
(1) Objections to the moratorium
2.60 Following the adoption of the commercial whaling moratorium, the
84 85 86
Governments of Japan, Peru, Norway and the Union of Soviet Socialist
87
Republics (“USSR”) lodged formal objections to the amendment within the
Africa and Switzerland abstained: Chairman’s Report of the Thirty-Fourth Annual Meeting, Rep.
int. Whal. Commn 33, 1983, 21.
83
Ibid.
84IWC Circular Communication RG/EE/4613 “Amendments to the Schedule adopted at the 34 th
Annual Meeting and an Objection by the Government of Japan”, 5 November 1982 [Annex 53].
85IWC Circular Communication RG/EE/4607, “Objection by the Government of Peru to an
Amendment of the Schedule adopted at the 34 thAnnual meeting”, 29 October 1982.
86IWC Circular Communication RG/EE/4611 “Objection by the Governments of Norway and the
USSR to an Amendment of the Schedule adopted at the 34 thAnnual meeting”, 3 November 1982.
87Ibid.
31period prescribed in Artic leV(3) of the ICRW. Forall other Contracting
Governments, including Australia, paragr aph 10(e) of the Schedule came into
88
force on 3 February 1983.
2.61 On 22 July 1983, during the first meeting of the Commission following the
passage of the moratorium, Peru confirmed that it had decided to phase out its
whaling industry and formally withdrew its objection to paragraph 10(e) of the
Schedule. 89
90
2.62 Neither Norway nor the Russian Federation has withdrawn their
objections to paragraph10(e). Accordingly, paragraph 10(e) is not binding on
91
either of those Contracting Governments.
2.63 Japan’s objection to paragraph 10(e) of the Schedule was lodged with the
92
Commission on 5 November 1982. However, on 1 July 1986, Japan withdrew
its objection, thereby formally accepting the moratorium. Japan’s withdrawal had
effect from 1May1987 with respect to commercial pelagic whaling; from
1October 1987 with respect to commer cial coastal whaling for minke and
Bryde’s whales; and from 1April 1988 with respect to coastal sperm whaling. 93
Therefore, since 1 April 1988, paragraph 10( e) has been binding on all of Japan’s
whaling operations. The circumstances surrounding Japan’s withdrawal of its
objection and its simultaneous commencem ent of large-scale special permit
whaling purportedly under Article VIII of the ICRW are dealt with in Chapter 3.
88See footnote to para. 10(e) of the Schedule.
89Chairman’s Report of the Thirty-Fifth Annual Meeting, Rep. int. Whal. Commn 34, 1984, 20.
90
As successor State to the USSR.
91
See footnote to para. 10(e) of the Schedule.
92IWC Circular Communication RG/EE/4613 “Amendments to the Schedule adopted at the 34 th
Annual Meeting and an Objection by the Government of Japan”, 5 November 1982 [Annex 53].
93International Whaling Commission Report 1986-87,Rep. int. Whal. Commn 38, 1988, 1.
322.64 Iceland did not lodge an objection to paragraph 10(e) of the Schedule.
However it withdrew from th e ICRW in accordance with Article XI, effective on
30 June 1992. 94 In October 2002, Iceland was readmitted as a member of the
IWC with a reservation to paragraph 10(e) at the Fifth Special Meeting of the
Commission. 95 Australia, along with 17 other co untries, lodged an objection to
Iceland’s reservation to paragraph 10(e). 96 Australia maintains its view that
Iceland’s reservation to paragraph 10(e) is invalid.
(2) Rapid growth of special permit whaling upon commencement of the
moratorium
2.65 As will be noted in Chapter 4, Article VIII of the ICRW provides for
Contracting Governments to issue permits fo r the killing of whales “for purposes
of scientific research”. Prior to the en try into effect of the commercial whaling
moratorium in 1985/86 comparatively few whales had been taken in purported
reliance on Article VIII. In the first decad e following the entry into force of the
ICRW in 1948, special permit catches by Contracting Governments were modest,
generally proposing takes of six whales or fewer. The period after 1957 did see
an increase in the scope and number of special permits issued by
ContractingGovernments, but nothing on the scale that followed the introduction
of the commercial whaling moratorium.
2.66 The entry into effect of the comme rcial whaling moratorium in 1985/86
marked a turning point in the scal e and ambit of “scientific” whaling
94
International Whaling Commission Report 1991-92, Rep. int. Whal. Commn 43, 1993, 2;
seealso Chair’s Report of th e Fifty-Third Annual Meeting, Annual Report of the International
Whaling Commission 2001, 5.
95Chair’s Report of the Fifth Special Meeting, Annual Report of the International Whaling
Commission 2003, 139-142.
96Ibid., 142; Note from the Ambassador of Australia to the Department of State of the
United States of America, Note No. 44/2003, 5 February 2003.
33programs:about 2,100whales were killed under special permits issued in the 34
years between 1952 and 1986 at an average rate of approximately 62 whales per
97
year. Incontrast, 14,410 whales were killed in the 25 years between the
introduction of the commercial whaling moratorium and the end of the 2010/11
pelagic season, at a markedly higher average rate of approximately 572 whales
per year – almost 10 times the average ra te that preceded the introduction of the
moratorium. This was no coincidence.
2.67 Following the entry into effect of the commercial whaling moratorium,
proposals for large-scale whaling under spec ial permit have been introduced by
Iceland, the Republic of Korea, Japan, Norway and the USSR. Again, it is no
coincidence that these are the same c ountries that had c onducted the largest
commercial whaling operations immediately prior to the moratorium. It is notable
that two States, theRepublic of Kor ea and the USSR, responded to serious
concerns raised about their proposals by not proceeding with their so-called
97V Morell, “Killing Whales for Science?” (2007) 316:5824Science 532, 533.
98International Whaling Commission, Special Permit Catches since 1985 (2010) at
<http://iwcoffice.org/conservation/table_permit.htm> on 19 April 2011; T Bando et al., Cruise
Report of the Second Phase of the Japanese Whale Research Program under Special Permit in the
Western North Pacific (JARPN II) in 2009 (part I) – Offshore Component, SC/62/O4; G Yasunaga
et al., Cruise Report of the Second Phase of the Japanese Whale Research Program under Special
Permit in the Western North Pacific (JARPN II) in 2009 (Part II) – Coastal Component off
Sanriku, SC/62/O5; T Kishiro et al. Cruise Report of the Second Phase of the Japanese Whale
Research Program under Special Permit in the Western North Pacific (JARPN II) in 2009 (Part II)
– Coastal Component off Kushiro, SC/62/O6; S Nishiwaki et al., Cruise Report of the Japanese
Whale Research Program under Special Permit in the Antarctic – Second Phase (JARPA II) in
2009/2010, SC/62/O3; Japan Fisheries Agency, “Res ult of FY2010 JARPNII Coastal Whaling
Research Program (off Kushiro) ”, Press Release, 8 October 2010; Japan Fisheries Agency,
“Completion of FY2010 JARPNII Coastal Whaling Research Program (off Sanriku)”, Press
Release, 9 June 2010; Government of Japan, Japan Fisheries Agency, “Results of the 24th
Antarctic Ocean Cetacean Capture Survey (JARPA II) in FY2010”, Press Release, 21 March 2011,
at Ministry of Agriculture, Forestry and Fish eries website, <http://www.jfa.maff.go.jp/j/press
/enyou/110321.html> on 18April 2011. This figure does not include the number of whales killed
by Japan under the offshore component of JARPN II in 2010, which has not yet been formally
reported.
34“scientific” whaling proposals. By cont rast, Iceland, Japan a nd Norway have all
ignored calls by the IWC to halt or suspend their proposed whaling under
the
guise of “scientific research” in the pa st. During the period of the commercial
whaling moratorium these States s eamlessly exchanged commercial whaling
operations for purported special permit ope rations. This was business as usual
under the cloak of “science”.
2.68 Iceland and Norway are both currently whaling and are not seeking to rely
on special permits issued under Article VIII. As discussed above, Iceland is
whaling under its purported reservation to paragraph 10( e) of the Schedule, and
Norway under its objection to the moratorium lodged in 1982.
2.69 Each of these programs have, to a great er or lesser degree, been criticised
by the IWC. However, the programs instituted by Japan are set apart on two
specific grounds. First, Japan’s progr ams have involved the killing of
significantly greater numbers of whales than those of all the other nations
combined. This is clearly evidenced in Figure1 below. Figure 2 reveals the
proportion of special permit catches by Japan compared with all other nations
combined, both prior to and after the co mmercial whaling moratorium entered
into effect. Out of the total of 14,410 wh ales killed under special permit between
the introduction of the mo ratorium and the close of the 2010/11 season, 13,385
(93.5%) have been caught by Japan. 99 Of the whales killed under special permits
issued prior to the commercial whali ng moratorium, that is between 1954 and
1985/86, it has been estimated that Japan caught approximately 840 whales, or
100
40% of the worldwide scientific take.
99Ibid.; see also Chapter 3, Section II.B for information on the increase in scale of Japan’s whaling
programs.
100Resolution on JARPA II, Resolution 2005-1, Annex C, Chair’s Report of the Fifty-Seventh
Annual Meeting, Annual Report of the International Whaling Commission 2005 , 1
(“Resolution 2005-1”) [Annex 40].
352.70 Secondly,unlike other special permit whaling programs, the Japanese
programs have not nominated a limit on the number of whales necessary for the
purposes of achieving the purported rese arch objectives. Nor does JARPA II
101
specify an end date by which the research will be concluded.
101See Chapter 5, Section II, for a more detailed critique of JARPA II.
36 n
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I
A
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r
f
ay
A
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a
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based on data provided bythe IWC and as reported byJapan 2010/11.
s
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Prepared bythe Australian Government (Australian Antarctic Division), 2011,
ra
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8,000 6,000 4,000 2,000
Figure 1 - Special Permit Catches by Country, 1 14,000 12,000 10,000
Number of whales killed
37 JapaOnthers
Nation
* 0
*Data not yet available for JARPNII
based on data provided by the IWCand as reported by Japan 2010/11.
Prepared by the Australian Government (Australian Antarctic Division), 2011,
MMorMootootuoautortortuotuoautortortuotutautortortuotutautortortuoautautortortuoautoutortootuoautoutortootuoautortortuotuoautorm
Year
1948 1950 1952 1954 1956 1958 1960 1962 1964 1966 1968 1970 1972 1974 1976 1978 1980 1982 1984 1986 1988 1990 1992 1994 1996 1998 2000 2002 2004 2006 2008 201
0
900 800 700 600 500 400 300 200 100
Figure 21,3001,200 1,100t1,000hes, 1948 to 2010
Number of whales killed
38E. T HE DEVELOPMENT OF THE REVISED M ANAGEMENT P ROCEDURE (1986-1994)
2.71 At the same time as agreeing the commercial whaling moratorium – and
inherently related to that decision – the IWC resolved to use the time provided by
the moratorium to establish “its best es timate of population sizes together with a
102
suitable procedure to facilitate sustainable catch limits”.This was referred to
by the Commission as a “comprehensive assessment” and was incorporated into
the amendment to paragraph 10(e) of the Schedule to the ICRW as follows:
This provision [adopting the commercial whaling moratorium] will be kept under
review, based upon the best scientific advice, and by 1990 at the latest the
Commission will undertake a comprehensive assessment of the effects of this
decision on whale stocks and consider modification of this provision and the
establishment of other catch limits.
2.72 Although the amendment stated that the comprehensive assessment was to
be completed by “1990 at the latest”, a Special Meeting of the
ScientificCommittee decided in 1986 that the process for undertaking a
comprehensive assessment had evolved into a more in-depth evaluation of the
status of all whale stocks. The Committee agreed that the term
“ComprehensiveAssessment” (in upper cas e) would involve an iterative process
requiring work in three major interrelated areas: (i)to review and revise current
knowledge concerning methodology, stock identity and data availability; (ii) to
plan and conduct the collection of new da ta; and (iii) to ex amine alternative
management regimes. 103
2.73 The management procedure ultimately selected in this process was the
Revised Management Procedure (“RMP”). Consistent with the evolution of the
regime, the RMP is a very conservati ve management tool, which prefers
precaution over exploitation. The specific goals of the RMP are:
10Mangel, Expert Opinion, para. 3.20 [Appendix 2].
103
Report of the Special Meeting of the Scientific Committee on Planning for a Comprehensive
Assessment of Whale Stocks, Rep.int. Whal. Commn 37, 1987, 147.
39 (1) to achieve stable catch limits, thus allowing the orderly development and
regulation of the whaling industry;
(2) to manage acceptable risk and to ensure that a stock is not depleted to the
point where the risk of extinction is not negligible; and
(3) to ensure the highest possible continuing yield from each whale stock. 104
2.74 Unlike the NMP, the RMP is based on a simple model. A primary feature
of the RMP is the Catch Limit Algorithm (CLA). The CLA seeks to take into
account uncertainty in abundance estimat es and does not rely on biological
parameters that are difficult to estimate. In this way, the RMP overcomes the
difficulties faced by the NMP. In particular, it functions very well in the face of
uncertainty about the population dynamics of whale species , as well as variations
105
in environmental factors affecting those dynamics.
2.75 The RMP operates without attempting to emulate the dynamics of real
whale populations, by using a series of sophisticated models that calculate
sustainable catch limits using only minimal information. 106 heRMPi
deliberately designed to eliminate the n eed for data on bi ological parameters
obtained through whaling, which are often unreliable for management purposes. 107
104Mangel, Expert Opinion, para. 3.21 [Appendix 2].
105
Ibid., paras. 3.23-3.31 [Appendix 2].
106
The only required information for the calculation of catch limits under the RMP is the
abundance of whale stocks and records of past catches of those stocks: Mangel, Expert Opinion,
para. 3.25. Kirkwood, Chairman of the Sub-Committee developing the RMP, stated in 1992:
“Asatisfactory revised management procedure must be able to meet the Commission’s
management objectives, and it must do so regardless of existing and continued uncertainties in the
basic data, stock identity and dynamics of whale populations. We are seeking a management
procedure that is robust to these uncertainties”: G Kirkwood, “Background to the Development of
Revised Management Procedures”, Annex I, Report of the Scientific CommitteRep. int. Whal.
Commn 42, 237.
107Mangel, Expert Opinion, para. 3.26 [Appendix 2].
402.76 In 1994, the Commission adopted a Re solution which accepted the RMP,
together with the annotation: “[This] comp letes the main scientific component in
the development of a [Revised Manage ment Scheme] for commercial baleen
108
whaling”. Inadopting this 1994 Resolution, the Commission agreed that the
RMP “should not be modified, reconfi gured or adjusted unless expressly
instructed by the Commission”. 109
2.77 The RMP is only one aspect of the Revised Management Scheme
(“RMS”) which will include other impor tant rules for the conservation and
management of whales. The Commission has, however, been unable to finalise
other aspects of the RMS, including a n ecessary inspection and observer scheme.
As a result, while the RMP has been accepted by the Commission as the
appropriate vehicle for determining any future catch limits, the Commission has
not yet amended the Schedule to the ICRW to adopt the RMP.
2.78 Nevertheless, the RMP continues to be recognised by the Commission as
the applicable management tool in relati on to whales. In 20 07, an inter-sessional
IWC workshop reviewing the final results of JARPA stated that:
[i]f catch limits were to be set at some time in the future, the present approach the
Scientific Committee has agreed to use for providing advice to the Commission on
commercial whaling catch limits is that specified by the RMP.
108
The technical specification of the RMP is given in: The Revised Management Procedure (RMP)
for Baleen Whales, AnnexH, Repo rt of the Scientific Committee, Rep. int. Whal. Commn 44,
1994, 145-152; A Programme to Implement the Catch Limit Algorithm, Annex I, Report of the
Scientific Committee, Rep. int. Whal. Commn 44, 1994, 153-167, with annotations as amended by
Revisions to Annotations to the Revised Management Procedure (RMP) for Baleen Whales,
Annex N, Report of the Scientific Committee,Rep. int. Whal. Commn 45, 1995, 214.
109
Resolution on the Revised Management Scheme, Resolution 1994-5, Appendix 5, Chairman’s
Report of the Forty-Sixth Annual Meeting,Rep. int. Whal. Commn 45, 1995, 43-44.
110Report of the Intersessional Workshop to Review Data and Results from Special Permit
Research on Minke Whales in the Antarctic, Tokyo, 4-8 December 2006, J. Cetacean Res. Manage
10 (Suppl.), 2008, 411, (“IWC Final Review of JARPA”) 433.
41F. S OUTHERN O CEAN S ANCTUARY (1994)
2.79 The designation of whale sanctuaries by the IWC is expressly provided for
in Article V(1), of the ICRW which states, inter alia, that:
The Commission may amend from time to time the provisions of the Schedule by
adopting regulations with respect to the conservation and utilization of whale
resources, fixing...open and closed waters, including the designation of sanctuary
areas.11
2.80 The Commission noted in 2002 that “the establishment of Sanctuaries for
conservation purposes represents an integral part of best management practices for
112
wildlife in general”. Theestablishment of sanctuaries reflects also the
increasing importance of the precautionary approach in the IWC’s management
113
and conservation of whales.
(1) Development and adoption of the Southern Ocean Sanctuary
2.81 In 1990, the IUCN passed a Resolution at its Eighteenth General
Assembly, which called upon the IWC to c ontinue to support the Indian Ocean
Sanctuary which had been adopted in 1979 and further, to “consider the creation
of other sanctuaries within a comprehe nsive system for the conservation of
whales”. 114
2.82 Consistent with the IUCN Resoluti on, Contracting Governments decided
to strengthen further the ICRW regime for the conservation of whales by adopting
111
The first international efforts to facilitate the creation of whal e sanctuaries may be traced back
to the 1937 Agreement. In 1938, a Protocol to that agreement created a sanctuary in the Antarctic:
the 1938 Protocol, Article 2 [Annex 4].
112Guidance to the Scientific Committee on the Sanctuary Review Process, Annex F,
Resolution 2002-1, Annual Report of the International Whaling Commission 2002, 89.
113
Ibid.
114
Resolution onthetacean Conservation and the International Whaling Commission Moratorium,
GA Res 18.34, 18 Session, Perth, Australia, 28 November – 5 December 1990, 32.
42a sanctuary in respect of the Southern Ocean breeding grounds. France presented
a proposal in support of the IUCN Resolution at the Forty-Fourth Annual Meeting
of the Commission in 1992 which designated all the waters of the
SouthernHemisphere south of 40°S as a whale sanctuary. The proposal focused
on two objectives: (i) to protect all whal e species of the Southern Hemisphere
from commercial whaling on their f eeding grounds, thus supplementing the
protection afforded by the Indian Ocean Sanctuary to whales on their breeding
grounds; and (ii) to supplement the management measures envisaged as part of the
RMS with zones where whales would be completely protected.
2.83 Following debates in 1992 115 and 1993, 116 the Commission adopted the
Southern Ocean Sanctuary in 1994, by 23 votes to one with six abstentions. 117
The boundary of the Sanctuary was set at 60°S in the Southeast Pacific and far
Southwest Atlantic sectors. In the Indian Ocean sector, the amended proposal had
a boundary at 55°S, thereby adjacent to but not overlapping with the Indian Ocean
Sanctuary. The boundary was set at 40°S in the central and eastern South Atlantic
and the western South Pacifi c. Japan was the sole C ontracting Government to
118
vote against the adoption of the Southern Ocean Sanctuary.
115Chairman’s Report of the Fi fty-Fourth Annual Meeting, Rep. int. Whal. Commn 43, 1993,
26-27.
116Chairman’s Report of the Fifty-Fifth Annual Meeting, Rep. int. Whal. Commn 44, 1994, 20-21;
Resolution on a Sanctuary in the Southern Ocean, Appendix 6, Chairman’s Report of the
Forty-Fifth Annual Meeting, Rep. int. Whal. Commn 44, 1994, 32.
117Chairman’s Report of the Forty-Sixth Annual Meeting, Rep. int. Whal. Commn 45, 1995, 28.
118Chairman’s Report of the Forty-Sixth Annual Meeting, Rep. int. Whal. Commn 45, 1995, 28.
43 10°N0° 10°S 20°S 30°S 40°S 50°S 60°S 70°S 80°S
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442.84 The Southern Ocean Sanctuary was de signated in paragraph 7(b) of the
Schedule:
In accordance with Article V(1)(c) of the Convention, commercial whaling...is
prohibited in a region designated as th e Southern Ocean Sanctuary... This
prohibition applies irrespective of the conservation status of baleen and toothed
whale stocks in this Sanctuary, as may from time to time be determined by the
Commission. However, this prohibition sha ll119 reviewed ten years after its initial
adoption and at succeeding ten year intervals[.]
2.85 In accordance with Article V(3) of the ICRW, the Southern Ocean
Sanctuary entered into force on 6 December 1994.
2.86 Japan filed an objection to the application of paragraph7(b), and thus to
the Southern Ocean Sanctuary, on 12 A ugust 1994, within the prescribed 90-day
period. That objection was “to the prohibition of commercial whaling in the
Southern Ocean Sanctuary to th e Antarctic Minke whale stocks”. 120
That objection by Japan remains in effect.
2.87 In response to a request for clarific ation from the United Kingdom as to
121
the scope of Japan’s objection, Japan confirmed that:
The objection is presented to new sub-paragraph7(b), to the extent that this sub-
paragraph applies to the Antarctic Minke whales stocks and [Japan] does not dispute
that this sub-paragraph will apply to any stock of other species of baleen and toothed
whales within the prescribed area.
Therefore, paragraph 7(b) applies to Ja pan to prohibit the commercial whaling of
all baleen and toothed whales in th e Southern Ocean Sanctuary, with the
exception of minke whales.
119
Ibid., 28; Chairman’s Report of the Forty-Sixth Annual Meeting, Appendix 21, Amendments to
the Schedule, Rep. int. Whal. Commn 45, 1995, 52.
120IWC Circular Communication RG/VJH/25435, “Japanese Objection to Southern Ocean
Sanctuary”, 15 August 1994, enclosing Note from the Embassy of Japan to the Secretary of the
International Whaling Commission, 12 August 1994 [Annex 55].
121IWC Circular Communication RG/VJH/25479, “Objection by Japan to new Schedule
sub-paragraph 7(b)”, 12 September 1994 with enclosure [Annex 56].
122Ibid.
452.88 In 1998, in response to a request from the Scientific Committee for
clarification of the scient ific objectives of the S outhern Ocean Sanctuary,
123
Australia introduced a Resolution setting out agreed objectives for the
Sanctuary and promoting increased scien tific research and cooperation in the
Sanctuary. Adopted by the Commission as Resolution 1998-3 on the Southern
124
Ocean Sanctuary, the Resolution affirmed that the agreed objectives of the
Sanctuary are to provide for:
(1) recovery of whale stocks, includ ing research and monitoring of
depleted stocks;
(2) the continuation of the Comprehensive Assessment of the effects on
whale stocks of zero catch limits; and
(3) the undertaking of research on the effects of environmental change
on whale stocks.
(2) Japanese challenges to the Southern Ocean Sanctuary
2.89 Japan presented legal opinions to the Commission seeking to challenge the
legality of the designation of the S outhern Ocean Sanctuary by the IWC in
125 126 127 128
1995, 1996, 1997 and 1998. In particular, these opinions contended that
123Also on behalf of Austria, Brazil, France, Germany, India, Italy, Monaco, the Netherlands,
NewZealand, Oman, South Af rica, Spain, Switzerland, th e United Kingdom and the
United States.
124
Resolution on the Southern Ocean Sanctuary, Resolution 1998-3, Appendix 4, Chairman’s
Report of the Fiftieth Annual Meeting, Annual Report of the International Whaling Commission
1998, 42-43. The Resolution was adopted noting Japan’s opposition: Chairman’s Report of the
Fiftieth Annual Meeting, Annual Report of the International Whaling Commission 1998, 28.
125
Chairman’s Report of the Forty-Seventh Annual Meeting, Rep. int. Whal. Commn 46, 1996, 28.
126
Chairman’s Report of the Forty-Eighth Annual Meeting, Rep. int. Whal. Commn 47, 1997, 36.
127Chairman’s Report of the Forty-Ninth Annual Meeting,Rep. int. Whal. Commn 28, 1998, 36.
128
Chairman’s Report of the Fiftieth Annual Meeting, Annual Report of the International Whaling
Commission 1998, 27-28.
46the Commission exceeded its authority unde r the Convention and did not comply
129
with Article V(2) of the ICRW. Numerous Contracting Governments in the
Commission responded that the establishm ent of the Sanctuary was perfectly
valid, noting that Japan (the only Contracting Governme nt to vote against the
Sanctuary proposal in 1994) ha d exercised its right to obje ct with respect to only
one of the species affected (minke whales) and on no other aspect of the
Sanctuary. By lodging that limited objection, Japan must be taken to have
accepted the validity of the establishment of the Sanctuary. The Commission did
not find it necessary to take any action in regard to these challenges, thereby
implicitly rejecting Japan’s contentions.
2.90 As noted by a number of delega tions, the Commission itself had
determined that the criteria in Articl eV(2) had been met and reached a binding
decision. Accordingly, the appropriate co urse for revision would be to propose a
Schedule amendment. 130 Thisconclusion was also supported by a legal opinion
from Professor Patricia Birnie, tendered by the United Kingdom delegation, which
concluded that the Commission’s decision on the Sanctuary “taken through the
normal voting procedures laid down in Arti cle V is determinative, and must be
regarded as having taken account of all the relevant factors, guidelines and its own
relevant practice in this field”.131
129
Including the United Kingdom, France, the Neth erlands, the United States, Brazil, Spain,
New Zealand and Australia.
130See Chairman’s Report of the Forty-Seventh Annual Meeting, Rep. int. Whal. Commn 46,
1996, 29; Chairman’s Report of the Forty-Eighth Annual Meeting, Rep. int. Whal. Commn 47,
1997, 36-37; Chairman’s Report of the Fiftieth Annual Meeting, Annual Report of the
International Whaling Commission 1998, 27.
131Chairman’s Report of the Forty-Seventh Annual Meeting, Rep. int. Whal. Commn 46, 1996, 28;
P Birnie, “Opinion on the Legality of the Southe rn Ocean Sanctuary by the International Whaling
Commission” [Annex 155].
472.91 In 1999, Japan proposed a Schedule amendment to paragraph 7(b), which
purported to exclude minke whales from the operation of the Southern Ocean
132
Sanctuary. This was not adopted by the Commission.
2.92 In 2000, 133 2001 134and 2002, 135 Japan submitted a further proposed
amendment which sought to delete the thir d sentence of paragraph 7(b) (that is,
“[t]his prohibition applies ir respective of the conserva tion status of baleen and
toothed whale stocks in this Sanctuary, as may from time to time be determined
by the Commission”) and to insert a new sub-paragraph (c) as follows:
The prohibition in sub-paragraph (b) above shall be applied on the advice of the
Scientific Committee in accordance with Article V(2) of the Convention.
The proposal was withdrawn by Japan in 2000 in view of the majority against
it,36 and defeated when put to a vote in the Commission in 2001 137 and 2002. 138
132The Resolution was defeated with 9 votes in favour, 22 against and one abstention: Chairman’s
Report of the Fifty-First Annual Meeting,Annual Report of the International Whaling Commission
1999, 10.
133Chairman’s Report of the Fifty-Second Annual Meeting, Annual Report of the International
Whaling Commission 2000, 14.
134
Chair’s Report of the Fifty-Third Annual Meeting, Annual Report of the International Whaling
Commission 2001, 17.
135Chair’s Report of the Fifty-Fourth Annual Meeting, Annual Report of the International
Whaling Commission 2002, 35.
136Contracting Governments which expressed their opposition to the proposal included the
United States, Denmark, the Netherlands, Australia, New Zealand, the United Kingdom, Germany,
Finland, Monaco, Italy, Sweden, Australia, France, Spain, Oman, India, Switzerland, Ireland and
Chile: Chairman’s Report of the Fifty-Second Annual Meeting, Annual Report of the International
Whaling Commission 2000, 14.
137
In 2001, the proposed amendment was defeated with 13 votes in favour, 23 against and one
abstention: Chair’s Report of the Fifty-Third Annual Meeting, Annual Report of the International
Whaling Commission 2001, 17.
138In 2002, the proposed amendment was defeated with 17 votes in support, 25 against and two
abstentions. In relation to the strong opposition to the Japanese proposals, see Chair’s Report of
the Fifty-Fourth Annual Meeting, Annual Report of the International Whaling Commission 2002 ,
35.
48In 2003, a proposal with a similarly word ed amendment was also voted down in
the Commission. 139
140 141 142 143
2.93 In 2002, 2004, 2005 and 2006, Japan also submitted a further
proposed Schedule amendment which sought the deletion of paragraph 7(b), with
the effect of abolishing the Southern O cean Sanctuary. These proposals were all
rejected by the Commission, and the Southe rn Ocean Sanctuary remains in place
and binding upon Japan except to the exte nt of its application to commercial
whaling of minke whales.
G. T HE B ERLIN INITIATIVE AND THE C ONSERVATION C OMMITTEE (2003)
2.94 Since 1976, the Commission has adopted in excess of 130
conservation-oriented Resolutions. The adoption of the Berlin Initiative by the
IWC in 2003 (“Resolution 2003-1”) 144 represents a particularly critical step in the
strengthening of the IWC’s conservation agenda. The preamble to the Berlin
Initiative notes that, since 1978, the IWC has devoted an overwhelming part of its
139
Chair’s Report of the Fifty-Fifth Annual Meeting, Annual Report of the International Whaling
Commission 2003, 24.
140The proposal was defeated with 16 votes in favour, with 25 against and three abstentions:
Chair’s Report of the Fifty-Fourth Annual Meeting, Annual Report of the International Whaling
Commission 2002, 28-30.
141This proposal was defeated with 19 votes in favour, 30 against and two abstentions: Chair’s
Report of the Fifty-Sixth Annual Meeting, Annual Report of the International Whaling
Commission 2004, 46-47.
142
This proposal was defeated with 25 votes in favour, 30 against and two abstentions: Chair’s
Report of the Fifty-Seventh Annual Meeting, Annual Report of the International Whaling
Commission 2005, 45-46.
143This proposal was defeated with 28 votes in favour, 33 against and four abstentions: Chair’s
Report of the Fifty-Eighth Annual Meeting, Annual Report of the International Whaling
Commission 2006, 36-37.
144
The Resolution was adopted by 25 votes in favour with 20 against: Chair’s Report of the
Fifty-Third Annual Meeting,Annual Report of the International Whaling Commission 2003, 10.
49work to the pursuit of its conservation objective of safeguarding for future
generations the great natura l resources represented by the whale stocks. As a
result, the Commission noted that it had developed into a:
...broad-based conservation organization whose focus now extends beyond the mere
regulation of whaling, to address the multitude of threats that cetaceans face and will
be facing to an increasing degree.
This broader focus is consistent with the original aims, purpose and mandate of the
ICRW. To remain effective in a changing world, the IWC must continue to extend
and update the scope of its activities, in order to address the most important and
145
current conservation problems facing whales today and in the future.
2.95 This development of a more conser vation-oriented regulatory model has
been mirrored by a similar transformation in the broader policy and practice of the
IWC as an institution. As noted by the Commission in Resolution 2003-1:
[T]hrough the adoption of more than a hundred conservation-orientated resolutions,
as well as through various Schedule amendments, the Commission has evolved into
an organization internationally recognized, among other things, for its meaningful
contributions to the conservation of great whales…6
2.96 In recognition of the increase in diversity of the threats facing cetaceans in
st
the 21 century, the Berlin Initiative also provided for the establishment of the
Conservation Committee. This new sta nding committee of the IWC was tasked
with preparing and recommending to th e Commission a conservation agenda.
Itwas directed also to explore means of coordinating that conservation agenda
through greater collaboration with other organisations. At its inaugural meeting in
July 2004, its members by consensus noted that “all members of the IWC should
be and were committed to conservation,” an d that conservation of whales stocks
145
The Berlin Initiative on Strengthening the Conservation Agenda of the International Whaling
Commission, Resolution 2003-1, Annex C, Chair’s Report of the Fifty-Fifth Annual Meeting,
Annual Report of the International Whaling Commission 2003, (“Berlin Initiative”), Annex II
“IWC Conservation Work”, 58 [Annex 37].
146
Ibid., preamble. See also Annex I, “Compiled List of IWC Conservation-Oriented Resolutions,
1976-2001”, including, for example, Resolution on Envi ronmental Change and Cetaceans,
Resolution 1996-8, Appendix 8, Chairman’s Report of the Forty-Eighth Annual Meeting, Rep. int.
Whal. Commn 47, 1997, 52; Resolution on Environm ental Change and Cetaceans, Resolution
2000-7, Appendix 1, Chairman’s Report of the Fifty-Second Annual Meeting, Annual Report of
the International Whaling Commission 2000, 6.
50 147
remains in the common interest of all the members of the IWC. Japan is not a
member of the Conservation Committee and contests its establishment. Japan
believes that the Committee’s objectives are contrary to what it considers to be the
dual objectives of the ICRW, both the c onservation and management of whale
resources, and has reserved the right not to participate in the work of the
148
Committee or to contribute financially. This view is not shared by the majority
of members of the IWC and the Cons ervation Committee remains an active
committee of the IWC.
2.97 The Berlin Initiative also evidences a continuing shift in the IWC’s focus
to non-consumptive uses of cetaceans, such as whale-watching. 149 e
development of this can be traced back to the early 1980s. 150 It continued to
develop throughout the 1990s, as the whale- watching industry grew and a clear
economic alternative to the lethal utilisation of whales evolved. 151 TheBerlin
Initiative noted that a transition has occurred “from whaling to whale-watching as
the prevalent form of economic utilization of whales”. It concluded that, in view
of the fact that 87 countries are engage d in whale watching operations (a number
far greater than were ever involved in whaling activities) the priorities of the IWC
must shift.
147
Report of the Conservation Committee, Annex H, Chair’s Report of the Fifty-Sixth Annual
Meeting, Annual Report of the International Whaling Commission 2004, 1-2.
148Chair’s Report of the Fifty-Fifth Annual Meeting, Annual Report of the International Whaling
Commission 2003, 10.
149Resolutions listed in “Compiled List of IWC Conservation-Oriented Resolutions, 1976-2001”,
Annex I of the Berlin Initiative [Annex 37].
150
Chairman’s Report of the Thirty-Fifth Annual Meeting, Rep. int. Whal. Commn 34, 1984, 26.
151
See, for example, Chairman’s Report of the Forty-Fifth Annual Meeting, Rep. int. Whal.
Commn 44, 1994, 23-24; Chairman’s Report of the Forty-Sixth Annual Meeting, Rep. int. Whal.
Commn 45, 1995, 32-33; Chairman’s Report of the Forty-Ninth Annual Meeting, Rep. int. Whal.
Commn 48, 1998, 19; Chairman’s Report of the Fiftieth Annual Meeting, Annual Report of the
International Whaling Commission 1998, 5.
51C ONCLUSION
2.98 At the time of the conclusion of th e Convention, the ICRW’s objective –
the conservation and recovery of all wh ale stocks – was seen as a means to
achieve the orderly development of the wh aling industry. However, the past few
decades, in particular since the fundamental turning point marked by the
Stockholm Conference in 1972, have w itnessed an incr eased emphasis on
conservation per se in the practice of the IWC. Beginning with the adoption of
the NMP in 1974, the IWC has adopted a number of Schedule amendments which
reflect the increasing pursuit of conservation objectives by the Commission.
Thedevelopment of this conservation focus in the practice of the IWC is also
evidenced by the numerous conservation- orientated Resolutions adopted by the
Commission.
2.99 The IWC now pursues conservation of whales as an end itself. In so
doing, it places greater reliance on a precau tionary approach to conservation and
management combined with a focus on non-consumptive use.
52 SECTION III. T HE D IFFERENT T YPES OF W HALING :
A C OMPREHENSIVE R EGIME
2.100 The intention of the drafters of the ICRW to address comprehensively all
possible types of whaling operations is indicated by Article I(2) which provides:
This Convention applies to factory ships, land stations and whale catchers under the
jurisdiction of the Contracting Governments and to all waters in which whaling is
prosecuted by such factory ships, land stations, and whale catchers.
2.101 The ICRW defines the terms “factory ships”, “land stations” and “whale
catchers” broadly,52so as to cover all ofthe means by which whaling can be
conducted anywhere in the world. Were the regime established under the ICRW
not to be comprehensive it would be incapable of giving effect to the objective of
the ICRW, of “safeguarding for future generations the great natural resources
153
represented by the whale stocks”.
2.102 In line with this intention, the regime established by the ICRW does in fact
regulate comprehensively all types of whaling. In so doing, that regime
contemplates only three categories of whaling: (i)commercial whaling; 154
(ii)aboriginal subsistence whaling;155and (iii) scientific research whaling
conducted under special permit.56
2.103 The exclusivity of these three categories of whaling – commercial,
aboriginal and scientific – and therefore the comprehensive nature of the regime
provided for by the ICRW, is evidenced through the IWC’s rejection of proposals
to introduce any other category of whaling into the regime. For example, after the
introduction of the commercial whaling moratorium, Japan made a number of
15ICRW, Article II.
153
Ibid., preamble.
154
Schedule, paras. 7(b), 10(a), (b), (c) and (e).
15Schedule, para. 13.
15ICRW, Article VIII.
53attempts to introduce a further category of whaling to the regime, usually referred
157
to as “small-type coastal whaling”. This category has been rejected
consistently by the IWC. It was stated repeatedly in the IWC that the three
categories of whaling recogni sed by the ICRW were the only forms of whaling
provided for under the regime of international regulation. As an example, the
IWC’s rejection of other forms of whaling is clearly evidenced in the Report of
the Technical Committee Working Group on Socio-Economic Implications and
Small-type Whaling:
Japan has repeatedly asked the Commission for an emergency quota to alleviate
distress in these [small-type whaling] communities. This request has been rejected
by the majority of the Commission members as they regard the small-type whaling
as commercial, although there are signs of growing sympathy and understanding.
2.104 Of the three categories, “commercial whaling”, or whaling for
“commercial purposes”, now constitutes the focus of the regulatory scheme.
Theother two categories – which are in th e nature of exceptions – are strictly
limited and narrowly defined in scope.
A. C OMMERCIAL WHALING
2.105 The term “commercial” was introduced into the Schedule in 1974 with the
159
commencement of the NMP. Importantly, however, the introduction of this
term was not intended to narrow or qualify the scope of “whaling” under the terms
157See, for example, Report of the Technical Committee Working Group on Socio-Economic
Implications and Small-type Coastal Whaling, 26 May 1991, IWC/43/16, 6 [Annex 50];
Government of Japan, “A Critical Evaluation of the Relationship between Cash Economies and
Subsistence Activities”, 1992, IWC/44/SEST5 [Annex 103].
158
Report of the Technical Committee Working Group on Socio-Economic Implications and
Small-type Whaling, 29 June 1992, IWC/44/16, 2. See also Chairman’s Report of the
Forty-Fourth Annual Meeting,Rep. int. Whal. Commn 43, 1993, 16.
159Chairman’s Report of the Twenty-SixthAnnual Meeting, Rep. int. Whal. Commn 26, 1976, 26.
54of the Convention or Schedule. Rather , the term “commercial whaling” was
intended to be synonymous with “whaling” as found in the Convention.
B. T HE EXCEPTIONS
2.106 The concept of a limited and narrow ly defined category of aboriginal
160
subsistence whaling was reflected in the 1931 Convention and was adopted in
the Schedule to the ICRW in 1946. It is currently found in paragraph 13 of the
Schedule. Various restrictions on this category of whaling ha ve been developed
over time. Specifically, any whales killed under these provisions must be taken
by or on behalf of the relevant aborig inal population and the meat and other
products must be used exclus ively for local consumption. 161 Currently, the
Schedule to the ICRW includes aboriginal subsistence whaling quotas only for the
taking of:
162
(1) bowhead whales from the Bering-Chukchi-Beaufort Seas stock;
163
(2) gray whales from the Eastern stock in the North Pacific;
(3) minke whales from the West Greenland and Central stocks; 164
165
(4) fin and bowhead whales from the West Greenland stock; and
166
(5) humpback whales by the Bequians of St Vincent and Grenadines.
160
The 1931 Convention, Article 3.
161
Schedule, para. 13(b).
162
Ibid., para. 13(b)(1).
163
Ibid., para. 13(b)(2).
164
Ibid., para. 13(b)(3).
165Ibid., para. 13(b)(3).
166Ibid., para. 13(b)(4).
552.107 Previous requests for aboriginal su bsistence whaling quotas have been
made by Japan, but these requests consiste ntly have been refused by the IWC,
reflecting its narrow interpretation of the category.167
2.108 Whaling under special permit for purposes of scientific research is another
limited category of whaling, though it is couched in the form of a limited
exception in Article VIII of the ICRW. Under this provision, special permits have
been issued by a number of Contrac ting Governments since 1951, permitting the
168
killing of whales for a range of purported scientific reasons. Whaling under
Article VIII will be further discussed in Chapter 4 of this Memorial.
C ONCLUSIONS
2.109 This Section has shown that the comprehensive regime established under
the ICRW now contemplates three form s of whaling. All whaling operations
conducted by Contracting Governments to the Convention must be caught by one
of these categories. Of these three cat egories, the primary form of whaling
envisaged under the ICRW is commercial whaling. The other two forms are
strictly limited and narrowly defined in scope.
2.110 If a whaling operation does not fall to be characterised as either aboriginal
subsistence whaling, which is subject to strict and express limitation, or whaling
for purposes of scientific research, which is a limited exception within the broader
regime, it follows that it must be ch aracterised as comm ercial whaling.
Asoutlined in Section II, a commercial whaling operation is subject to the
limitations introduced on this form of whaling in the recent decades, including the
commercial whaling moratorium.
167
See, for instance, Chairman’s Reporof the Forty-First Annual Meeting,Rep. int. Whal.
Commn 40, 1990, 27.
168
See Section II.D of this Chapter for more detail on special permit programs.
56 S ECTION IV. T HE S TATE OF THE P OPULATIONS
2.111 As has been shown by the preceding Sections, the framework established
by the ICRW was intended to regulate comprehensively all types of whaling in an
effort to conserve and manage whale stocks for the future. The 20thcentury saw
significant over-exploitation of whale stocksin the world’s oceans. A direct
correlation can be seen between the increasing awareness of the parlous state of
the world’s whale populations and increa singly restrictive regulation outlined
above.
2.112 This Section will outline the effect of that over-exploitation on relevant
stocks of whales and the current st ate of those populations, drawing on the
detailed analysis in Antarctic Baleen Whale Populations which is Appendix 1 to
this Memorial.
2.113 The term “whale” generally refers to members of the mammalian order
Cetacea (which comprises whales, dolphins and porpoises). Cetacea are divided
into two suborders, based on their feed ing apparatus: the baleen whales
(Mysteceti) and toothed whales ( Odontoceti). Baleen whales use baleen plates in
the mouth to filter their food from seawater, while toothed whales all possess
teeth.69
2.114 Japan’s “research” program of whaling in the Antarctic which is the
subject of these proceedings, JARPA II, involves the taking of three species of
baleen whale: Antarctic minke whales ( Balaenoptera bonaerensis), fin whales
(Balaenoptera physalus) and humpack whales ( Megaptera noveangliae ).
Adetailed assessment of the relevant populations of these sp ecies reveals that
once significant populations of whales in the Southern Hemisphere have been
16Schedule, para. 1; J Bannister, Great Whales (CSIRO Publishing, 2008), 1.
57 170
decimated through decades of over-exploitation. It also establishes profound
uncertainty in relation to the possible r ecovery of a number of these populations
and sub-populations. 171
Figure 4 - Total annual commercial catch of selected Southern Hemisphere whale species
Pygmy Blue
Blue
Fin
Minke
Sei
Humpback Blue
Finmy Blue
Humpback
Number of Whales Sei
Minke
0 10000 20000 30000 40000 50000
1900 1920 1940 1960 1980
Year
Data from IWC Summary Catch Database, v 5.0
A. A NTARCTIC MINKE WHALES
2.115 The Antarctic minke whale was officially recognised as a separate species
172
by the IWC in 1999. No generally accepted es timate of pre-exploitation
abundance (i.e. before any whaling co mmenced) exists for Antarctic minke
whales. However, estimates presented to the Scientific Committee in the early
170 Figure 4 – Total annual commercial catch of selected Southern Hemisphere whale species,
shows the scale of whaling conducted over the course of the 20 century. th
171
de la Mare et al., Antarctic Baleen Whale Populations[Appendix 1].
172Ibid., para. 6.1.
581970s suggested a circumpolar abundance estimate in the range of 150,000 to
173 174
200,000. A revised estimate of 299,000 was presented in 1974.
2.116 The Scientific Committee last endorsed a circumpolar minke whale
abundance estimate in 1993. This estimate of 761,000 animals was derived using
data obtained from the Inte rnational Decade for Cetacean Research and Southern
Ocean Whale and Ecosystem Research programs (IDCR/SOWER) surveys
conducted under the auspices of the IWC. Since that time updated estimates (also
derived from data obtained from the three IDCR/SOWER circumpolar surveys)
have been presented to the Scientific Committee using three different methods:
the “standard” method; the “SPLINTR” method; and the “OK” method. 175 These
methods have yielded vastly contradict ory results, providing current abundance
estimates for Antarctic minke whales ranging from 338,000 to 1,486,000. 176 The
reasons for these significant differences ar e, as yet, undetermined. However, all
these methods demonstrate a significant decline in circumpolar minke whale
abundance south of 60°S between 1985 and 2004. 177
2.117 The circumpolar population of Antarcti c minke whales is currently listed
as Data Deficient by the IUCN. Despite this uncertainty, Antarctic minke whales
are listed under Appendix I of CITES, which includes “all species threatened with
extinction which are or may be affected by trade.”
173Ibid., para. 6.12 [Appendix 1].
174Ibid.
175Ibid., paras. 6.14, 6.17 [Appendix 1].
176Ibid., para. 6.18 [Appendix 1].
177
Ibid., para. 6.18 [Appendix 1].
59B. F IN WHALES
2.118 There is currently no pre-exploitatio n abundance estimate for fin whales
that has been endorsed by the Scientific Committee, although numbers between
178
235,000 and 325,000 have been suggested. According to the IWC,
approximately 725,000 fin whales were killed in the Southern Hemisphere
179
between 1903 and 2010.
2.119 The most current estimates of circum polar (and south of 60°S) fin whale
abundance accepted by the Scientific Committee range from 5,455 to 8,036.
These estimates were derived from the third circumpolar survey of
IDCR/SOWER, which occurred between 1991/92 and 2003/04. 180
2.120 Very little is known about the stock structure of fin whales in the
181
Southern Hemisphere. They are listed as Enda ngered by the IUCN, and are
also listed under Appendix I of CITES.
C. H UMPBACK WHALES
2.121 There is no agreed pre-exploitation abundance estimate for humpback
whales. Between 1904 and 1973 approximately 220,000 humpback whales were
taken from Antarctic stocks. Humpback whale stocks were significantly damaged
as a result of this over-exploitation, in particular by the illegal and unreported take
of 48,702 humpback whales by the USSR between 1947 and 1972. 182
178Ibid., para. 4.12 [Appendix 1].
179Ibid., para. 4.7 [Appendix 1].
180Ibid., para. 4.11 [Appendix 1].
181
Ibid., para. 4.10 [Appendix 1].
182
de la Mare et al., Antarctic Baleen Whale Populations, paras. 5.11-5.12 [Appendix 1].
602.122 The Scientific Committee currently recognises eight distinct Southern
Hemisphere humpback whale breeding stocks. Three of these stocks are linked to
183
feeding grounds potentia lly exploited by JARPA II. Uncertainties exist as to
the amount of mixing between the eight Southern Hemisphere humpback stocks
(in terms of breeding) and, at the population level, physical mixing on the feeding
grounds. This makes the assignment of hi storical catches of humpback stocks
184
difficult. However, in relation to those stocks potentially exploited by
JARPAII, it is generally accepted that the populations have been reduced to a
185
fraction of their pre-exploitation levels.
2.123 It is believed that the current to tal population of Southern Hemisphere
humpback whales is in the order of 50,000 with a rate of increase of 9.6%
per year. However, concern remains for certain small subpopulations where little
186
information is known and recovery has been slow. The Pacific Ocean
sub-stocks (which are potentially target ed by JARPA II), in particular, are
vulnerable to depletion. Two such breeding stocks are listed as Endangered by
187
the IUCN. Humpback whales are also listed under Appendix I to CITES.
183
Ibid., para. 5.16 [Appendix 1].
184
Ibid., para. 5.24 [Appendix 1].
185Ibid., para. 5.21 [Appendix 1].
186Ibid., para. 5.19 [Appendix 1].
187Ibid., para. 5.26 [Appendix 1].
61 S ECTION V. C ONCLUSIONS
2.124 In 1946, the international community established the ICRW in recognition
of the fact that continued viabilityof the whaling industry depended upon the
conservation of the world’s whale stocks . The framework established under the
ICRW provided for the evolutionary deve lopment of management tools through
the incorporation of a Schedule of regulat ions. That Schedule evolved over the
20thcentury as the IWC responded to ch anging needs in the conservation and
management of whales. That evolution reveals an ever-tightening system of
regulation with the eventual introducti on of a commercial whaling moratorium,
responding to an increased in ternational consciousness of the vulnerability of the
natural environment.
2.125 As a consequence, the international legal regime for the regulation of
whaling has evolved from a system primarily designed to manage the exploitation
of a natural resource to an increasingly conservation-oriented regime.
2.126 The regime divides whaling into thr ee categories: aboriginal subsistence
whaling, whaling under special permit a nd commercial whaling. These are the
only authorised forms of whaling under the ICRW. Of these three categories,
theprimary form of whaling envisaged under the ICRW is commercial whaling.
The other two forms are strictly limited and narrowly defined in scope.
2.127 It is against this background of a comprehensive regime for the regulation
of whaling – which exists within an increasingly conservation-oriented context –
that the legality of Japan’s so-called“scientific” whaling programs falls to be
determined.
62CHAPTER 3 - JAPAN’S “SCIENTIFIC” WHALING IN
THE SOUTHERN OCEAN
3.1 In this Chapter, Australia sets out the facts of this dispute. Section I
describes how, in January 1988, Japan co mmenced so-called “scientific” whaling
in the Southern Ocean as a means to continue whaling and to protect its whaling
industry after it accepted the commercial whaling moratorium. Section II
describes the key participants in Japan’ s whaling industry, the conduct of Japan’s
whaling in the Southern Ocean and the production, distribution and sale of whale
products. Section III describes the “s cientific” whaling business model, under
which revenue from the sale of whale meat funds ongoing whaling operations and
benefits key stakeholders and sets out how these economic interests affect the
conduct of Japan’s “research”.
3.2 This Chapter refers to evidence in cluding documents submitted by Japan
to the IWC, and in particular its spec ial permits, “research” proposals and annual
cruise reports detailing the conduct of JARPA and JA RPA II; public statements
and correspondence by Japanese Ministers and officials, including in the Japanese
Diet; and books, journal articles and newspaper articles.
3.3 The evidence establishes that Japan commenced and continues “scientific”
whaling not to address important scientific questions using proper scientific
methods, but to enable Japan to contin ue whaling indefinitely despite the
moratorium on commercial whaling. The proceeds from selling whale meat
derived from Japan’s purported “scientif ic research” fund continuing whaling
operations. It is this economic interest that drives the “research”. Japan uses
lethal methods of “research” to ensure th e production of saleable whale meat and
thereby to achieve its aim of continued wha ling. Consistent with the necessity to
sell meat to fund its ongoing whaling, Ja pan adjusts its catc hes in response to
demand for whale meat. Continued whaling financially sustains participants in
63Japan’s whaling industry, maintains pelagi c whaling skills and technologies, and
benefits Government officials. This provides additional incentive for interested
Government officials and the industry to perpetuate “scientific” whaling despite
its consistent lack of scientific results.
64 S ECTION I. THE COMMENCEMENT OF J APAN ’S “SCIENTIFIC ”
WHALING IN THE S OUTHERN O CEAN
3.4 In January 1988, Japan commenced so- called “scientific” whaling in the
Southern Ocean under JARPA. It is no co incidence that this was the very first
Southern Ocean whaling season after the commercial whaling moratorium took
effect for Japan’s pelagic whaling operations. In fact, the evidence establishes
that after the moratorium Japan was determined to continue whaling, in its own
188
words, in “some form or another”, and that “scientific” whaling was merely a
guise under which to do so.
A. JAPAN ’S DECISION TO OBJECT TO THE COMMERCIAL WHALING MORATORIUM
3.5 The economic significance of Japan’s whaling industry peaked in the
1960s. By the early 1980s, it had declined markedly, reflecting gravely depleted
stocks due to massive over-exploitation, reduced IWC quotas and declining
profitability. Nonetheless, whaling re mained a significant and symbolically
important industry in Japan. The total value of Japan’s annual whale catch around
this time was estimated at some ¥13 billion (approximately US$55million 18).190
18As noted in Section I.C of this Chapter, Japanese Government Ministers and officials regularly
reiterated Japan’s determination to continue whalin g and maintain the industry “in some form or
another” after the commercial whaling moratorium was adopted.
18All conversions of Japanese Yen to United States DollarMemorial are based on the
historical exchange rate around the time the Japanese Yen amount is referenced, and do not
incorporate subsequent inflation or deflation. The conversions are based on Organisation for
Economic Co-operation and Development statistics on exchange rates (USD monthly averages):
OECD, 2011, “Stat Extracts”, at <http://stats.oecd.org/Index.aspx> on 1 April 2011.
190Government of Japan,National Diet DebatesHouse of Councillors - Foreign Affairs
Committee - No.11, 16May1985, Speaker: 231/32 9 (Tadashi Imai, Director, Far Seas Division,
Marine Fisheries Department, Fi sheries Agency) [Annex 96]. (Tadashi Imai later became a
Director of Kyodo Senpaku Kaisha Limitede company which conducts Japan’s “scientific”
whaling: Government of Japan, Tokyo Legal Affairs Bureau Nakano Branch, Certified Record of
65Some 1,300 people were employed directly in Japan’s whaling operations, 191
including, as of 1982, some 747 individua ls employed by Japan’s main pelagic
whaling company, Nippon Kyodo Hogei (“Kyodo Hogei”). 192 Further individuals
were employed in related industries such as whale meat processing, distribution
and sale. The Japan Whaling Association estimated in 1986 that some 50,000
people and their families depended on wha ling and whaling-related industries for
their livelihoods. 193 Moreover, whaling remained politically important: on
17March1982, then Prime Minister Zenk ō Suzuki affirmed in the Japanese Diet
that Japan’s whaling industry had “an extremely long history” and that whale meat
occupied “an important role in the Japanese diet”. 194 Prime Minister Suzuki
referred to moves within the IWC at that time to negotiate the commercial
whaling moratorium, and in light of these moves affirmed that:
The Government intends to place even greater efforts than 195has to date into the
protection and growth of the whaling industry into the future.
[emphasis added]
3.6 Accordingly, it was no surprise that Japan was among the small group of
six Contracting Governments which voted against the commercial whaling
moratorium when it was adopted on 23 July 1982. Japan made clear that, despite
the moratorium, it was determined to maintain its whaling industry into the future.
All Closed Register Particulars: Kyodo Senpaku Kaisha Ltd., Corporate Registration No. 0100-
01-041436, (22 December 2010) [Annex 108], 2).
191
Government of Japan, National Diet Debates, House of Councillors - Foreign Affairs
Committee - No. 11, 16May1985, Speaker: 231/329 (Tadashi Imai, Director, Far Seas Division,
Marine Fisheries Department, Fisheries Agency) [Annex 96].
192Government of Japan, “Report to the Working Group on Socio-Economic Implications of a
Zero Catch Limit” (1989) IWC/41/21, 41 [Annex 102].
193Z Doi, “Don’t put out the light of whaling. My view: Takehiko Takayama”, Asahi Shimbun,
1 June 1986 (morning edition), 4 [Annex 125].
194
Government of Japan, National Diet Debates, House of Councillors - Budget Committee -
No. 10, 17 March 1982, Speaker: 23/360 (Zenkō Suzuki, Prime Minister) [Annex 88].
195
Ibid.
66On 4August1982, Japan’s Minister for Ag riculture, Forestry and Fisheries,
Kichirō Tazawa, reported to the Japanese Diet that:
It is the Prime Minister’s view that precisely since the problems facing whaling in Japan are
so extremely significant, and as there are so many people who are reliant primarily on this
industry for their livelihood, we must actively continue to build an environment where
whaling can be practiced… [The Prime Minister ] was of the view that we ought to push
harder ahead with a response on whaling… And so, for my part too, since there are people
who are unable to get jobs elsewhere in the fishing industry other than in whaling, as you
have pointed out, I intend to redouble efforts in actively dealing with the whaling problem
and to live up to the expectations which have been placed upon me.6
3.7 The Government of Japan clearly was committed to maintaining its
whaling industry; at no time did it indicate that it was prepared to halt the industry
in line with the requirements of the moratorium.
3.8 Consistent with the Government’s strong public commitments to support
Japan’s whaling industry, Japan objected to the moratorium under Article V(3) of
the ICRW on 4 November 1982. In the formal notification of its objection, Japan
argued that the moratorium did not take into account “the important role played by
the whale products and the whaling industry in the Japanese traditional diet and in
197
the socio-economy of certain lo cal communities in Japan”. Japan also
198
highlighted the fact that whaling provided employment “for many persons”.
196
Government of Japan, National Diet Debates, House of Representatives - Agriculture, Forestry
and Fisheries Committee - No. 24, 4August 1982, Speaker: 110/277 (Kichir ō Tazawa,
Minister for Agriculture, Forestry and Fisheries) [Annex 89].
197IWC Circular Communication RG/EE/4613, “Ame ndments to the Schedule adopted at the 34 th
Annual Meeting and an Objection by the Government of Japan”, 5 November 1982 enclosing Note
from the Ambassador of Japan to the United Kingdom to the Secretary of the International
Whaling Commission, 4 November 1982, 2 [Annex 53].
198
Ibid., 6.
67B. P RESSURE ON JAPAN TO WITHDRAW ITS OBJECTION TO THE COMMERCIAL
WHALING MORATORIUM
3.9 Japan could lawfully have maintained its whaling industry, and continued
commercial whaling, on the basis of its obj ection to the moratorium. However,
Japan was under considerable international pressure to withdr aw its objection.
Contracting Governments (including Aust ralia) urged the few countries still
engaged in commercial whaling (including Japan) to accept and comply with the
moratorium.
3.10 Of immediate concern to Japan was that, if it did not withdraw its
objection to the moratorium, substantia l sanctions on Japan’s fishing industry
might be imposed under laws of the Un ited States. The United States
Commissioner to the IWC, John Byrne, hi ghlighted these possible sanctions in
letters to IWC Commi ssioners of whaling countries after the IWC adopted the
moratorium. In those letters, Commissioner Byrne stressed that:
[I]t is our very serious intent to achieve [compliance with] the moratorium and to
use the tools available to us to do that.
3.11 The “tools” referred to by Commissi oner Byrne were in the form of
UnitedStates legislation: the 1971 Pelly Amendment to the Fisherman’s
200
Protective Act of 1967 (the “ Pelly Amendment ”), and the
1979Packwood-Magnuson Amendment to the Fishery Conservation and
201
Management Act of 1976, (the “Packwood-Magnuson Amendment ”). These
199
United States IWC Commissioner Byrne confirmed this in evidence to the United States House
of Representatives: Government of the United States, Subcommittee on Human Rights and
International Organizations of the Committee on Foreign Affairs, United States House of
Representatives, Review of the 34th International Whaling Commission Meeting ,
(16 September 1982), 28 [Annex 73].
200Government of the United States, 1971 Pelly Amendment to the Fisherman’s Protective Act of
1967, 22 USC § 1978 (“Pelly Amendment”) [Annex 71].
201Government of the United States, 1979 Packwood-Magnuson Amendment to the Fishery
Conservation and Management Act of 1976, 16 USC § 1821 (“Packwood-Magnuson Amendment”)
[Annex 72].
68amendments applied where the United St ates Secretary of Commerce certified
that the actions of a fore ign country were “diminishing the effectiveness” of,
202
inter alia, the ICRW. Upon such certif ication, the Secretary of State was
obliged, under the Packwood-Magnuson Amendment , to reduce the offending
203
nation’s fishery allocation in the United States exclusive economic zone by at
204
least 50%. Under the Pelly Amendment, a certification gave rise to a discretion
on the part of the President to direct that a prohibition of fisheries imports from
205
the relevant nation be implemented.
3.12 The threat of United States trade sanc tions, particularly the possibility of
being denied access to valuable fishing grounds in the United States’ exclusive
economic zone under the Packwood-Magnuson Amendment, was a significant
concern for Japan. In evidence to the National Diet on 4August1982, the
Director-General of the Japan Fisheries Agency, Akira Matsuura, described the
Packwood-Magnuson Amendment as a “huge problem”, stating that “[i]t will be
extremely important to seek the understanding of the United States with regard to
issues like continuing with our whaling”. 206 The extent of Japan’s concerns about
the potential loss of access to the United States’ exclusive economic zone was
outlined by Tadashi Imai, Director of the Far Seas Fisheries Division of the
Japan Fisheries Agency, on 16 May 1985, when he noted that:
[O]verall, the situation of Japanese fish ing in the United States’ 200-nautical mile
zone is that there is more than 250 vessels with a total catch exceeding one million
202 Pelly Amendment 22 USC § 1978(a)(1) [Annex 71]; Packwood-Magnuson Amendment
16 USC § 1821(e)(2)(A)(i) [Annex 72].
203
The United States proclaimed an exclusiv e economic zone of 200 nautical miles on
10 March 1983.
204
Packwood-Magnuson Amendment 16 USC § 1821(e)(2)(B) [Annex 72].
205Pelly Amendment 22 USC § 1978(a)(4) [Annex 71].
206Government of Japan, National Diet Debates, House of Representatives - Agriculture, Forestry
and Fisheries Committee - No. 24, 4August 1982, Speaker: 92/277 (Akira Matsuura,
Director-General, Japan Fisheries Agency) [Annex 89].
69 tonnes. In monetary terms, it would be worth considerably more than 100 billion
yen [approximately US$419 million]. These operations directly employ somewhere
well in excess of 10,000 people. Whaling, on the other hand…would be worth
about 13 billion yen [approximately US$54 million], of which around 8 billion yen
[approximately US$34 million] would be from Antarctic whaling and 5 billion yen
[approximately $20 million] from Japanese coastal waters… Overall, therefor207the
ratio of the scale of fishing in American waters to our whaling is about 10 to one.
C. J APAN ’S DECISION TO COMMENCE “SCIENTIFIC ” WHALING AND WITHDRAW ITS
OBJECTION
3.13 Japan was determined to avoid Unite d States sanctions on its fishing
industry. At the same time, Japan was determined to continue whaling.
On11October 1983 Japan’s Minister for Agriculture, Forestry and Fisheries,
IawazoKaneko, was asked in the Japanese Diet whether Japan should choose to
abandon whaling or allow its United States fishing allocation to be cut, under the
Packwood-Magnuson Amendment. Minister Kaneko replied:
And, if I’m right, your question was, ought we to take those fish or ought we to let
go of the whales? I say that we take both of them. We will certainly not write off
whaling… So my view is that we will continue to persist in our208gotiations, and
that we don’t have any intention to abandon either one or the other.
3.14 On the same day, the Director-Gener al of the Japan Fisheries Agency,
Fumio Watanabe, reiterated clearly the Government’s fundamental position on the
issue:
[D]uring the roughly two years until the [moratorium] decision comes into effect the
Government will make the utmost efforts to obtain the understanding of the
countries concerned to ensure that our whaling can continue in some form or
209
another.
[emphasis added]
207
Government of Japan, National Diet Debates, House of Councillors - Foreign Affairs
Committee - No. 11, 16May1985, Speaker: 231/32 9 (Tadashi Imai, Director, Far Seas Fisheries
Division, Marine Fisheries Department, Fisheries Agency) [Annex 96].
208Government of Japan, National Diet Debates, House of Representatives - Agriculture, Forestry
and Fisheries Committee - No. 2, 11 October 1983, Speaker: 43/163 (Iawzo Kaneko, Minister for
Agriculture, Forestry and Fisheries) [Annex 90].
209
Ibid., Speaker: 41/163 (Fumio Watanbe, Director-General, Fisheries Agency).
703.15 Japanese Ministers and officials regul arly reiterated this commitment to
continue Japan’s whaling industry “in some form or another” in the ensuing years.
It was in this context that, in Oc tober 1983, Director-General Watanabe
commissioned an expert panel called the Whaling Issues Study Group to make
recommendations for the future of Japanese whaling.
3.16 The Study Group delivered its Report to the Government in July 1984. 210
The Study Group’s fundamental conclusion was that “[t]he continuation of
whaling ought rightly to be accepted”. 211 This conclusion was based on the
StudyGroup’s view that the IWC’s decisi on to prohibit commercial whaling
under the moratorium was “illegitimate”, and its finding that whaling was
important to support employment and re gional economies, fostering Japan’s
whale meat eating culture and enabling whaling skills and techniques to be passed
on to future generations. 212 While the Study Group was of the view that “there is
absolutely no reason for Japan to abandon its whaling industry”, 213 it also noted
the threat of United States sanctions on its fishing industry if Japan did not
withdraw its objection to the moratorium:
[T]he United States Government is strongly pressing Japan to withdraw its objection
by linking the whaling issue to its allocation to Japan of fishing quotas within the
United States’ 200 nautical mile zone in the northern Pacific. Of particular concern
was the fact that last year the United States reduced its fishing quota allocation to
Japan, citing as its reason that Japan did not withdraw its objection… [T]he United
States has already enacted a law that make s it possible to reduce to zero the fishing
quota allocated to Japan within a two year period in the event that Japan were to
continue its commercial whaling after the prohibition of commercial whaling comes
214
into effect from the 1985-86 whaling season.
210Whaling Issues Study Group, Report on Preferred Future Directions for Japan’s Whaling
(July 1984) in New Policy Monthly (August 1984) 108 (“ Report of the Whaling Issues Study
Group”) [Annex 98].
211Ibid., para. 5.
212Ibid., paras. 3, 5.
213Ibid., para. 3.
214
Ibid., para. 4.
713.17 In light of these considerations , the Study Group recommended that “in
order to continue whaling in the Southern Ocean…we should seek the
215
understanding of relevant countries for Japan to undertake scientific whaling”.
This statement encapsulates the true pur pose of subsequent Japanese whaling in
the Southern Ocean – the continuation of whaling, not scientific research.
This recommendation ultimately set the course for Japan to withdraw its objection
to the moratorium (thereby avoiding United States sanctions on its fishing
industry) and at the same time enabled Ja pan to continue whaling in the Southern
Ocean under the guise of “scientific research”.
3.18 The manner in which the Government reported the findings of the
Study Group highlights two fundamental points . First, the Government reiterated
its clear commitment to continue Japan’s whaling industry “in some form or
another”. On 1 August 1984, the Japan Fisheries Agency stated that:
Our intention is to use the [Study Group’s] report as a reference…and to make our
utmost efforts to ensure that our whaling will be able to continue both in the
Antarctic and as coastal whaling, in some form or another .216
[emphasis added]
215Ibid., para. 5.
216
Government of Japan, National Diet Debates , House of Representatives - Foreign Affairs
Committee - No. 18, 1 August 1984, Speaker: 144/196 (Keiichi Nakajima, Head, Ocean Fisheries
Department, Fisheries Agency) [Annex 91]. Keiichi Nakajima was later President of the Japan
Whaling Association: “A Message to the World: Sustainable Whaling. Three Whaling Groups’
New Year’s Press Conference”, The Fishing & Food Industry Weekly , 1559 (25 February 2010),
19 [Annex 128].
See also, Government of Japan, National Diet Debates, House of Representatives - Agriculture,
Forestry and Fisheries Committee - No. 27, 2August 1984, Speaker: 211/342 (Hiroya Sano,
Director-General, Fisheries Agency) [Annex 92].
723.19 On 2August 1984, the Minister for Agriculture, Forestry and Fisheries,
Shinjirō Yamamura, reiterated the Government’s commitment to continue Japan’s
whaling:
As the Minister for Foreign Affairs has said, and as the Director-General of the
[Japan] Fisheries Agency just now also said, I intend to do my utmost to ensure that
217
Japanese whaling continues in some form or another.
[emphasis added]
The Minister repeated this commitment on 7 August 1984. 218 Atno time did the
Government raise the possibi lity of Japan stopping whali ng altogether or closing
its whaling industry.
3.20 Secondly, it is evident that the Government saw “scientific” whaling as the
manner in which Japan could continue whaling while acceding to international
pressure to withdraw Japan’s objection to the moratori um. This was intended to
enable Japan to avoid possible United States sanctions, particularly under the
Packwood-Magnuson Amendment. Director-General Sano of the Japan Fisheries
Agency made the Government’s views clear in describing the Whaling Issues
Study Group’s recommendations in the Diet on 2 August 1984:
[T]he United States Government has creat ed a link between the whaling issue and
the fishing quotas it allocates to Japan within the United States’ 200 nautical mile
zone in the northern Pacific Ocean and it is pressuring Japan strongly to withdraw
our objection…
217Government of Japan, National Diet Debates, House of Representatives - Agriculture, Forestry
and Fisheries Committee - No. 27, 2 August 1984, Speaker: 217/342 (Shinjir ō Yamamura,
Minister for Agriculture, Forestry and Fisheries) [Annex 92].
218
On 7 August 1984, Shinjir ō Yamamura reaffirmed that his Ministry “has done everything
possible, and we will continue to make our utmost efforts, to ensure that Japanese whaling can
continue in some form or another into the future”. Government of Japan, National Diet Debates,
House of Representatives - Agriculture, Fo restry and Fisheries Committee - No. 28,
7 August 1984, Speaker: 138/377 (Shinjirō Yamamura, Minister for Agriculture, Forestry and
Fisheries) [Annex 93].
73 [I]n the current environment…after the mora torium commences, the path to ensure
the continuation of whaling would be, for Southern Ocean whaling, to position it as
a research whaling activity which has a scientific nature…[and] the continuation of
whaling ou219 to be planned for while we seek the understanding of the relevant
countries...
[emphasis added]
3.21 For the Japanese Government, as not ed by Director-General Sano, the
Report of the Whaling Issues Study Group had provided “valuable
recommendations for ensuring the continua tion of whaling after the moratorium
220
has come into effect”, in a way “that would be acceptable to both sides”, that is,
221
to both Japan and the United States. Director-General Sano re-emphasised this
point on 4 September 1984, referring to recent negotiations with the United States
over the issue:
At the time when we held the talks with the Americans the other day, we had the
report submitted by the Whaling Issues Study Group which recommends the idea of
undertaking the continuation of whaling activities in the form of research, given the
difficulties of challenging the commercial whaling moratorium head-on … 222
[emphasis added]
3.22 Putting it another way, Sano stated in the Diet on 18 December 1984 that
“we should make maximum use” of the recommendations of the Whaling Issues
Study Group to “keep Japanese whali ng alive under these very challenging
circumstances”. 223
219Government of Japan, National Diet Debates, House of Representatives - Agriculture, Forestry
and Fisheries Committee - No. 27, 2 August 1984, Speaker: 211/342 (Hiroya Sano,
Director-General, Fisheries Agency) [Annex 92].
220
Government of Japan, National Diet Debates, House of Representatives - Agriculture, Forestry
and Fisheries Committee - No. 28, 7 August 1984, Speaker: 130/377 (Hiroya Sano,
Director-General, Fisheries Agency) [Annex 93].
221Ibid., Speaker: 134/377 (Hiroya Sano, Director-General, Fisheries Agency) [Annex 93].
222Government of Japan, National Diet Debates, House of Councillors - Agriculture, Forestry and
Fisheries Committee / Closed - No. 1, 4September 1984, Speaker: 106/194 (Hiroya Sano,
Director-General, Fisheries Agency) [Annex 94].
223
Government of Japan, National Diet Debates, House of Representatives - Agriculture, Forestry
and Fisheries Committee - No.2, 18Decembe r 1984, Speaker: 20 8/234 (Hiroya Sano,
Director-General, Fisheries Agency) [Annex 95].
743.23 Plainly, the Government of Japan saw “scientific” whaling as a way
around the moratorium; “science” was not Japan’s real purpose. As
GorokuSatake, appointed Director-General of the Japan Fisheries Agency in
1986, recalled:
[T]he negotiations over the scientific whaling problem…was the last job I did in my
bureaucratic career… The implementation of scientific whaling was viewed as the
only method available to carry on with the traditions of whaling.
3.24 Satake made the genuine purpose of Japan’s proposed “scientific” whaling
plans clear when, in April 1987, he addresse d the crew of Japan’s pelagic factory
ship on its return to port following the last season of authorised commercial
whaling in the Southern Ocean, saying:
“We will make every effort to strive for the continuation of whaling, with its long
history and traditions”… I honestly felt that “Whatever the issues for which Japan’s
past whaling deserves criticism, the crare not to blame. I want to somehow
retain the work and workplaces, where these men have spent their whole lives, in the
form of scientific whaling”.
3.25 In November 1984, four months afte r the Whaling Issues Study Group
delivered its Report, Japan reached an arrangement with the United States by
which it undertook to withdraw its objec tion to the moratorium in return for
certain concessions to its whaling indus try which would operate in the period
before its withdrawal took effect. The arrangement was set out in a high-level
exchange of letters between the Un ited States Secretary of Commerce,
MalcolBmaldrige, and Japan’s Charge d’Affaires in Washington,
YasushiMurazumi. The essential term s of the Baldrige-Murazumi agreement
were:
(1) Japan agreed to withdraw its objec tion to the moratorium with effect
following the 1987 coastal whaling season and the 1986/87 pelagic
224
G Satake, Japanese Fisheries and Overseas Fisheries Cooperation in the Era of Globalisation
(Seizankdo-Shoten Publishing Co. Ltd, 1997), 113 [Annex 75].
225
Ibid., 115 [Annex 75].
75 whaling season (in effect, allowing a two year delay in the moratorium
coming into force for Japan);
(2) The United States agreed to permit Japan to take certain catches of whales
in the period before the moratorium took effect for it; and
(3) The United States agreed that it w ould not certify Japan’s whaling under
226
the Pelly Amendment or the Packwood-Magnuson Amendment.
3.26 Pursuant to this arrangement, the United States Secretary of Commerce
did not certify Japan under either the Pelly or Packwood-Magnuson Amendments.
This decision not to certify was challenged by United States environmental groups
227
but was upheld on appeal by the United States Supreme Court on 30 June 1986.
On the following day, 1July1986, Japan withdrew its objection to the
228
commercial whaling moratorium. Despite outwardly accepting the moratorium,
Japan was determined to continue whaling and the Government had already begun
planning to continue Southern Ocean whaling under the guise of “scientific
research”. In January 1988, the very first pelagic whaling season after the
moratorium came into force for it, Japa n commenced “scientific” whaling in the
Southern Ocean under JARPA.
226Agreement between the United States of Am erica and Japan concerning commercial sperm
whaling in the western division stock of the North Pacific (with record of discussion) , (contained
in Letter from Yasushi Murazumi, Chargé d’Affaires ad interim of Japan to Malcolm Baldrige,
United States Secretary of Comme rce, 13November 1984, and letter from Malcolm Baldrige to
Yasushi Murazumi, 13November 1984), 2039 UNTS 35266 (Washington, 13 November 1984)
[Annex 63].
227 Japan Whaling Association and Japan Fisheries Association, Petitioners, v. American
Cetacean Society et al., Petitioners. Malcolm Baldrige, Secretary of Commerce, el al., Petitioners
v. American Cetacean Society et al., 478 U.S. 22, 106 S.Ct. 2860 (1986).
228IWC Circular Communication RG/VJH/16129, “Withdrawal of Objection to Schedule
Paragraph 10(e) by Japan”, 1 July 1986 enclosing Note from the Ambassador of Japan to the
United Kingdom to the Secretary of the International Whaling Commission, 1 July 1986
[Annex 54].
76D. E ARLY DEVELOPMENT OF THE “SCIENTIFIC ”WHALING BUSINESS MODEL
3.27 Japan was determined to use its purported objective of “scientific
research” as a means to enable whaling to continue on a long-term and largely
self-funding basis. These requirements underpin the “scientific” whaling business
model, under which revenue from the sale of whale meat funds continued whaling
and supports key participants in the whaling industry.
3.28 Direct evidence of how Japan devel oped its commercial requirements for
its “scientific” whaling is provided by a respected Japanese scientist,
DrToshioKasuya, who was among the small group charged with developing the
program which was ultimately implemented as JARPA.
3.29 In the first half of 1984, “sever al months” before the July 1984 Report of
the Whaling Issues Study Group was finalised, Japan’s Commissioner to the IWC
convened a meeting which was attended by representatives of the Japan Fisheries
Agency and Japan’s main pelagic whaling company, Kyodo Hogei, together with
scientists from Japan’s Far Seas Fish eries Research Laboratory (including
DrKasuya). The agenda for the meeting included the “feasibility of scientific
whaling in the Antarctic and North Paci fic”; that is, from the outset, the
Government made clear that it envisa ged a “scientific” program necessarily
premised on continued pelagic whaling. 229 The Government then asked a select
group of individuals to create the plan, a nd stipulated two fundamental conditions
for this whaling project:
(1) the project had to be “self-sustainable”, in that it could fund its continued
operations through the sale of whale meat; and
229T Kasuya, “Japanese Whaling and Othe r Cetacean Fisheries”, (2007) 14(1) Env Sci Pollut Res
39, 45-6 [Annex 77].
77 (2) the project was to require a “long pe riod perhaps until the reopening of
230
commercial whaling”.
3.30 In short, as Dr Kasuya noted:
[T]he parameters we were given were to “draft research that will allow the whaling
of a sufficient number of whales to cover costs and which will not be completed in a
short time-frame”.31
3.31 These requirements underpin Japan’s “scientific” whaling business model
which has remained in place to this day.
3.32 The original JARPA “research” proposal dated March 1987 was consistent
with the Government’s requirements for the construction of a “scientific” whaling
program. 232 The proposal involved large annual targets for lethal whaling
(825minke whales and 50 sperm whales each year). This was deemed sufficient
to sustain the operation through revenue ob tained from the sale of this meat.
Asnoted by Dr Kasuya, the final target sample size under th e original JARPA
proposal was finalised only after “the i ndustry side judged that 825 minke whales
could sustain the operation”. 233
3.33 Moreover, the original JARPA propos al called for lethal whaling on an
indefinite basis, meeting the Government’s requirement that the “research”
program provide for long-term whaling. The plan itself specified no end date and,
as subsequently clarified in the Scientific Committee, “it was intended the
234
programme would be c ontinued indefinitely”. Ultimately, Japan continued
230Ibid.
231“Debate: Pros and Cons of Scientific Whaling”, Mainichi Shimbun , 3 October 2005, 3 [column
by T Kasuya] [Annex 129].
232Government of Japan, “The Program for Research on the Southern Hemisphere Minke Whale
and for Preliminary Res earch on the Marine Ecosystem in the Antarctic”, 1987, SC/39/04
(“JARPA proposal, 1987”) [Annex 156].
233
T Kasuya, “Japanese Whaling and Othe r Cetacean Fisheries”, (2007) 14(1) Env Sci Pollut Res
39, 45-6 [Annex 77].
234
Report of the Scientific Committee, Rep. Int. Whal. Commn 38, 1988, 55.
78whaling under JARPA for 18 years and ha s since continued whaling without
interruption under JARPA II, which also has no specified end date.
3.34 The original JARPA proposal of Ma rch 1987 provided ta rget quotas of
825 minke whales and 50 sperm whales. The then Prime Mi nister of Japan,
Yasuhiro Nakasone, informed the Dir ector-General of the Japan Fisheries
Agency, Goruko Satake, that: “[m]y gut feel ing is that 875 whales is somewhat
excessive. Don’t create an impr ession that we’re being unfair”. 235 In response,
the “research” plan was subsequently recast as a “feasibility study” with a reduced
target of 300 minke whales and no sperm whales. 236 This decision was made “for
political reasons”. 237 Japan’s target increased pr ogressively over the 18 year
duration of JARPA, reaching a ma ximum 440 minke whales from the
1994/95season. Despite having previously claimed that a target of 825 minke
and 50 sperm whales was necessary to ach ieve its “scientific” objectives, Japan
then argued that it could still achieve th e same objectives with much reduced
“sample sizes” for minke whales, and with no take at all of sperm whales.
3.35 Japan commenced whaling in the S outhern Ocean under the guise of
JARPA “research” from January 1988 and, as outlined in Se ction II of this
Chapter, has continued so-called “scientific” whaling, currently u
nder JARPA II,
each season since then.
235
G Satake, Japanese Fisheries and Overseas Fisheries Cooperation in the Era of Globalisation
(Seizankdo-Shoten Publishing Co. Ltd, 1997), 115 [Annex 75]; see also, “Fisheries Agency
Director-General Told by Prime Minister: Do Scientific Whaling that Won’t be Criticised”, Asahi
Shimbun, 26 April 1987 (morning edition), 2 [Annex 127].
236Government of Japan, “The Research Plan for the Feasibility Study on ‘The Program for
Research on the Southern Hemisphere Minke Whal e and for Preliminary Research on the Marine
Ecosystem in the Antarctic’”, October 1987, SC/D87/1 (“JARPA Feasibility Study Proposal,
1987”).
237T Kasuya, “Japanese Whaling and Othe r Cetacean Fisheries”, (2007) 14(1) Env Sci Pollut Res
39, 45-6 [Annex 77].
79 SECTION II. APAN ’S PELAGIC W HALING INDUSTRY AND THE
W HALE M EAT M ARKET
A. THE KEY PARTICIPANTS JAPANS PELAGIC WHALING INDUSTRY
3.36 In 1987, Japan restructured its whali ng industry to implement “scientific”
whaling. Insummary, a new company called Kyodo Senpaku Kaisha Ltd
(“Kyodo Senpaku”) was established to undertake the whaling and to distribute the
whale meat, while the Institute of Cetacean Research was established to undertake
the “scientific research”. Kyodo Senpaku and the Institute of Cetacean Research
were formally established as new entitie s in 1987 but both organisations were, in
different forms, key participantswhaling industry up to that point. The
commencement of “scientific” whaling enab led Japan’s pelagic whaling fleet to
continue whaling in the Southern Ocean without interruption, albeit at a reduced
level, following Japan’s acceptance of the moratorium on commercial whaling.
3.37 The following Sections set out the role , organisational status and relevant
history of Kyodo Senpaku and the Institute of Cetacean Research, as well as the
roles of key Government agencies. As ou tlined below, it is evident that there are
close and long-standing links between each of these organisations.
(1) Kyodo Senpaku
3.38 Role: Kyodo Senpaku owns and operatJapan’s pelagic whaling fleet,
and provides the vessels and crew for whaling operations under JARPA II (as well
as, previously, under JARPA). Kyodo Senpaku also has undertaken many, though
not all, of Japan’s “scientific”ng operations under Japanese Whale
Research Program under Special Permit in the Northwest Pacific, Second Phase
80 238
(“JARPN II”) program. In addition to undertaking whaling, Kyodo Senpaku
manages the market distribution and sale of whale meat on commission pursuant
239
to contractual arrangements with the Institute of Cetacean Research. Revenue
240
from these sales constitutes Kyodo Senpaku’s predominant income.
3.39 Organisational status and history : Kyodo Senpaku was established on
5 November 1987. 241 The company is the direct successor of Kyodo Hogei,
which was Japan’s main pelagic whali ng company in the period from 1976 to
1987. Inparticular, the majority of Kyodo Senpaku’s staff, as well as valuable
assets including a factory ship (the Nisshin-Maru) and various whale catcher
boats, were transferred directly from Kyodo Hogei to Kyodo Senpaku. Similarly,
the directors of Kyodo Senpaku were drawn from the board of Kyodo Hogei.
Inaddition, the shareholders in Kyodo H ogei (which included three of Japan’s
largest fishing companies) became the major shareholders in the successor
242
company Kyodo Senpaku on its establishment. “Scientific” whaling enabled
Japan’s pelagic whaling fleet (now owned by Kyodo Senpaku) to continue
whaling in the Southern Ocean without interruption.
3.40 Ownership of Kyodo Senpaku changed substantially in 2006, when shares
were transferred at no cost from the private fishing companies which formerly
owned it to five so-called “public interest” corporations, each of which received a
238In particular, some whaling operations in tNorthwest Pacific in on e coastal component of
JARPN II are undertaken by coastal whaling companies, rather than Kyodo Senpaku.
239Kyodo Senpaku’s role in the sale and distribution of whale meat is set out further in
Section II.C of this Chapter below.
240Kyodo Senpaku also has generated income from undertaking other vessel chartering work for
the Government of Japan, including for example marine surveys on commission for Government.
241Government of Japan, Tokyo Legal Affairs Bureau Nakano Branch, Certified Record of All
Historical Register Particulars: Kyodo Senpaku Kaisha Ltd., Corporate Registration No. 0100-01-
041436 (22 December 2010), 1 [Annex 109].
242
Information on the organisational history of Kyodo Senpaku is provided in S Ward, Biological
Samples and Balance Sheets (Institute of Cetacean Research, 1992), 10, 15 [Annex 112].
8119.4% stake. 243 One of these new shareholders is the Institute of Cetacean
Research. 244 Another new shareholder is the Shimonoseki Marine Sciences
Academy, which is part of the Shimonosek i City municipality (Shimonoseki City
has close links with Japan’s Southern Ocean whaling). 245 Theremaining 3% of
246
shares in Kyodo Senpaku are now owned by the directors of the company.
3.41 The decision of the private fishing co mpanies to divest their ownership of
Kyodo Senpaku has been explained as a response to the declining demand for
whale meat and to concerns about their international reputation being damaged by
their association with whaling. 247 The official explana tion given was that the
decision was taken “in view of the scient ific and public-interest nature of the
248
activities now carried out by our company” [emphasis added], a surprising
243“Kyodo Senpaku: 980 Shares Each to Five Foundations in Total Share Transfer”, Nikkei
Sangyo Shimbun, 4 July 2006, 18 [Annex 132].
244Kyodo Senpaku Kaisha, Ltd, “Subject: Changes in the Shareholder Composition”,
(PrRsslease,24arch 2006) at Japan Whaling Association website,
<http://www.whaling.jp/english/articles/060324news.html> on 9 March 2011 [Annex 115].
245
“Shimonoseki City Operator of Shimonoseki Kaikyokan Aquarium Becomes Scientific
Whaling Major Shareholder; City to Su pport Re-start of Commercial Whaling”, Nihon Keizai
Shimbun – Regional Economy Section: Chugoku A, 4 July 2006, 11 [Annex 131].
246“Kyodo Senpaku: 980 Shares Each to Five Foundations in Total Share Transfer”, Nikkei
Sangyo Shimbun, 4 July 2006, 18 [Annex 132].
247
For example the seafood products of Nippon Suisan’s internationally affiliated companies in
the United States and Europe were exposed to international boycott campaigns because of the
company’s involvement in whaling, and Nippon Su isan President, Naoya Gakizoe, explained that
“[o]ur very involvement in whaling leads to business risks”: K Nakano, “To Protect Whale Eating
Culture, The Japan Fisheries Agency Supports A Meat Wholesaler to Develop Sales Channels
Targeting School Lunches”, Nikkei Sangyo Shimbun , 29May 2006, 21 [Annex 130]. See also
KOyamada, “Commentary: Difficult Situati on Reflected in Whale Meat Consumption”, Nishi
Nippon Shimbun, 15 June 2008 (morning edition), 12 [Annex 139].
248
Kyodo Senpaku Kaisha, Ltd, “Subject: Changes in the Shareholder Composition”,
(PrRsslease,24arch 2006) at Japan Whaling Association website,
<http://www.whaling.jp/english/articles/060324news.html> on 9 March 2011 [Annex 115].
82explanation given that the company ha d purportedly been conducting “scientific
research” in the public interest for the previous 19 years.
(2) Institute of Cetacean Research
3.42 Role: The Institute of Cetacean Research is authorised by the Government
249
of Japan to implement so-called “scientific” whaling. Pursuant to the special
permits issued by the Ministry of Agriculture, Forestry and Fisheries, the Institute
of Cetacean Research is permitted to k ill specified numbers of whales “for
250
scientific purposes”. The Institute generates the bulk of its revenue, and largely
covers the expenses of continued whaling operations, through the commercial sale
of whale meat “by-products” from this “res earch”. The Institute has a key role in
251
the distribution and public promotion of whale meat.
3.43 Organisational status and history: Up to 1987, the Institute was known as
the Whales Research Institute and was pa rt of the Japan Whaling Association, the
252
industry representative body for the whaling industry. In 1987, the Institute
249
The Institute’s responsibility for implementa tion of “scientific” whaling was set out in
Guidelines issued on 17 December 1987 by order of the Administrative Vice-Minister for
Agriculture, Forestry and Fisheries: Government of Japan, Cetacean Research Capture Project
Implementation Guidelines, Directive issued by order of th e Administrative Vice-Minister for
Agriculture, Forestry and Fisher ies, 62Sea Fisheries No. 37 75, (17 December 1987), para. 2
[Annex 100]. As noted below, this document also sets out the role of the Japan Fisheries Agency
in the program.
250See, for example, Special Permit No. 22-SUIKAN-1577 of 29 November 2010 [Annex 87],
granted to the Institute of Cetacean Research, which authorises within a particular area the killing
of 850 Antarctic minke whales (or up to 935 “if it is so required for the purpose to implement [sic]
the research”), 50 fin whales and 50 humpback whales.
251The Institute of Cetacean Research’s role in the promotion and distribution of whale meat is set
out in Section II.C, below.
252Information on the orga nisational history of the Institute of Cetacean Research is provided in
J Morikawa, Whaling in Japan: Power, Politics and Diplomacy (Columbia University Press,
2009), 37-38.
83 253
split from the Japan Whaling Association and, with the addition of further
personnel from the dissolved whaling company, Kyodo Hogei, was re-established
in its current form pursuant to a Deed of Endowment with the Ministry of
Agriculture, Forestry and Fisheries. 254 The Deed gives the Government a broad
degree of control over the Institute’s activities, 255and the Institute works closely
with the Japan Fisheries Agency in developing and implementing Japan’s
“scientific” whaling.
(3) Links between key participants in the whaling industry
3.44 Building on its formal historical links with the Japan Whaling Association
and Kyodo Hogei, the Institute of Cet acean Research has continued to work
closely with participants in the wha ling industry in the implementation of
“scientific” whaling. The Institut e and Kyodo Senpaku work closely in
undertaking whaling and (as outlined furthe r below) in the subsequent sale and
distribution of whale meat. Each organi sation shares a common interest in the
continuation of Japanese “scientific” wh aling and the maintenance of Japan’s
whaling industry.
3.45 In order to facilitate the commence ment of “scientific” whaling, in 1987
Kyodo Senpaku provided a “donation” of some ¥1.25 billion (approximately
253The Japan Whaling Association was reformed in 1988 and continues to represent Japan’s
whaling industry.
254Institute of Cetacean Research (Juridical Foundation) - Deed of Endowment (30 October 1987
as amended on 20 October 1999), at In stitute of Cetacean Research website,
<http://www.icrwhale.org/kifu.pdf>on 16 April 2011 [Annex 99].
255For example, under the Deed of Endowment the approval of the Mini ster for Agriculture,
Forestry and Fisheries is required before th e Institute may undertake certain activities including
finalising its Business and Operations Statement [Article 9] and disposing of certain “Basic
Assets” or providing them as collateral [Article 10]: Ibid. Under Article 14 the Institute is required
to submit detailed annual business plans to the Minister for Agriculture, Forestry and Fisheries:
Ibid., Article 14.
84US$8.6million) to fund the establishment of the Institute. 256 Through owning
19.4% of Kyodo Senpaku shares, 257the Institute now holds a direct financial stake
in the profitability and long-term viability of Kyodo Senpaku.
3.46 The close links between the Institut e of Cetacean Research and Kyodo
Senpaku and the Japan Whaling Associatio n are fostered by senior executive
officers having positions at two or more or ganisations. For example, the current
Director-General of the Institute of Cetacean Research, Yoshihiro Fujise, was
258
appointed a Director of Kyodo Senpaku on 28 January 2010. Another current
Director of the Institute, 259Kazuo Yamamura, is the President of Kyodo Senpaku
and current Vice-President of the Japan Whaling Association. 260 As of
30September 2010, Makato Ito was a Direct or of the Institute of Cetacean
Research as well as, simultaneously, both Kyodo Senpaku and the Japan Whaling
Association. 261 The organisations share the same address in Tokyo.
256
S Ward, Biological Samples and Balance Sheets , (Institute of Cetacean Research, 1992), 16
[Annex 112].
257See Section II.A(1) above.
258
Government of Japan, Tokyo Legal Affairs Bureau Nakano Branch, Certified Record of All
Historical Register Particulars: Kyodo Senpaku Kaisha Ltd., Corporate Registration No. 0100-01-
041436, (22 December 2010), 4 [Annex 109].
259Institute of Cetacean Research, Board Members (16 September 2009), at Institute of Cetacean
Research website, <http://www.icrwhale.org/YakuinList.pdf> on 14 January 2011 [Annex 121].
260
“Three Whaling-Related Organisations: Promoting Whale Meat by Strengthening the Sales
Structure”, Minato Shimbun, 24 January 2011, 6 [Annex 152].
Kazuo Yamamura was also, previously, a leading me mber of the Institute of Cetacean Research’s
“research” personnel in JARPA: in particular, in1989/90, Yamamura was “cruise leader” with
responsibility for “general management of the scientific researches”: sY Fujise et al., Cruise
Report of the Research on Southern Minke Whales in 1989/90 under the Japanese Proposal to the
Scientific Permit, SC/42/SHMi25, (Appendix 2), 55.
261Institute of Cetacean Research, FY2009 Business Report (30September 2010) at Institute of
Cetacean Research website, <http://www.icrwhale.org/H21jigyo.p df> on 16 April 2011, section
4(2), “Directors and Council Members” [Annex 123]; Government of Japan, Tokyo Legal Affairs
Bureau Nakano Branch, Certified Record of All Historical Register Particulars: Kyodo Senpaku
Kaisha Ltd., Corporate Registration No. 0100-01-041436, (22 December 2010), 2 [Annex 109].
853.47 The Institute of Cetacean Research, Kyodo Senpaku and the Japan
Whaling Association also regularly take joint political positions on Japan’s
whaling policy, which reflect their comm on interest in the maintenance and
expansion of “scientific” whaling. On 10 June 2010, for example, heads of each
organisation, as well as the Chairm an of the Japan Small-Type Whaling
Association, presented a joint petition to the Japanese Government. 262 The heads
of each organisation have also regular ly held joint “New Year’s press
conferences” at which they outline their mutual objectives and interests over the
263
coming year.
(4) The Japan Fisheries Agency and the Ministry of Agriculture, Forestry and
Fisheries
3.48 The Japan Fisheries Agency and the Mini stry of Agriculture, Forestry and
Fisheries have primary bureaucratic responsibility for Japan’s “scientific” whaling
within the Government of Japan. In 1987, the Administrative Vice-Minister for
the Ministry issued the Cetacean Research Capture Project Implementation
Guidelines setting out basic responsibilities fo r the conduct of Ja pan’s “scientific
264
research”. Each year, the Minister for Agriculture, Forestry and Fisheries
issues special permits to the Institut e of Cetacean Research stipulating the
262
“Whaling Issue Petitions”, Nikkan Suisan Keizai Shimbun, 10 June 2010, 3 [Annex 146].
263The most recent such press conference was held on 20 January 2011, with Yoshihiro Fujise,
President of the Ins titute of Cetacean Research and Kazuo Yamamura, who is both Chief
Executive Officer of Kyodo Senpaku and Vice-President of the Japan Whaling Association:
“Three Whaling-Related Organisations: Promoting Whale Meat by Strengthening the Sales
Structure”, Minato Shimbun, 24 January 2011, 6 [Annex 152].
264Government of Japan, Cetacean Research Capture Proj ect Implementation Guidelines ,
Directive issued by order of the Administratie Vice-Minister for Agriculture, Forestry and
Fisheries, 62 Sea Fisheries No. 3775, (17 December 1987) [Annex 100].
86maximum number of whales that the fleet is permitted to take under its
“scientific” whaling programs. 265
3.49 The Japan Fisheries Agency, an external arm of the Ministry of
Agriculture, Forestry and Fisheries, is responsible for the overall administration of
Japan’s “scientific” whaling. Under the Guidelines referred to in the previous
paragraph, the Japan Fisheries Agency is responsible for providing “the necessary
direction and supervision fo r implementation” of the “research” program, while
the Institute of Cetacean Research is responsible for the actual “implementation”
266
of the program. The Guidelines also provide that the Director-General of the
Japan Fisheries Agency is responsible for stipulating the “specific survey content
267
and implementation methods”. The Guidelines therefore give the Japan
265The special permits issued by Japan in respect of JARPA II form Annexes 82 to 87 of this
Memorial: Special Permit No. 17-SUIKAN-2389 of 1 November 2005 [Annex 82]; Special Permit
No. 18-SUIKAN-2610 of 13 November 2006 [Annex 83]; Special Permit No. 19-SUIKAN-1911
of 7 November 2007 [Annex 84]; Special Permit No. 20-SUIKAN-1727 of 5 November 2008
[Annex 85]; Special Permit No. 21-SUIKAN-1605 of 12 November 2009 [Annex 86]; Special
Permit No. 22-SUIKAN-1577 of 29 November 2010 [Annex 87], (collectively, “JARPA II Special
Permits”).
In respect of Japan’s whaling under JARPA, Japan issued the following permits: 1987 [copy of
original not available; see IWC Circular Communication RG/VJH/17315, “Special Permit –
Japan”, 17 December 1988]; Special Permit No. 63-SUIKAI-4084 of 16 December 1988; Special
Permit No. 1-SUIKAI-3046 of 4 November 1989; Special Permit No. 2-SUIKAI-3077 of
22November 1990; Special Permit No. 3-SUIKAI-2694 of 13 November 1991; Special Permit
No. 4-SUIKAI-2790 of 4 November 1992; Special Permit No. 5-SUIKAI-2582 of
9November1993; Special Permit No. 6-SUIKAI-2580 of 7 November 1994; Special Permit
No.7-SUIKAI-2315 of 30 October 1995; Special Permit No.8-SUIKAI-2116 of 5 November
1996; Special Permit No. 9-SUIKAN-194 of 5 N ovember 1997; Special Permit No. 10-SUIKAN-
2808 of 4 November 1998; Special Permit No.11-SUIKAN-2609 of 4 November 1999; Special
Permit No.12-SUIKAN-2421 of 15 November 2000; Special Permit No.13-SUIKAN-2302 of
29October 2001; Special Permit No.14-SUIKAN-2513 of 29 October 2002; Special Permit
No1.5-SUIKAN-2348 of 29 October 2003; Special Permit No1 .6-SUIKAN-2402 of
9 November 2004.
266
Government of Japan, Cetacean Research Capture Proj ect Implementation Guidelines ,
Directive issued by order of the Administrativ e Vice-Minister for Agriculture, Forestry and
Fisheries, 62 Sea Fisheries No. 3775, (17 December 1987), paras. 2-4 [Annex 100].
267Ibid., para. 3 [Annex 100].
87Fisheries Agency detailed responsibility fo r the “scientific program”, to the point
of stipulating targets and methods of “research”. The Japan Fisheries Agency also
oversees the whale meat sales and distri bution process, pursu ant to a set of
subsidiary guidelines issued by the Admini strative Vice-Minister for Agriculture,
Forestry and Fisheries.268
B. O VERVIEW OF JAPAN S “SCIENTIFIC ” WHALING IN THE SOUTHERN O CEAN
3.50 This Section outlines when, where and how Japan conducts its special
permit whaling and the unprecedented scale of such hunting under JARPA and
JARPA II. The subsequent Sections detail how Japan kills and processes whales
in its purported “research” and how the meat is processe d, sold and distributed to
consumers in Japan.
3.51 Japan has undertaken annual whaling operations in the Southern Ocean
continuously since it commenced JARPA in January 1988. JARPA concluded in
2005. That same year, Japan laun ched a second phase: JARPA II, 269the subject
of these proceedings. Japan specified that JARPA II would be reviewed i
n 2011
(after six years).70
3.52 The whale species targeted by Ja pan under JARPA II – the Antarctic
minke whale, humpback whale and fin whale – are highly migratory. These
species spend part of the year in temper ate and sub-tropical waters where they
268Government of Japan, Re: Implementation of the Cetacean Research Capture Project, Directive
of the Director-General of the Japan Fisheries Agency, 1987 Sea Fisheries No. 3777,
(17 December 1987 as updated on 28 March 2007) [Annex 101].
269
Government of Japan, “Plan for the Second Ph ase of the Japanese Whale Research Program
under Special Permit in the Antarctic (JARPA II ) – Monitoring of the Antarctic Ecosystem and
Development of New Management Objectives for Whale Resources”, 2005, SC/57/O1 (“ JARPA II
proposal”) [Annex 105].
270Ibid., 13 [Annex 105].
88breed and calve, before migrating thousands of kilometres to the Southern Ocean,
where they spend the Southern Hemis phere summer feeding on Antarctic krill. 271
Japan conducts its lethal “r esearch” while the whales are in their polar feeding
grounds, between November and April. 272
3.53 The area in which Japan conducts JARPA II spans 4,560 nautical miles or
8,450kilometres of ocean at around 65°S. This is entirely w ithin the Southern
Ocean Sanctuary (see Figure 5). Not co incidentally, Japan’s areas of whaling
under JARPA II to a large extent overlap with the productive whaling grounds in
which Japan conducted much of its commercial whaling before 1988. 273
Theparticular whaling grounds under JARPAII alternate each season, with
274
continued whaling each season in an overlapping area in the middle. This is
depicted in Figure 5; Japan alternates between whaling in areas A and B in one
275
year and in areas B and C the next year.
271
de la Mare et al., Antarctic Baleen Whale Populations [Appendix 1].
272
The permits issued by Japan under JARPA II authorised whaling from 8 November 2005 to
18April 2006; from 15 November 2006 to 11 April 2007; from 12 November 2007 to
16April2008; from 12 November 2008 to 30 April 2009; from 19 November 2009 to
30 April 2010; and from 2 December to 31 March 2011: JARPA II Special Permits [Annexes 82 to
87]. However, Japan conducts most of its whaling in January and February, which it describes as
the “peak migration season” for Antarctic minke whales: S Nishiwaki et al., “Review of general
methodology and survey procedure under the JARPA”, SC/D06/J2, 2.
273As shown in Figure 5, JARPA II is largely conducted in IWC Areas IV and V. Between
1978/79 and 1985/86, the Japanese fleet caught more than twice the number of minke whales in
Areas IV and V than its catch in Areas I, II, I II and VI combined (16,534 whales as opposed to
7,670 whales). Upon commencing JARPA, Japan cl aimed that it was “more efficient” to continue
whaling in this area: JARPA proposal, 1987, 8 [Annex 156].
274
JARPA II proposal, 13 [Annex 105].
275Japan broke with this pattern in the most recent season (2010/11) wh en it issued a special
permit authorising takes in areas A, B and C: Special Permit No. 22-SUIKAN-1577 of
29November2010 covered the entire area of “the waters south of 60 S, east of 35 E, west of
145 W” [Annex 87].
89 10°N 0° 10°S 20°S 30°S 40°S 50°S 60°S 70°S 80°S
80°W 80°W
I
100°W 100°W
120°W 120°W
140°W 140°W
160°W 160°W
180° 180°
160°E 160°E
140°E 140°E
Prepared by the Australian Government (Australian Antarctic Division) 2011.
120°E 120°E
100°E IV 100°E VI
A B C
80°E Prorucetile80°Ec3a5to°rS
0 1000 2000 3000 4000 5000 km
60°E 60°E
40°E 40°E
20°E 20°E
0° 0°
20°W 20°W
II III V
40°W 40°W JARIPACSMrehnsnfOmpenrntrancBtournydary
Figure 5 Japan’s Areas of Whaling Operations under JARPA II Legend
0°
10°N 10°S 20°S 30°S 40°S 50°S 60°S 70°S 80°S
903.54 Up to the end of the 2010/11 wha ling season, Japa n killed over 10,000
whales under JARPA and JARPA II, over 24 years, including nearly 3,300 whales
under the first six whaling seasons of JA RPA II. This number of whales killed
under both programs, as reported by Japan, is illustrated in Figure 6. 276
276Figure 6 reflects the number of whales killed by Japan under JARPA and JARPA II as reported
by Japan in its various Cruise Reports and a Japan Fisheries Agency press release detailing catches
in the 2010/11 season, as follows. In respect of annual catches by Japan from the 1987/88 season
to the 2004/05 season, see: H Kato et al., Preliminary Report of the Feasibility Study on Southern
Minke Whale under the Japanese Proposal to the Special Permit, SC/40/Mi18; H Kato et al.,
Cruise Report and Preliminary Analyses of the Feasibility Study on Southern Minke Whales in
1988/89 under the Japanese Proposal to the Scientific Permit , SC/41/SHMi14; Y Fujise et al.,
Cruise Report of the Research on Southern Minke Whales in 1989/90 under the Japanese Proposal
to the Scientific Permit , SC/42/SHMi25; F Kasamatsu et al., Report of the 1990/91 Southern
Minke Whale Research Cruise under Scientific Permit in Area V , SC/43/Mi11; Y Fujise et al .,
Cruise Report of the 1991/92 Japanese Research under the Special Permit for Southern
Hemisphere Minke Whales, SC/44/SHB11; Y Fujise et al., Cruise Report of the 1992/93 Japanese
Research under the Special Permit for Southern Hemisphere Minke Whales , SC/45/SHBa12;
S Nishiwaki et al., Report of the 1993/94 Cruise of the Japanese Whale Research Programme
Under Special Permit in the Antarctic Area IV, SC/46/SH15; S Nishiwaki et al., Report of the
1994/95 Cruise of the Japanese Whale Research Programme under Special Permit (JARPA) in the
Antarctic Area V, SC/47/SH5; S Nishiwaki et al., Report of the 1995/96 Japanese Whale Research
Programme under Special Permit in the Antarctic (JARPA) in Area IV and eastern part of Area
III, SC/48/SH12; SNishiwaki et al., Report of the 1996/97 Japanese Whale Research Program
under Special Permit in the Antarctic (JARPA) in Area V and western part of Area VI ,
SC/49/SH10; H Ishikawa et al., Cruise Report of the Japanese Whale Research Program under a
Special Permit in the Antarctic (JARPA) in Area IV and Eastern Part of Area III in 1997/98 ,
SC/50/CAWS8; S Nishiwaki et al., Cruise Report of the Japanese Whale Research Program
under a Special Permit in the Antarctic (JARPA) Area V and Western Part of Area VI in 1998/99 ,
SC/51/CAWS10; H Ishikawa et al., Cruise Report of the Japanese Whale Research Program
under Special Permit in the Antarctic (JARPA) Area IV and Eastern Part of Area III in 1999/2000,
SC/52/O20; S Nishiwaki et al., Cruise Report of the Japanese Whale Research Program under
Special Permit in the Antarctic (JARPA) Area V and Western Part of Area VI in 2000/2001,
SC/53/O11; H Ishikawa et al., Cruise Report of the Japanese Whale Research Program under
Special Permit in the Antarctic (JARPA) Area IV and Eastern Part of Ar ea III in 2001/2002 ,
SC/54/O18; S Nishiwaki et al., Report of the Japanese Whale Research Program under Special
Permit in the Antarctic (JARPA) Area V and Wes tern Part of Area VI in 2002/2003 , SC/55/O6;
H Ishikawa et al., Cruise Report of the Japanese Whale Research Program under Special Permit
in the Antarctic (JARPA) Area IV and Ea stern Part of Area III in 2003/2004 , SC/56/O12;
S Nishiwaki et al., Cruise Report of the Japanese Whale Research Program under Special Permit
in the Antarctic (JARPA) Area V and Wes tern Part of Area VI in 2004/2005 , SC/57/O5, These
Cruise Reports are found at: In stitute of Cetacean Research we bsite, “Cruise Report of the
91Figure 6 – Whales Killed under JARPA and JARPA II
277
Whales killed under JARPA (minke whales only) 6,777
Whales killed under JARPA II (all species)
Minke whales 3264
Fin whales 19
Humpback whales 0
All species 3,283
Whales killed under JARPA and JARPA II (all species) 10,060
3.55 Japan’s Southern Ocean whaling has expanded progressively since 1988.
Until the 1994/95 season, Japan took an average of 303 minke whales each
season. From the 1995/96 season until the conclusion of JARPA in the 2004/05
Japanese Whale Research Program under Special Permit in the Antarctic (JARPA/JARPA II)”,
<http://www.icrwhale.org/CruiseReportJARPA.htm> on 30 March 2011.
In respect of annual catches from the 2005/06 to 2009/10 seasons, see: S Nishiwaki et al., Cruise
Report of the Second Phase of the Japanese Whale Research Program under Special Permit in the
Antarctic (JARPA II) in 20 05/2006 – Feasibility Study , SC/58/07; S Nishiwaki et al., Cruise
Report of the Second Phase of the Japanese Whale Research Program under Special Permit in the
Antarctic (JARPA II ) in 2006/2007 – Feasibility Study, SC/59/04; H Ishikawa et al., Cruise
Report of the Second Phase of the Japanese Whale Research Program under Special Permit in the
Antarctic (JARPA II) in 2007/2008 , SC/60/04; S Nishiwaki et al., Cruise Report of the Second
Phase of the Japanese Whale Research Program under Special Permit in the Antarctic (JARPA II)
in 2008/2009, SC/61/03; S Nishiwaki et al., Cruise Report of the Japanese Whale Research
Program under Special Permit in the Antarc tic – Second Phase (JARPA II) in 2009/2010 ,
SC/62/03 (collectively, “ JARPA II Cruise Reports ”. Individual Cruise Reports for particular
seasons of JARPA II are cited as, for example, “ JARPA II Cruise Report 2008/09”). [Annexes 57
to 61].
In respect of catches in the 2010/11 season, see Government of Japan, Japan Fisheries Agency,
“Results of the 24th Antarctic Ocean Cetacean Capture Survey (JARPA II) in FY2010” (Press
Release, 2March 2011) at Ministry of Agriculture, Forestry and Fisheries website,
<http://www.jfa.maff.go.jp/j/press/enyou/110321.html> on 18 April 2011 [Annex 110].
277
There is a discrepancy between this figure a nd the IWC records, which state that 6,793 minke
whales were killed under JARPA. The latter figure is cited in de la Mare et al., Antarctic Baleen
Whale Populations [Appendix 1].
92season Japan increased its target takes to 400 minke whales (plus or minus 10%)
and took an average of just over 435 minke whales each season.
3.56 Under JARPA II, Japan has more than doubled its target take to 850 minke
278
whales (plus or minus 10%). In addition, Japan has expanded the range of
species targeted to include fin and humpback whales. Japan issues permits for an
279
annual take of 50 animals fr om each of these species. In the six whaling
seasons from 2005/06 to 2010/11 under JARPA II Japan took an average of
around 544 minke whales per season and a total of 19 fin whales.
3.57 Japan has not taken a ny humpback whales to date and has issued
statements before each particular season explaining that it will not take humpback
whales for diplomatic reasons. Howeve r, Japan has not amended the JARPA II
plan to remove humpback whales from the list of targeted species and it issues
permits each year authorising their killing.
3.58 Japan conducts its whale hunts under JARPA II using the same methods
that it employed under JARPA. 280 Japan’s fleet is spearheaded by a factory ship,
the Nisshin-Maru, which is the largest vessel and is used to process killed whales
and store whale meat. The Nisshin-Maru is accompanied by a number of smaller
vessels that are used for chasing and ha rpooning whales (“whale catcher boats”)
and conducting sighting surveys. Between 2006/07 and 2008/09, five such
278
JARPA II proposal, 1 [Annex 105]; see also JARPA II Special Permits [Annexes 82 to 87].
279
This is the target take for the full JARPA II program, which commenced in 2007. During the
preceding two-year “feasibility study”, Japan author ised takes of 10 fin whales only and did not
authorise any take of humpback whales: JARPA II proposal [Annex 105], 1; see also JARPA II
Special Permits [Annexes 82 to 87].
280Japan states that its methods in JARPA II are “basically the sa me as the previous JARPA with
some modifications” which are not specified and not otherwise apparenJARPA II proposal, 1
[Annex 105].
93smaller vessels were used in whaling under JARPAII, although this was reduced
to four in 2009/10 and three in the most recent season, 2010/11. 281
3.59 Japan divides the whaling area into un its and allocates a target number of
whales to be caught in each unit. Japan claims that its whale catcher boats then
282
“sample” (that is, kill) one or tw o whales in each school sighted. Tokilla
whale targeted for “sampling”, a catch er boat engages in pursuit and fires a
283
harpoon tipped with an explosive grenade. If the whale is struck, the grenade
detonates inside it. Most whales are not killed instantaneously; the process can
284
take up to 25 minutes. In addition, some whales are struck by harpoons but not
ultimately captured by the catcher boat (t hese whales are referred to as being
285
“struck and lost”).
3.60 The whalers secure the animal to the side of the catcher boat using a rope
attached to the harpoon. If the whale is not dead at the end of this retrieval
process it is shot in the brain with a rifle. 286 The dead whales are then pulled to
the factory ship, the Nisshin-Maru, and hauled on board through a slipway at the
rear of the vessel. The Nisshin-Maru is not adequately equipped to haul on board
whales above around 18 metres; for example, in the 2006/07 season “[t]he head
and part of the body of one fin whale was to rn off and sank into the sea” as it was
281
The vessels that conduct the whale hunt each year are recorded in the special permits issued:
JARPA II Special Permits [Annexes 82 to 87].
282Japan states that “[a] maximum of two minke whales per school sighted” are sampled:
JARPA II proposal, 14 [Annex 105].
283JARPA II proposal, 21 [Annex 105].
284N Gales et al., (2008) “Is Japan’s whaling humane?” 32 Marine Policy 408, 409.
285See, for example, JARPA II Cruise Report 2006/2007, 6, where Japan states that “struck and
lost occurred in only 3 cases”.
286The use of a rifle to kill a whale is illustrated in Photo 3 below. Japan’s special permits
authorise the secondary use of a rifle:JARPA II Special Permits [Annexes 82 to 87]; see also
JARPA II proposal, 21 [Annex 105].
94pulled aboard the Nisshin-Maru. 287 Accordingly Japan now only targets
smaller-sized fin whales 288(as noted in Chapter5 of this Memorial, this creates
biases in Japan’s sampling of fin whales , which is one of many concerns raised
within the Scientific Committee about Japan’s “research”). 289
3.61 Killing a large animal moving at high speed is difficult and the process
may have a range of impacts upon the data th at can be collected from the whale.
These impacts include damage from the exploding grenade to the body tissues and
internal organs or vomiting by the whale which empties its stomach.
3.62 The following photographs, taken by Austra lian officials in the course of
direct observation of Japan’s whaling in the Southern Ocean in 2007/08,
demonstrate the process. 290
287
JARPA II Cruise Report 2006/07, 6.
288
For example, in 2009 Japan stated that it only targeted fin whales with an estimated body length
less than 18 metres “due to the limitation on NM facility [thNisshin-Maru] for pulling up the
animal onboard”: S Nishiwaki et al., Cruise Report of the Second Phase of the Japanese Whale
Research Program under Special Permit in the Antarctic (JARPA II) in 2008/2009, SC/61/03, 4.
289See Chapter 5, Section II.C(2) below.
290 These photographs were taken by Australian Government officials in February 2008, during a
surveillance operation in the Southern Ocean conducted by a Government-chartered vessel, the
MV Oceanic Viking.
95 Photo 1: A harpoon gun on one of Japan’s whale catcher boats
96Photo 2: A whale being harpooned by one of Japan’s whale catcher boats
97Photo 3: A harpooned whal e being hauled to the side of one of Japan’s
whale catcher boats, while a Japanese whaler aims a rifle at it
98hauled to the side of one of Japan’s whale catcher boats,
Photo 4: A harpooned whale being
99 to one of Japan’s whale catcher boats
Photo 5: A harpooned whale being tied
100one of Japan’s whale catcher boats
Photo 6: Two harpooned whales tied to
101 Nisshin-Maru
Photo 7: Two harpooned whales being towed to Japan’s factory ship, the
102Photo 8: A harpooned whale being hauled up the stern slipway of
Japan’s factory ship, the Nisshin-Maru
1033.63 After a dead whale is landed on the deck of the Nisshin-Maru, the whalers
291
record basic data such as its sex, length, weight and blubber thickness. The
whalers remove the blubber from the wh ale (a process known as “flensing”),
extract certain internal organs (principally its ear canal, stomach and liver, and the
ovaries of females and the testes of male s) and take samples of other tissues.
Thewhale carcass is then processed (for example, parts are salted or frozen as
whale meat for consumption). Kyodo Senpaku crew members have reported that,
since Japan expanded its catches from the 2005/06 season under JARPA II,
large
quantities of lesser quality meat are discarded overboard daily because of
292
limitations in freezer storage capacity.
3.64 As stated by Professor Mangel, le thal whaling operations are a
“disproportionate focus” of JARPA II. 293 In addition, Japan conducts some
non-lethal “research” including sigh ting surveys, collecting oceanographic
measurements such as water and air temp eratures, taking photographs of whales,
recording rubbish floating in the water, conducting surveys of krill distribution,
and taking biopsy samples of various spec ies including blue, fin and humpback
whales.
291
Japan refers to the activities conducted on the Nisshin-Maru as “biological surveys”:
S Nishiwaki et al., “Review of general methodology and survey procedure under the JARPA”,
SC/D06/J2, 5.
292
The Asahi Shimbun reported that a former Kyodo Senpaku crew member stated in 2010 that:
“When too many whales were caught, they just kept throwing the meat overboard
into the sea. My fellow crew members and I said to each other that if they have
enough to throw overboard they shouldn’t be catching so much in the first
place.”The former crew member recalls th at, when the target quota rose sharply
between 2005 and 2006, “even saleable qualitymeat was frequently thrown away”.
A Ideta, “Feature: The Greenpeace Theft Trial”, Chunichi Shimbun, 26 August 2010 (morning
edition), 12 [Annex 149].
This is corroborated in Greenpeace Japan, Whaling on Trial: Japan's whale meat scandal and the
trial of the Tokyo Two, (August 2010) at <h ttp://www.greenpeace.org/international/en/
publications/reports/whaling-on-trial/> on 2 March 2011.
293Mangel, Expert Opinion, para. 5.27 [Appendix 2].
104C. P RODUCTION ,DISTRIBUTION AND SALE OF WHALE MEAT AND OIL
3.65 Several thousand tonnes of meat are produced annually from Japan’s
so-called “scientific” whaling. This is illustrated in Figure 7, which shows annual
whale meat production from JARPA and JARPA II for those years in which Japan
has officially reported its whale meat production.
3.66 The authorised distribution of this meat is illustrated in Figure 8. The
Institute of Cetacean Research sells meat on consignment through the “Sales
Agents”, principally Kyodo Senpaku as well as, in recent years, another company
294
called the Geishoku Rabo (the “Whale Cuisine Laboratory”). Udrhe
2006/07 “By-Product Consignment Sales Agreement” with Kyodo Senpaku, the
Institute of Cetacean Research paid a co mmission of 5.58% of the sales proceeds
(exclusive of consumption tax) to Kyodo Senpaku for its services in distributing
295
the whale meat. As illustrated by Figure 8, the meat is then distributed either
for “public interest purposes”, including to schools, hospitals and for whale meat
“education initiatives”; or for “commerc ial purposes”, including to local and
wholesale markets. One of the aims of establishing Geishoku Rabo was to
develop new sales channels that were not in competition with those of
KyodoSenpaku; in 2006, for example, Geishoku Rabo commenced trial sales of
whale meat to livestock producers. 296
294Geishoku Rabo was established in 2006 to promote whale meat sales. It was established with
the support of the Japan Fisheries Agency, Kyodo Senpaku and the Institute of Cetacean Research.
See Institute of Cetacean Resear ch and Geishoku Rabo, “New or ganisation for whale meat sales
promotion”, (Press Release, March 2006) at Japan Whaling Association website,
<http://whaling.jp/press/press06_05.html> on 9 Ma rch 2011 [Annex 116], and “ Japan Fisheries
Agency and ICR Establish Whale Meat Retailing Company, Develop New Sales Channels’, Isana
26 (Japan Whaling Association), 2006 [Annex 117].
295Institute of Cetacean Research and Kyodo Senpaku Kaisha Ltd, By-Product Consignment Sales
Agreement (5 June 2007), Article 7 [Annex 118].
296“Whale meat sales to livestock producers: Targeting non-fisheries sales channNikkan
Minato Shimbun , 27 November 2006, at Japan Whaling Association website, <http://www.
whaling.jp/news/061127m.html> on 21 February 2011[Annex 134].
105 2009
2007
and 2008/09 whaling seasons are not available.
2005
2003
based on data reported byJapan. *Data for 1987/88 to 1990/91, 2006/07
Prepared bythe Australian Government (Australian Antarctic Division), 2011,
2001
1999
Year
1997
1995
1993
1991
1989
1987
0
500
Figure 7 -3,500n's Repo3,000Producti2,500 Whale Me2,000der JARP1,500 JARPA I1,000
Production of whale meat (tonnes)
1063.67 The authorised distribution of this meat is illustrated in Figure 8. The
Institute of Cetacean Research sells meat on consignment through the “Sales
Agents”, principally Kyodo Senpaku as well as, in recent years, another company
297
called the Geishoku Rabo (the “Whale Cuisine Laboratory”). Undrhe
2006/07 “By-Product Consignment Sales Agreement” with Kyodo Senpaku, the
Institute of Cetacean Research paid a co mmission of 5.58% of the sales proceeds
(exclusive of consumption tax) to Kyodo Senpaku for its services in distributing
the whale meat. 298 As illustrated by Figure 8, the meat is then distributed either
for “public interest purposes”, including to schools, hospitals and for whale meat
“education initiatives”; or for “commerc ial purposes”, including to local and
wholesale markets. One of the aims of establishing Geishoku Rabo was to
develop new sales channels that were not in competition with those of
KyodoSenpaku; in 2006, for example, Geishoku Rabo commenced trial sales of
299
whale meat to livestock producers.
297
Geishoku Rabo was established in 2006 to promote whale meat sales. It was established with
the support of the Japan Fisheries Agency, Kyodo Senpaku and the Institute of Cetacean Research.
See Institute of Cetacean Resear ch and Geishoku Rabo, “New or ganisation for whale meat sales
promotion”, (Press Release, March 2006) at Japan Whaling Association website,
<http://whaling.jp/press/press06_05.html> on 9 Ma rch 2011 [Annex 116], and “ Japan Fisheries
Agency and ICR Establish Whale Meat Retailing Company, Develop New Sales Channels’, Isana
26 (Japan Whaling Association), 2006 [Annex 117].
298Institute of Cetacean Research and Kyodo Senpaku Kaisha Ltd, By-Product Consignment Sales
Agreement (5 June 2007), Article 7 [Annex 118].
299“Whale meat sales to livestock producers: Targeting non-fisheries sales channeNikkan
Minato Shimbun , 27 November 2006, at Japan Whaling Association website, <http://www.
whaling.jp/news/061127m.html> on 21 February 2011[Annex 134].
107 Figure 8 – Whale meat “By-Product” Sales Distribution Chain
Source: Institute of Cetacean Research, “2007 Fiscal Year Antarctic Ocean Cetacean
Capture Research Program: Request for Authorisation of Sale of Whale Products”,
(ICR No. 1026, 22 May 2008), 4 [Annex 119].
3.68 The Institute of Cetacean Research is required to obtain annual approval
from the Director-General of the Japan Fisheries Agency to sell whale meat
108produced during its “research”. 300 The authorised sales period for whale meat
produced under JARPA II is around one month from July to August each year; 301
new “early buyer discount” periods in April and May were introduced in 2010. 302
Annual sales prices are set in advance by the Institute of Cetacean Research
303
“under the direction of the [Japan] Fisheries Agency”. Pursuant to the
Guidelines issued by the Administrative Vice-Minister for Agriculture, Forestry
304
and Fisheries, the Institute is required to repo rt annually to the Japan Fisheries
305
Agency on its sales of whale meat.
3.69 It is important to note that Fi gure 8 represents the authorised sales and
distribution of whale meat from Japan’s “scientific” whaling. There are also
reports of unauthorised transfers and sales of whale meat produced through
Japan’s “scientific” whaling. In 2008, repor ts emerged that significant quantities
of whale meat prime cuts were covertly taken from the Nisshin-Maru on its return
300Government of Japan, Re: Implementation of the Cetacean Research Capture Project, Directive
of the Director-General of the Japan Fisheries Agency, 1987 Sea Fisheries No 3777 (17 December
1987 as updated to 28 March 2007), ArticleII(1) [Annex 101]; Special Survey Projects Business
and Service Document (24 November 1988), Article 13(i) [Annex 111].
301For example, see Institute of Cetacean Research, 2007 Fiscal Year Southern Ocean Cetacean
Research Capture Program: Report on Sale of Whale Products (ICR No. 1036, 1 September 2008)
[Annex 120].
302
Institute of Cetacean Research, “2009–10 Southern Ocean Re search Whaling By-Product
Sales” (Press Release, 14 April 2010) at Institute of Cetacean Research website,
<http://www.icrwhale.org/100414ReleaseJp.htm> on 16 April 2011 [Annex 122].
303Institute of Cetacean Research, Rules for the Processing and Sale of By-Products of the
Cetacean Capture Research Program (ICRNo.570, 12 January 2001 and as amended to
31 May 2006), rule III(3) [Annex 114].
304
Government of Japan, Cetacean Research Capture Proj ect Implementation Guidelines ,
Directive issued by order of the Administrativ e Vice-Minister for Agriculture, Forestry and
Fisheries, (62Sea Fisheries No . 3775, 17 December 1987), pa ra. 5 [Annex 100]; see also Special
Survey Projects Business and Service Document (24 November 1988), Article 13(iii) [Annex 111].
305
For example, see Institute of Cetacean Research, 2007 Fiscal Year Antarctic Ocean Cetacean
Research Capture Program: Report on Sale of Whale Products (ICR No. 1036, 1 September 2008)
[Annex 120].
109from annual Southern Ocean whaling operations. 306 The meat was allegedly
received by Kyodo Senpaku crew members and Institute of Cetacean Research
employees and in many cases sold to local retailers and suppliers in contravention
of official rules on the distribution of whale meat. The Institute of Cetacean
Research and Kyodo Senpaku reported that under a long-standing practice each of
the 215 Kyodo Senpaku crew members and th e 26 Institute of Cetacean Research
personnel in the fleet had received near ly 10 kilograms of whale meat “gifts”. 307
Although it defended these practices, the In stitute announced that henceforth its
personnel would no longer accept this meat. 308 The following year, after the
2009/10 whaling season under JARPA II, Kyodo Senpaku reported publicly that
over 1.7 tonnes of whale meat had been distributed to its crew members. 309
3.70 Government officials involved in Japan’s “scientific” whaling have also
received whale meat “gifts”. In2010, the Government reprimanded five Japan
Fisheries Agency officials who had received whale meat “gifts” from
KyodoSenpaku since around 1999, provided “strong warnings” to two senior
306“Suspicion Arises over Research Whaling Pr ogram. Former Crew Member Says Company
Approved”, Asahi Shimbun, 15 May 2008 (morning edition), 3 [Annex 138]. See also “Fisheries
Agency Personnel Disciplined for Accepting Whale meat. Five Supervisors on Research Whaling
Vessel”, Hokkaido Shimbun, 23 December 2010, 25 [Annex 150]. Further information about this
is provided in Greenpeace Japan, Whaling on Trial: Japan's whale meat scandal and the trial of
the Tokyo Two (August 2010) at <http://www.gr eenpeace.org/international/en/
publications/reports/whaling-on-trial/> on 2 Ma rch 2011. Greenpeace Japan also intercepted a
package containing ov er 23 kilograms of unesu whale meat (a prime cut) sent to one particular
crew member and provided it to Japanese author ities as evidence of alleged embezzlement. Two
Greenpeace Japan investigators were subsequently arrested, detained and convicted of theft. Their
conviction is currently under appeal.
307
“‘No On-selling of Whale Meat’: ICR Investigation Report. Allegations of Unauthorised
Removal of Whale Meat”, Asahi Shimbun, 19 July 2008 [Annex 140].
308Ibid.
309 rd
Kyodo Senpaku, “Production and handling of souvenirs and dispensations from the 23
Antarctic Ocean Cetacean Research Capture Prog ram”, (Press Release, 11 May 2010) at Japan
Whaling Association website, <http://whaling.jp/press/press100511.html> on 9March 2011
[Annex 124].
110officials in connection with the matter, and requested both the Institute of
Cetacean Research and Kyodo Senpaku to stop sending such gifts to its
310
officials. Inaddition, Japanese Government members and other Diet Members
attend large whale meat eating events hos ted by the Society for the Protection of
Whale Culinary Culture at which they sample prime cuts. The twenty-second
annual Event for the Promotion of Whale Culinary Culture held in May 2010, for
example, included some 600 guests compri sing a large number of Diet Members
from all political parties, including then Minister for Agriculture, Forestry and
311
Fisheries, Hirotaka Akamatsu.
3.71 In addition to the production of wh ale meat, Japan has also produced
whale oil during its Southern Ocean whaling operations. It has used this whale oil
as fuel for the Nisshin-Maru, the factory ship used in these operations. For
example, in each of the whaling seasons from 1993/94 to 1997/98, Japan reported
312
producing between 18 tonnes a nd 66.7 tonnes of whale oil, which it reported
310
“Fisheries Agency Personnel Disciplined for Accepting Whale meat. Five Supervisors on
Research Whaling Vessel”, Hokkaido Shimbun , 23 December 2010, 25 [Annex 150]; see also
“Fisheries agency warned not to accept whale meat gifts”,Japan Today, 24 December 2010, at
<http://www.japantoday.com/category/national/view/fisheries-agency-warne…-
whale-meat-gifts> on 18 April 2011.
311“Vows to Fight the Good Fight at IWC Meeting”, Minato Shimbun , 24May 2010, 3
[Annex144]; “Reaffirmation of Whale Meat Culinary Culture”, Suisan-Keizai, 24May 2010, 6
[Annex 145].
312
S Nishiwaki et al., Report of the 1993/94 Cruise of the Japanese Whale Research Programme
Under Special Permit in the Antarctic Area IV , SC/46/SH15, 28; S Nishiwaki et al., Report of the
1994/95 Cruise of the Japanese Whale Resear ch Programme Under Special Permit (JARPA) in
the Antarctic Area V, SC/47/SH5, 26; S Nishiwaki et al., Report of the 1995/96 Japanese Whale
Research Programme Under Special Permit in the Antarctic (JARPA) in Area IV and eastern part
of Area III, SC/48/SH12, 46; S Nishiwaki et al., Report of the 1996/97 Japanese Whale Research
Program Under Special Permit in the Antarctic (JARPA) in Area V and the western part of Area
VI, 24; H Ishikawa et al., Cruise Report of the Japanese Whale Research Program under a Special
Permit in the Antarctic (JARPA) Area IV an d Eastern Part of Area III in 1997/98 ,
SC/50/CAWS8, 7.
111 313
was “consumed as fuel of Nisshin-Maru [sic]”. In the year of highest
production (1996/97), Japan produced an average of 155.6 kilograms of whale oil
per minke whale caught.
313S Nishiwaki et al., Report of the 1993/94 Cruise of the Japanese Whale Research Programme
Under Special Permit in the Antarctic Area IV , SC/46/SH15, 28; S Nishiwaki et al., Report of the
1994/95 Cruise of the Japanese Whale Resear ch Programme Under Special Permit (JARPA) in
the Antarctic Area V, SC/47/SH5, 26; S Nishiwaki et al., Report of the 1995/96 Japanese Whale
Research Programme Under Special Permit in the Antarctic (JARPA) in Area IV and eastern part
of Area III, SC/48/SH12, 46; S Nishiwaki et al., Report of the 1996/97 Japanese Whale Research
Program Under Special Permit in the Antarctic (JARPA) in Area V and the western part of Area
VI, 24 [original reports in English].
112 S ECTION III. T HE “ SCIENTIFIC ” W HALING B USINESS M ODEL
3.72 The basic structure of Japan’s “scientific” whaling business model was set
in the initial development of its “resear ch” program as early as 1984 and remains
in place today. As noted above, the Government stipulated that the purported
“scientific” whaling program was to enable continued whaling, over a long period,
on a self-funding basis.4This underpins Japan’s “scientific” whaling business
model, by which the revenue from the sa le of whale meat by-products largely
funds ongoing whaling operations. In shor t, without revenue from whale meat
sales, continued “scientific” whaling operations would not be viable and
KyodoSenpaku and the Institute of Cetacean Research would lose the bulk of
their income.
3.73 This Section examines that busines s model, focussing on how the model
requires lethal methods and how economi c considerations have driven both
official catch targets and actual catches of whales. It will be seen that, in
commencing JARPAII in 2005/06, Japan in creased its officially stated catch
targets as part of an effort to increase production of whale meat, to promote whale
meat consumption through better marketing and accordingly to generate increased
revenue for key stakeholders. Itwillalsobeseenthat – following the failure of
attempts to increase demand for whale meat – Japan has now moved to limit its
actual catches to well below these officially stated targets. Finally, this Section
examines how the business model of “scientific” whaling is intended to ensure the
maintenance of the industry’s pelagic wha ling capacity and to provide retirement
opportunities for senior Government bureaucrats.
3.74 The design and conduct of Japan’s purported “research” under JARPA II
is driven by the economic considerations which underpin the “scientific” whaling
business model. It is clear that, in gi ving effect to these overriding commercial
31See Section I.D of this Chapter above.
113considerations, JARPAII is in fundamen tal conflict with the requirements of
established scientific process.
A. N ECESSITY TO KILL WHALES AS PART OF THE “RESEARCH ”
3.75 As noted earlier, the business model of “scientific” whaling established by
Japan relies on the production and sale of whale meat to fund continued whaling
operations. This means that the Institute of Cetacean Research is required by
economic necessity to use lethal methods. This is despite the fact that, as outlined
in Chapter5 of this Memorial, the data collected by Ja pan through its continued
whaling is neither useful nor reliable: killing whales is simply not the most
effective way to obtain knowledge that is important for the conservation and
management of whales.
3.76 In this respect it is relevant to note that one of the justifications provided
by Japan for killing whales as a purported method of “research” is that this
method produces whale meat which can be sold to fund ongoing whaling. Also,
proponents for JARPA note that “[t]he offsetting of costs is not possible using
315
non-lethal techniques”. In a 2007 paper to the Sc ientific Committee, Japan set
out four “practical considerations” favouring lethal methods of research, three of
which highlight the high costs of research. Japan expressly justifies lethal
“research” on the grounds that it permits “cost recovery”: “lethal methods which
could earn research cost [sic] are most desirable”. 316 The paper posited another
“advantage” of lethal methods as being that, unlike non-letha l research, killing
315Annex H, “Summary Statements Supporting the Use of Lethal Removal and Refuting its Use,
as it Pertains to the Collection of Information on Stock Structure”, Report of the Intersessional
Working Group to Review Data and Results from Special Permit Research on Minke Whales in the
Antarctic, Tokyo, 12-16 May 1997, Rep. int. Whal. Commn 48, 1998, 412.
316
S Ohsumi, M Goto and S Otani, “Necessity of combining lethal and non-lethal methods for
whale population research and their application in JARPA”, SC/59/O2, 2-3.
114 317
whales allows the “utilization of resources”. These statements highlight the
economic interests underpinning the “scien tific” whaling business model and its
reliance on revenue from continued “res earch” whaling to fund that whaling.
Plainly, as other members of the Scient ific Committee have pointed out, these
economic considerations have the potential to compromise the scientific validity
of the purported “research”. 318
3.77 Advocates for Japan’s “research” whaling have similarly justified it on the
basis that lethal “research” whaling genera tes revenue to recoup costs. In doing
so, however, at least one such advocate, Professor Douglas Butterworth, a
long-term member of the Scientific Committee, has highlighted how the necessity
to generate revenue has dictated the use of methods for which there is “poor”
empirical evidence of their value to an improved management procedure:
As far as the lethal components of these research programmes [those of Iceland,
Japan and Norway] are concerned, the empi rical evidence thus far of their value
towards an improved basis for management is poor. However, the [non-lethal]
sighting survey component of this research to provide estimates of abundance is
agreed to be essential. Potentially the strongest defence for ‘scientific whaling’ is
that because surveys are enormously expensive, it is not unreasonable to recover the
costs through harvests that are sufficiently low to pose no risk to the stock. But the
countries concerned have never argued this, perhaps because they preferred the
319
combination of a legally stronger, but scientifically weaker, case.
3.78 Professor Butterworth’s statement highlights the non-scientific purposes of
Japan’s lethal “research” whaling. Clearly, the recovery of costs from “research”
whaling is by no means a sufficient, or i ndeed any, “defence” for the use of lethal
methods of “research” allegedly pursuant to Article VIII of the ICRW.
3.79 A paper seeking to justify Japan’s “research”, published by the Institute of
Cetacean Research in 1992, similarly argue d that although “[t]he scientists
employed at the ICR are genuinely interested in science for its own sake… [T]he
317
Ibid., Table 1, 4.
318J. Cetacean Res. Manage. 10 (Suppl.), 2008, 343.
319D Butterworth, “Science and sentimentality”, Nature 357 (18 June 1992) 532, 532.
115scientists are ultimately pawns. It is not they who decide whether whales are
caught or how many… One reality which administrators must face is that,
regardless of the scientific merit of catching samples, the research could not
continue without the income from selling the by-products”. 320
B. INCREASE IN SCALE OF JAPAN ’S “SCIENTIFIC ” WHALING TARGETS FROM 1987/88
3.80 The original JARPA proposal had, as noted above, provided for annual
catches of 825 minke whales and 50 sp erm whales, which the whaling industry
had deemed sufficient to sustain its operations. 321 Following political pressure,
the scale of the plan was significantly reduced to 300 minke whales per year (with
322
no sperm whales targeted) in an in itial two year “feasibility study”. Since that
time, Japan has progressively increased its official “scientific” whaling catch
targets under JARPA and JARPA II, and from 1994 commenced and subsequently
expanded “scientific” whaling in the No rth Pacific under JARPN and JARPN II,
as illustrated in Figure 9. This has pr ovided an opportunity for the industry to
increase its production of whale meat and, accordingly, for Kyodo Senpaku and
the Institute of Cetacean Research to increase their revenue. Indeed, the current
JARPA II target catches of 850 minke wh ales (plus or minus 10%) as well as
50 fin and 50 humpback whales are above the initial targets in the original JARPA
proposal.
320S Ward, Biological Samples and Balance Sheets (Institute of Cetacean Research, 1992), 35
[Annex 112].
321T Kasuya, “Japanese Whaling and Othe r Cetacean Fisheries”, (2007) 14(1) Env Sci Pollut Res
39, 45-6 [Annex 77].
322See Section I.D of this Chapter above.
116 JARJPAARaPnNAdRJPAAI N II
Program
Division), 2011, based on data reported byJapan.
Prepared bythe Australian Government (Australian Antarctic
Year
1987 1989 1991 1993 1995 1997 1999 2001
0
900 800 700 600 500 400 300 200 100
Figure 9 1,500an1,400c1,300f1,200ha1,100M1,000m Catch Targets, 1987/88 to 2010/11
Maximum target catch
1173.81 Japan has provided no cogent scientific justification for this increase in
323
proposed catches under JARPA II. This is because no cogent scientific
justification exists. This was revealed by Japan’s Minister for Agriculture,
Forestry and Fisheries, Hirotaka Akamat su, who stated in a press conference on
9 March 2010:
[W]ith regard to the whales in the Antarctic Ocean, let’s say the catch is 800 whales,
well we don’t actually need 800; I mean it’s more than we need – we324uld have
enough material for research with that or less than that number of whales.
3.82 A similar admission was made by To shirou Shirasu, Administrative
Vice-Minister, Ministry of Agriculture, Forestry and Fisheries, in a press
conference on 14 April 2008. Reporting on the most recent whaling season under
JARPA II (2007/08), Shirasu stated that “t he required research was done” despite
the fact that Japan caught just 60% of its target for minke whales. 325 These are
stark admissions at the highest levels of Japan’s Government that Japan’s target
catches under JARPA II are not based on scientific considerations.
3.83 In fact, Japan’s decision to significan tly increase its stat ed targets at the
commencement of JARPA II was driven by the economic interests of key
participants in Japan’s pelagic whali ng industry. The aim was to increase the
amount of whale meat produced under the program and to generate more revenue
through increased sales. In the first year of JARPA II (2005/06), Japan produced
3,441tonnes of whale meat, a significant increase from the final year of JARPA
326
(2004/05) when Japan produced a total of 1,892tonnes. The amount of whale
meat produced under JARPA II was to rise further with the proposed take of
323See Chapter 5, Section II.B(3).
324Government of Japan, Minister for Agriculture, Forestry and Fisheries (H Akamatsu),
Transcript of Press Conference, 9 March 2010 [Annex 107].
325Government of Japan, Administrative Vice-Minister, Ministry of Agriculture, Forestry and
Fisheries (T Shirasu), Transcript of Press Conference, 14 April 2008 [Annex 106].
326Figure 7 – Japan’s Reported Production of Whale Meat under JARPA and JARPA II:
Section II.C of this Chapter.
11850fin and 50 humpback whales from 2007/08. Together with additional
production from expanded catch targets in Japan’s northern Pacific whaling under
JARPN II, total production of meat under Japan’s “scientific” whaling was
327
predicted to increase to some 7,000 to 8,000 tonnes per year from 2007.
3.84 Given the reliance on revenue from the sale of this meat to fund continued
operations, it was critical for the viability of Japan’s “scientific” whaling business
that consumption of and demand for whale meat in Japan increased
commensurately with expanded pr oduction. Accordingly, from the
commencement of JARPA II, the pelagic whaling industry together with the
Government intensified efforts to promote whale meat consumption. 328 In
December 2005, the Institute of Cetacean Research cut the wholesale price of
whale meat by 20%, to around ¥2,000 per kilogram (approximately US$16.50)
329
(for red meat). The Institute of Cetacean Research, the Japan Fisheries Agency
and Kyodo Senpaku also cooperated in th e establishment in May 2006 of a new
company, Geishoku Rabo, with the expressed aim to “open up new sales
channels” for whale meat alongside the existing retail sales channels used by
330
Kyodo Senpaku. Kyodo Senpaku made a loan of ¥20 million (approximately
327
T Miyazaki, “So That’s Why! Economics: Marketing Power-up, Boosting Excess Consumption
at Pubs and School Lunches”, Yomiuri Shimbun, 5September 2006 (morning edition), 11
[Annex 133].
328
Ibid.
329
Ibid.; K Nakano, “To Protect Whale Eating Culture, The Japan Fisheries Agency Supports A
Meat Wholesaler to Develop Sales Channels Targeting School Lunches”, Nikkei Sangyo Shimbun,
29 May 2006, 21 [Annex 130].
330“Japan Fisheries Agency and ICR Establish Whale Meat Retail Company, Develop New Sales
Channels”, Isana 26 (Japan Whaling Association, June 2006) [Annex 117]; see also K Nakano,
“To Protect Whale Eating Culture, The Japan Fisheries Agency Supports A Meat Wholesaler to
Develop Sales Channels Targeting School Lunches”, Nikkei Sangyo Shimbun, 29May 2006, 21
[Annex 130].
119 331
US$170,000) to provide start-up operating capital for Geishoku Rabo, while the
rules governing the sales of “by-products” were amended to relax conditions on
332
the distribution of whale meat.
3.85 The intention was to increase whale meat production while at the same
time promoting consumption to generate increased revenue. Masayuki Komatsu,
until 2005 a senior Japan Fisheries Agen cy official with responsibility for
“scientific” whaling, explained:
The expansion of scientific whaling [under JARPA II and JARPN II] has now also
boosted the hopes of those waiting for whale meat. They will be able to buy whale
meat at cheaper prices with an increase in the amount coming onto the market as a
result of the increased quota…
The distribution of whale pr oduct also benefits the gov ernment. Proceeds from the
whale product substantially improved the hitherto insufficient fiscal administration
of the Institute of Cetacean Research and Kyodo Senpaku. This was not so much the
case following the whaling conducted in the north-west Pacific, but the effect was
particularly marked following the [incre ase in] Antarctic Ocean whaling where the
minke whales are quite large in size.
3.86 As set out in the following Section, this plan has failed. Japan has
remained unable to resuscitate demand fo r whale meat. Frozen stockpiles of
unsold whale meat have increased consid erably. This threatens the financial
viability of “scientific” whaling, and has led Japan to change the way it conducts
its “research” – notably, cutting actual catches to well below stated targets to
reduce production – and to redouble efforts to promote whale meat consumption.
331K Nakano, “To Protect Whale Eating Culture, The Japan Fisheries Agency Supports A Meat
Wholesaler to Develop Sales Channels Targeting School Lunches”, Nikkei Sangyo Shimbun,
29 May 2006, 21 [Annex 130].
332
Institute of Cetacean Resear ch and Geishoku Rabo, LLC, “New organisation for whale meat
sales promotion”, (Press Release, Ma2006) at Japan Whaling Association website,
<http://whaling.jp/press/press06_05.html> on 9 March 2011 [Annex116]; see also Institute of
Cetacean Research, Rules for the Processing and Sale of By-Products of the Cetacean Capture
Research Program , (ICRNo.570, 12 January 2001 and as amended to 31 May 2006)
[Annex 114].
333
M Komatsu, International Whale Wars (PHP Institute Co. Ltd., 2010), 112 [Annex 80].
120C. U NSOLD WHALE MEAT AND ITS EFFECT ON THE CONDUCT ON “SCIENTIFIC ”
WHALING
(1) Increased stockpiles of unsold frozen whale meat from Japan’s “research”
3.87 Japan’s “scientific” whaling busines s depends not only on the production
of whale meat through continued whaling operations but also on the ability to sell
the meat. However, consumption of whale meat in Japan has dropped
considerably and demand remains very low. At the peak, in 1962, Japanese
people consumed around 2.4 ki lograms of whale meat per capita each year,
dropping to 200 grams in 1985 (before Japa n withdrew its objection to the
moratorium). 334 Average consumption is currently around 50 grams per capita. 335
3.88 Since Japan expanded its whaling under JARPN II and, particularly, under
JARPA II, the whaling industry has been unable to sell all the meat “by-products”
of its “research”. The unsold products ar e stored at high cost in vast frozen
stockpiles in freezer warehouses across th e country. Arecent report estimated,
based on official Government statis tics, that as of December 2010 around
5,500tonnes of whale meat were stored in some 500 freezer warehouses. The
report assessed that additional whale meat – bringing the total stockpile to over
6,000 tonnes – may be held in around 150 additional warehouses which the
336
Government excluded from its 2010 statistics. Estimated stockpiles of whale
meat from 1997 are illustrated in Figur e 10. The value of this whale meat
334Government of Japan, Japan Fisheries Agency, “Whale Meat Consumption Per Capita in
Japan”, under cover of facsimile from Takanori Ohashi, Japan Fisheries Agency, to MrPuplick,
Chairman, National Task Force on Whaling, Government of Australia, 18 April 1997
[Annex 104].
335
T Miyazaki, “So That’s Why! Economics: Marketing Power-up, Boosting Excess Consumption
at Pubs and School Lunches”, Yomiuri Shimbun, 5September 2006 (morning edition), 11
[Annex 133].
336J Sakuma, “Rapidly rising whale meat stockpiles and the emergence of hidden reserves:
Freezers excluded from official statistics and Icelandic fin whale meIKA-NET News 47
(January 2011) [Annex 81].
121stockpile is difficult to estimate wit hout knowing the types and quality of the
meat. However, at the 2006 price of ¥2,000 per kilogram, a whale meat stockpile
of 5,500 tonnes would be worth some ¥12 billion (approximately US$145
million).
3.89 Japan’s large stockpiles of frozen whale meat have grown largely because
demand for whale meat has remained very low, while the supply of “research
by-product” has increased. It had been hoped that Geishoku Rabo alone would be
able to sell up to 3,000 tonnes of whale meat annually, accounting for much of the
337
additional production under JARPA II, yet by 2008 it was reported that
338
Geishoku Rabo had “achieved only a fraction of its sales”. In 2009 and 2011,
the other “Sales Agent”, Kyodo Senpaku, reported significant falls in whale meat
339
sales. Figure 10 shows how increased production has led to concomitant
increases in whale meat stockpiles; in 2006 for example, following the first season
of JARPA II in which an unprecedented number of whales were killed, stockpiles
jumped to some 6,000tonnes. While this increased producti on was intended to
lead to increased revenue, in fact it di d not. The problem for Japan’s “scientific”
whaling business model was that Ja panese people did not increase
correspondingly their consumption of whale meat.
337K Nakano, “To Protect Whale Eating Culture, The Japan Fisheries Agency Supports A Meat
Wholesaler to Develop Sales Channels Targeting School Lunches”, Nikkei Sangyo Shimbun,
29 May 2006, 21 [Annex 130].
338K Oyamada, “(From the coalface) Whale M eat Goes Unsold. Su pplies Increasing, But
Distribution Channels Not Expanding. Government-Backed Distributor Operating at Loss”, Asahi
Shimbun, 19 February 2008 (morning edition), 8 [Annex 137].
339“IWC: Last Chance for Normalisation. Three Whaling Organisation Chiefs”, Seafood Sector
Journal, 1490 (March 2009) 26 [Annex142]; “Three Whaling-Related Organisations: Promoting
Whale Meat by Strengthen ing the Sales Structure”, Minato Shimbun , 24 January 2011, 6
[Annex 152]; see also Section III.C(2) of this Chapter below.
122 dden reserves: Freezers excluded from
IKA-NET News 47 (January 2011) [Annex 81].
meat stockpiles and the emergence of hi
ozen Whale Meat, 1997 to 2010
celandic fin whale meat”,
FiguSrofficial statistics and I whale
123(2) Effect of inability to sell whale meat on viability of “scientific” whaling
3.90 Low demand for whale meat in Japan and the industry’s inability to sell
whale meat “by-products” threatens the financial viability of ke y participants in
Japan’s pelagic whaling industry. As set out in its most recent Business Report,
covering the 2009/10 financial year, the In stitute of Cetacean Research’s total
costs for undertaking “scientific” whaling under JARPA II and JARPN II for that
year were over ¥6 billion (approximat ely US$68 million), while it generated
around ¥5.5 billion (approximately US$63 m illion) in revenue from the sale of
340
whale meat. This was a reduction from the pr evious financial year, in which
revenue from by-product sales amounted to almost ¥6.5 billion (approximately
341
US$69 million). The Institute relied on other sources of revenue, including
annual Government subsidies of around ¥800 million (just under approximately
US$10 million) to cover the financial loss and to fund its other activities. 342 In
addition to providing annual subsidies, the Government has also provided low
interest or interest-free lo ans to the Institute. As at 2008, the Overseas Fishery
Cooperation Foundation (an entity under th e supervision of the Ministry of
Agriculture, Forestry and Fisheries) ha d lent ¥3.6 billion (nearly US$35 million)
to the Institute, of which it was unable to pay back ¥1 billion (nea
rly US$10
million) as scheduled. 343 The 2009/10 Business Report stated that the Institute’s
340
Institute of Cetacean Research, FY2009 Business Report (30September 2010) at Institute of
Cetacean Research website, <http://www.icrwhale.org/H21jigyo.pdf> on 16 April 2011, Statement
of Changes in Net Assets [Annex 123].
341Ibid.
342Ibid.
343
K Oyamada, “Scientific Whaling: Financial Pressure. ICR misses ¥1 Billion Financing
Repayment in 2006/07 Account Settlement”, Asahi Shimbun, 2 February 2008 (morning edition), 9
[Annex 136].
124borrowings in that financial year ex ceeded ¥4.5 billion (approximately US$50
million). 344
3.91 Kyodo Senpaku’s viability and continue d operation is also threatened by
reduced levels of whale meat sales in Japan. According to a 2009 estimate,
Kyodo Senpaku is reported to generate annual profits of around ¥10-20 million
345
(approximately US$107,000 - US$214,000). This was considered insufficient
to justify necessary investments in new whaling infrastructure, particularly the
346
necessary purchase of a new wha ling factory ship to replace the Nisshin-Maru.
Any drop in whale meat sales revenue would impact Kyodo Senpaku’s financial
condition significantly. The company President, Kazuo Yamamura, noted on
19January 2009 that since autumn 2008 “s ales have sharply declined”; the
company “is facing difficult conditions, and so we are presently advancing a
347
business improvement plan”. By January 2011, President Yamamura reported
further that “the income produced through by-product sales in the first period
348
dropped 30 percent”. Clearly, the financial viability of the Institute of Cetacean
344Institute of Cetacean Research, FY2009 Business Report (30September 2010) at Institute of
Cetacean Research website, <http://www.icrwhale.org/H21jigyo .pdf> on 16 April 2011, Balance
Sheet [Annex 123].
345T Taniguchi, “Opinion. The Inside Story of Japan’s Whaling – What the Media Doesn’t Tell
Us. Taxpayer’s Money Spent, Friends Lost.”, Wedge (20 January 2009) at
<http://wedge.ismedia.jp/articles/-/721> on 15 April 2011 [Annex79]. The Asahi Shimbun
reported that in the financial year ending October 2007, Kyodo Senpaku posted sales in the order
of ¥6 billion (approximately US$51 million) and net profit of ¥5 million (approximately
US$42,000): K Oyamada, “Scientific Whaling: Financial Pressure. ICR misses ¥1 Billion
Financing Repayment in 2006/07 Account Settlement”, Asahi Shimbun, 2 February 2008 (morning
edition), 9 [Annex 136].
346T Taniguchi, “Opinion. The Inside Story of Japan’s Whaling – What the Media Doesn’t Tell
Us. Taxpayer’s Money Spent, Friends Lost.”, Wedge (20 January 2009) at
<http://wedge.ismedia.jp/articles/-/721> on 15 April 2011 [Annex 79].
347
“IWC: Last Chance for Normalisation. Three Whaling Organisation Chiefs”, Seafood Sector
Journal 1490 (March 2009) 26 [Annex 142].
348
“Three Whaling-Related Organisations: Promoting Whale Meat by Strengthening the Sales
Structure”, Minato Shimbun, 24 January 2011, 6 [Annex 152].
125Research and Kyodo Senpaku, and of the “s cientific” whaling business generally,
is under threat.
3.92 The Secretary-General of the Japan Whaling Association, Makato Ito,
stated in 2006: “unless [the whale meat] sells well, there will be a significant
349
impact on continued whaling”. The economic imperative encapsulated in this
statement drives how Japan operates its “scientific” whaling business. In response
to the reduced demand, Japan has now moved to limit its production of meat
under JARPA II. It has done so by reduc ing its actual catches to well below its
official targets in the manne r set out in the following section. This has enabled
the industry both to reduce costs and to ensure its productio n is more closely
aligned to low levels of demand for whale meat.
3.93 In addition to reducing production, Japan has also attempted to boost
demand by continued and further attemp ts to promote whale meat among the
public. The Institute of Cetacean Res earch introduced a range of new sales
methods in 2010, in order “to have more people appreciate whale meat”, including
an “early buyer” discount and sales of smaller sized products. 350 Use of a website
for sales to the general public was also considered. 351 On 20 January 2011, the
Institute of Cetacean Research, Kyodo Senpaku and the Japan Whaling
Association announced further measures to strengthen and promote whale meat
352
sales. These include reforming the way in which prices are set and changing
349K Nakano, “To Protect Whale Eating Culture, The Japan Fisheries Agency Supports A Meat
Wholesaler to Develop Sales Channels Targeting School Lunches”, Nikkei Sangyo Shimbun,
29 May 2006, 21 [Annex 130].
350Institute of Cetacean Research, “2009 – 10 Southern Ocean Research Whaling By-Product
Sales” (Press Release, 14 April 2010) at Institute of Cetacean Research website,
<http://www.icrwhale.org/100414ReleaseJp.htm> on 18 April 2011 [Annex 122].
351Ibid.
352“Three Whaling-Related Organisations: Promoting Whale Meat by Strengthening the Sales
Structure”, Minato Shimbun, 24 January 2011, 6 [Annex 152].
126distribution methods. 353 Japan’s response to the low demand for whale meat
reflects the economic imperatives underpin ning the “scientific” whaling business
model and demonstrates that the busines s is driven by econom ic rather than
scientific considerations.
(3) Japan’s reduction in actual catches under JARPA II
3.94 Japan has caught significantly fewer whal es than its official stated targets
under JARPA II, as demonstrated in Fi gure 11. The exception was the first
season of JARPA II, in 2005/06, when Japan caught 853 minke whales (within its
quota range of 850 plus or minus 10%) as well as 10 fin whales (exactly the quota
for fin whales under the feasibility study) . Subsequently, Japan’s catches have
fallen well below the officially stated targets.
353Ibid.
127 Maximcutuargtesatches
Legend
2010
Prepared by the Australian Government (Australian
2009
Antarctic Division), 2011, based on data reported byJapan.
2008
Year
2007
2006
2005
900 800 700 600 500 400 300 200 100 0
Figure 11 1100pan1000aximum Target and Actual Catches under JARPA II, 2005/06 to 2010/11
Number of whales (all species)
1283.95 Japan has attributed the subsequent s hortfall in its catches to obstructive
activities of the Sea Shepherd Conservati on Society, and indeed has claimed that
these activities forced it to cut short its 2010/11 season after killing just 20% of its
354
target of minke whales and just 4% (two whales) of its target of fin whales.
Japan has highlighted also other reasons for its reduced catch, including weather
conditions and the 2006/07 fire on board the Nisshin-Maru. 355 It is evident,
however, that Japan deliberately has reduced its intended take of whales so as not
to “flood” the whale meat market with additional supply and in order to reduce the
costs of its whaling operations.
3.96 In the 2007/08 whaling season, Japan caught 551 minke whales, around
65% of its official target of 850 animal s, and caught no fin or humpback whales.
Asked in a press conference on 14 April 2008 about the effect this “shortfall”
would have on the “research” plans for th e next year, the Vice-Minister of the
Ministry of Agriculture, Forestry and Fi sheries, Toshirou Shirasu, explained that
this issue needs to be ex amined taking into account “this year’s exact capture
356
figures and sales of whales” [emphasis added]. In this response, Vice-Minister
Shirasu revealed that Japan’s purported “scientific” whaling catches are driven by
market forces, particularly demand for whal e meat. This is consistent with the
fact that, under the business model, “s cientific” whaling is funded by revenue
from whale meat sales.
354Government of Japan, Japan Fisheries Agency , “Results of the 24th Antarctic Ocean Cetacean
Capture Survey (JARPA II) in FY2010” (Press Release, 21March 2011) at Ministry of
Agriculture, Forestry and Fisheries website, <http://www.jfa.maff.go.jp/j/press
/enyou/110321.html> on 18 April 2011 [Annex 110].
355
JARPA II Cruise Report 2006/07, 1 [Annex 58].
356Government of Japan, Administrative Vice-Minister, Ministry of Agriculture, Forestry and
Fisheries (T Shirasu), Transcript of Press Conference, 14 April 2008 [Annex 106].
1293.97 As outlined above, whale meat demand in Japan has remained low and
Japan did not seek to make up for the 2007 /08 “shortfall” in JARPA II catches.
Indeed, on 13 November 2008, the Asahi Shimbun reported that Japan had for the
first time adopted a catch target under JARPA II which was less than the stated
targets under the JARPA II proposal:
On 12 November, it was announced that the target for the government’s scientific
whaling catch will be cut for the first time . The Antarctic Ocean whaling target for
the next season’s fleet, which will soon depart, will be cut by about 20% to around
750 whales… [A]nti-whal357 group activities and sluggish demand for whale meat
featured in the decision.
3.98 According to the newspaper, the bac kground to the decision included “the
escalated obstructionist activities by American anti-whaling groups”, although:
The sluggish demand for whale meat has also forced the Government’s hand.
Although there is some structural resistance to lowering catch targets since the
proceeds from the sale of whale meat, annually ¥5-7 billion [approximately
US$48-68 million], are used to finance scientific whaling, the gap between the
supply of whale meat from scientific whaling and sluggish domestic demand has
presented a serious problem.58
The article also reported the reduced target catch as being 700 minke whales.
3.99 The Asahi Shimbun later retracted its statement that “the target for the
359
government’s scientific whaling catch will be cut for the first time”. The
correction also stated that the quote d number of 700 minke whales is not a
reduced catch target but inst ead “one of the estimate values used to calculate the
level of annual catch in the Antarctic Ocean required to keep the scientific
360
whaling operation financially viable”.
3.100 It is important to note that in the season referred to (2008/09), Japan
caught 679 minke whales, just under the reported reduced target catch.
357K Oyamada, “Sluggish Demand and Protests Encourage First Cut to Scientific Whaling Target
(Corrected copy)”, Asahi Shimbun, 13 November 2008 (morning edition), 1 [Annex 141].
358Ibid.
359Ibid.
360
Ibid.
1303.101 The Japanese Government subsequently admitted that, in respect of the
following season (2009/10), it also had adopt ed a confidential catch target well
below its previously claimed catch targets under the JARPA II proposal. This was
revealed in 7 April 2010 by Japan’s Mi nister for Agriculture, Forestry and
Fisheries, Hirotaka Akamatsu, speaking in the Japanese Diet. Questioned about
the effect of Sea Shepherd disrupti on on Japan’s operations under JARPA II,
Minister Akamatsu informed the Japanese Diet that:
[T]he research whaling catch we were able to obtain was pretty much as planned –
please understand that it is our practice not to state the number of whales – but I can
say it was approximately the number we had planned.361
In the season referred to by Minister Akamatsu (2009/10), Japan had caught
506minke whales, which according to the Minister must have been
“approximately the number [Japan] had planned”. 362
3.102 Minister Akamatsu’s statement is consistent with the views of
Masayuki Komatsu, a former senior official with responsibility for whaling policy
in the Japan Fisheries Agency when the JARPA II proposal was developed.
Mr Komatsu stated on 31 May 2010 that:
According to plans, Japan was supposed to catch up to 935 minke whales in the
Antarctic Ocean, but actually it caught only 506 in fiscal [year] 2009. This is
because of sluggish sales of whale meat. Since it is unpopular with consumers, in an
effort to cover whaling costs, Japan reduced the number of catches to maintain
price363t high levels. As a result, the expensive meat does not sell. It is a vicious
circle.
361Government of Japan, National Diet Debates, House of Representatives - Agriculture, Forestry
and Fisheries Committee - No. 6, 7April2010, Speaker: 13/76 (Hirotaka Akamatsu, Minister for
Agriculture, Forestry and Fisheries) [Annex 97].
362
Ibid.
363
H Sugimoto, “Interview / Masayuki Komatsu: Commercial whaling could be sustainably
resumed”, Asahi Shimbun , 31 May 2010, at <http://www.asahi.com/english/TKY
201005300214.html> on 9 March 2011 [Annex 143]. Komatsu later confirmed this view in an
Australia television interview: Transcript, Australian Broadcasting Corporation Television,
“Former Japanese fisheries boss joins Lateline”, Lateline 17 June 2010 at <http://www.abc.net.au/
lateline/content/2010/s2930193.htm> on 9 March 2011 [Annex 148].
1313.103 Japan attributed its shortened 2010/11 whaling season, in which 170
minke whales and 2 fin whales were kill ed, to obstructive activities by the Sea
Shepherd Conservation Society. 364 TheMainichi Shimbun newspaper in Japan
reported that:
The government cited Sea Shepherd's violent protests as the reason for aborting the
current research whaling mission. However, a drastic change in Japanese people's
eating habits is also believed to be behind the decision. The change in Japanese
people's dietary habits is a more important factor behind the decision than Sea
Shepherd's protests.65
3.104 In explaining the Government’s decision to cut short the season, Komatsu
“said determination to continue the hunt might have been undermined in part by
concerns about Japan’s growing stockpi le of unsold whale meat, which is
366
dwindling in popularity among younger consumers”. Indeed, in early 2010
before the aborted 2010/11 season, Komatsu predicted that:
[I]n the near future, whaling might even be extinguished as a result of external
pressures and the slump in sales of whale meat, the quality of which is deteriorating
by the year. As a face-saving device, th e option of abandoning scientific whaling
might even be placed on the table – 367 with obstruction by the Sea Shepherd
organisation presented as the excuse.
[emphasis added]
3.105 Japan’s reduced catches over recent seasons under JARPA II have resulted
in the production of significantly less wh ale meat than would have resulted if
Japan had caught its publicly stated catch targets. This has meant that Japan has
added significantly less meat to its exis ting stockpiles of frozen, unsold meat.
364Government of Japan, Japan Fisheries Agency , “Results of the 24th Antarctic Ocean Cetacean
Capture Survey (JARPA II) in FY2010”, (Press Release, 21March 2011) at Ministry of
Agriculture, Forestry and Fisheries website, <http://www.jfa.maff.go.jp/j/press/enyou/110321
.html> on 18 April 2011 [Annex 110].
365“Halt of Japan's whaling mission provides food for thought”, Mainichi Daily News ,
19February 2011, at <http://mdn.mainichi.jp/perspectives/editorial/news/20110219p2a00m0na
001000c.html> on 22 March 2011 [Annex 154].
366
M Dickie and P Smith, “Stay of execution: Japan suspends whale hunt”, Financial Times,
17 February 2011 [Annex 153].
367
M Komatsu, International Whale Wars (PHP Institute Co. Ltd., 2010), 62-63 [Annex 80].
132Clearly, despite the best efforts of th e Government and the pelagic whaling
industry to promote whale meat, there is insufficient demand within Japan for the
level of production that would result if Japan were to catch its full targets under its
expanded “scientific” whaling targets.
3.106 Confirming the view that Japan deliber ately catches fewer whales than its
stated targets under JARPA II, there ar e genuine doubts about whether Japan in
fact equips its “research” whaling fleet with the capacity to take and process these
targets. From the 2006/07 to 2008/09 whaling seasons, Japan’s fleet included five
support boats in addition to the main factory ship; this was reduced to four support
368
boats in 2009/10 and just three in the most recent season. Indeed, this reduction
in the number of support boats follo wed Kyodo Senpaku’s announcement in
January 2009 that, as part of its business improvement plan instituted in light of
the “difficult conditions” faced by the comp any, it would review “the number of
research vessels that [it] operate[s]”. 369 In the 2010/11 season, moreover, the
whaling fleet departed port some three weeks later than in previous years,
significantly reducing the time available for hunting and leaving little realistic
prospect of taking it entire stated annual catch targets under JARPAII. 370
368See JARPA II Special Permits [Annexes 82 to 87]; JARPA II Cruise Reports [Annexes 57 to
61]. “Support boats” refers to the smaller vessels used for chasing and harpooning whales and
conducting sighting surveys.
369“IWC: Last Chance for Normalisation. Three Whaling Organisation Chiefs”, Seafood Sector
Journal 1490 (March 2009) 26, 27 [Annex 142].
370Government of Japan, Japan Fisheries Agency , “Results of the 24th Antarctic Ocean Cetacean
Capture Survey (JARPA II) in FY2010” (Press Release, 21March 2011) at Ministry of
Agriculture, Forestry and Fisheries website, <http://www.jfa.maff.go.jp/j/press/enyou/
110321.html> on 18April 2011 [Annex110]. For the 2010/11 season, the fleet departed on 2
December 2010; in previous years, the fleet typically departed in mid-November.
133The business considerations which charac terise Japan’s “scientific” whaling are
well explained by Komatsu:
Presumably, they believed that by restricting supply, reducing operating costs and
keeping the products at a hi gh price they would meet the costs of maintaining the
fleet.71
3.107 This evidence demonstrates that Japan has reduced its target catches under
JARPA II in response to low demand for whale meat. These ch anges in target
catches are commercially driven – they have no scientific basis. Japan has also
sought to reduce costs, including by shortening its 2010/11 whaling season and, in
the 2009/10 and 2010/11 seasons, reducing the size of its whaling fleet.
D. M AINTAINING THE INDUSTRY ’S PELAGIC WHALING CAPACITY AND WHALE MEAT
SUPPLY
3.108 “Scientific” whaling supports Japan’ s whaling industry and has ensured
the maintenance of its pelagic whaling fleet as well as whaling skills and
technologies. This was a key concern of Japanese policy makers and the whaling
industry at the time Japan commenced so-called “scientific” whaling. As
DrToshioKasuya noted, the Government and the whaling industry restructured
the industry “with the view that, if they used research whaling to maintain the
whaling organisations and techniques, they would be able to resume [authorised]
commercial whaling after about ten years”. 372 This was highlighted in the
Yomiuri newspaper on 24 February 1987, which noted that:
Given that the commercial whaling industry is standing at the edge of the precipice,
if scientific whaling can be continued there will be no interruption to whaling, and to
the dissection and processing techniques the industry has developed over the past
half-century. It means too that the whaling vessels and factory ships will not be
rendered obsolete.
371M Komatsu, International Whale Wars (PHP Institute Co. Ltd., 2010), 216 [Annex 80].
372T Kasuya, “Considering the Whaling Problem”, (2005) 16Ecosophia, 56, 61 [Annex 76].
134 This is precisely why the Nippon Kyodo Hogei Company had repeatedly petitioned
the Japan Fisheries Agency to implement sc ientific whaling. Fleet Chief, Captain
Yasushi Iso, 55, was also passionate in his entreaty that “by using scientific whaling
we want to somehow manage to stay alive until the day that [authorised] commercial
373
whaling is resumed”.
3.109 Japan’s special permit whaling remains vital in sustaining whaling
technology, skills and assets. Hiroshi Ha tanaka, the Director-General of the
Institute of Cetacean Research, noted in 2004 that:
Although, unfortunately, [authorised] commercial whaling has been completely
suspended, almost all skills involved has been handed down and is carried on [sic] in
the scientific whaling projects conducted by the Institute of Cetacean Research.
3.110 Kyodo Senpaku has also described its role in a similar manner. The
President of the company stated in 2003, for example, that “[o]ur greatest mission
is the passing on of the whaling technologies and techniques to the future”. 375
3.111 In 2008, Seiji Ohsumi, a former Direct or-General of the Institute of
Cetacean Research and at the time of writing an adviser to the Institute, provided a
detailed explanation of the “vital signif icance” of “scientific” whaling while the
commercial whaling moratorium remains in force:
First, is the obvious reason of developing the scientific basis for the resumption of
whaling. Scientific whaling also contributes to the development of whaling
management technologies and methods.
Second, is the handing on and development of whaling technologies. Factory ship
whaling in particular requires the use of large-scale equipment and sophisticated
techniques that require long periods of training by whaling crews. This is why,
should whaling ever be stopped (even were resumption to be granted shortly
afterward), restarting the whaling vessels, whaling machinery and the whaling crews
would be extremely difficult. Scientific whaling is enabling whaling facilities and
373T Ito, “Imminent Lock-out from the Sea: Report on Location from the Antarctic Ocean
Whaling Grounds (Part 10)—Scientific Wha ling Budget Reinstated (serial article)”, Yomiuri
Shimbun, 24 February 1987 (evening edition), 14 [Annex 126].
374
H Hatanaka, Foreword to Institu te of Cetacean Research (ed), The 3rd Summit of Japanese
Traditional Whaling Communities: Muroto, Kochi: Report and Proceedings (Institute of Cetacean
Research, 2004), 7 [Annex 113].
375“A Message to the World: Sustainable Wha ling. Three Whaling Groups’ New Year’s Press
Conference”, The Fishing & Food Industry Weekly, 1559 (25 February 2003), 19 [Annex 128].
135 technical crews to be retained, making it possible to respond quickly to any decision
to resume [authorised commercial] whaling.76
3.112 The Japan Fisheries Agency has also recently highlighted the importance
of maintaining the capacity of the pelagi c whaling industry. As a representative
of the Far Seas Fisheries Division of the Agency stated on 15 June 2008, “[o]ur
focus is on the continuation of wha ling technology, and we believe that the
377
[whaling] business would be profitable”.
3.113 Continued whaling also maintains a s upply of whale meat to the market.
Ohsumi highlighted the importance of “scientific” whaling in “the handing on and
development of a culture of whale cuis ine… Scientific whaling supports and
advances a culture of whale cuisine through the supply of by-products from its
378
research”. TheMinistry of Agriculture, Fo restry and Fisheries similarly noted
in reported comments on 27 June 2010:
You cannot say that it’s not our dietary cu lture just because the amounts [of whale
meat eaten] are limited. As long as ther e are people who say they want to eat it and
want to do whaling, MAFF will endeavour to put in place the right environment.
E. P OSITIONS FOR FORMER OFFICIALS IN THE WHALING INDUSTRY
3.114 A practice of securing prestigious and leading positions in private industry
for retired senior public offi cials is known in Japan as amakudari (literally
meaning “descent from heaven”, also tran slated as “golden parachuting”). This
practice has been criticised as giving ri se to conflicts of interest which breach
376S Ohsumi, Half a Century in Pursuit of the Whale – Proposals for a New Era in Whaling
(Seizando-Shoten Publishing Co. Ltd, 2008), 157-158 [Annex 78].
377K Oyamada, “Commentary: Difficult Situati on Reflected in Whale Meat Consumption”, Nishi
Nippon Shimbun, 15 June 2008, 12 [Annex 139].
378S Ohsumi, Half a Century in Pursuit of the Whale – Proposals for a New Era in Whaling
(2008, Seizando-Shoten Publishing Co. Ltd), 158 [Annex 78].
379“Whale Meat Consumption – One Third of Horse Meat”, Sankei Shimbun, 27 June 2010, 25
[Annex 147].
136probity and compromise good public polic y. TheDemocratic Party of Japan
made a campaign promise before being elected to Gove rnment in 2008 to
“[e]ngage in reform, including abolition of public service corporations that are
380
hotbeds for amakudari (golden parachuting)”.
3.115 Amakudari is a prevalent and long-standing feature of the whaling
industry. Senior Japan Fisheries Agen cy officials have received executive
381
positions in the Institute of Cetacean Research. For example, Japan’s former
Commissioner to the IWC and Deputy Dire ctor-General of th e Japan Fisheries
Agency became Director-General of the Institute of Cetacean Research following
382
his retirement. Senior Japan Fisheries Agency officials have also received
executive positions in Kyodo Senpaku and the Japan Whaling Association. This
includes two officials who made statemen ts to the Japanese Diet, referred to
above, concerning whaling policy at the time the Government decided to continue
whaling under the guise of “scientific research”. 383 The availability of amakudari
opportunities in the whaling industry has provided an important incentive for
those working for the Government to con tinue whaling operations in the form of
“research”.
380
Democratic Party of Japan, “Restoring Vitality to Japan: The Democratic Party of Japan’s
Policy Platform for Government”, (Political Party Manifesto, 17 June 2010), at
<http://www.dpj.or.jp/english/manifesto/manifesto.html> on 9 March 2011, 8.
381
K Oyamada, “(Observer: Taxes – Lifestyles – Money) The Real Reasons for Continued
Whaling”, Asahi Shimbun, 18 January 2008 (morning edition), 8 [Annex 135].
382Institute of Cetacean Research, Board Members (16 September 2009), at Institute of Cetacean
Research website, <http://www.icrwhale.org/Yaku inList.pdf> (in Japanese) on 14 January 2011
[Annex 121].
383See footnotes 190 and 216 in this Chapter above.
137F. C ONCLUSION :THE FINANCIAL VIABILITY OF “SCIENTIFIC ”WHALING IS UNDER
THREAT
3.116 Clearly, the financial viability of the “scientific” whaling business model,
and of key participants within the indus try, is under threat. This was stated
unequivocally by the recently appointed Director-General of the Institute of
Cetacean Research who publicly comment ed in December 2010 that the current
“scientific” whaling business model was unvi able due to the poor sales of whale
meat as well as obstructive activities of the Sea Shepherd Conservation Society:
When whale meat was very popular, as in the old days, it was possible to raise
plenty of funds for the research in the following year. But, at present, due to the
domestic economic conditions and the obstructionist activities against scientific
whaling we aren’t able to conduct scientific whaling as planned, and it would be
impossible to say that things are going smoothly. Fundamental issues of how
unfeasible it is will emerge if we try to continue with the current process whereby
the income from the by-products is used to meet the survey costs.
3.117 The real financial problems of the “scientific” whaling business model
point to the fundamental conflict of interest presented in a “scientific” program
which has no choice but to use lethal methods to fund continued operations and
financially support key players. This compromises the authenticity of the
program from any scientific perspective, forcing it to select objectives which
require a pre-determined method of research – that is, lethal “research” – rather
than selecting proper scientific objectives and then a dopting methods best suited
to addressing those objectives. It reinforces, as will be demonstrated in Chapter 5,
that the real purpose of Japan’s “scientific” whaling is not science at all. It also
highlights the economic interests which underpin Japan’s continuation of whaling
under the guise of “research”; as will be demonstrated in Chapter 6, Japan’s
“scientific” whaling is in reality commercial whaling undertaken contrary to the
ICRW.
384“New Developments Under Severe Conditions. Interview with MrFujise, Director-General,
Institute of Cetacean Research”, Nikkan Suisan Keizai Shimbun , 27December 2010, 2
[Annex 151].
138 S ECTION IV. C ONCLUSIONS
3.118 In summary:
Japan was always determined to co ntinue whaling “in some form or
another”, despite the commercial whaling moratorium.
The Japanese Government commenced “scientific” whaling as a way
around the moratorium; in other word s, science is not Japan’s real
purpose in undertaking “scientific” whaling.
Japan’s “scientific” whaling busine ss model is designed to enable
continued lethal hunts for an inde finite period, funded by the sales of
whale meat produced by previous years’ whaling.
These economic interests drive th e conduct of Japan’s “research”,
dictating the use of lethal methodsand driving key participants to
maximise revenue.
“Scientific” whaling benefits insiders, financially su staining Japan’s
pelagic whaling industry and providing attractive retirement
opportunities for Japanese officials.
“Scientific” whaling provides a continued supply of whale meat to the
market.
3.119 Plainly, Japan’s fundamental purpos e in conducting JARPA II is not
scientific research at all. As demonstrated in Chapters 5 and 6, Japan’s whaling is
not within the scientific research exception contained in Article VIII of the ICRW
and is contrary to the commercial wh aling moratorium, the Southern Ocean
Sanctuary and other obligations in the ICRW.
139 CHAPTER 4 - THE ARTICLE VIII EXCEPTION
4.1 Japan purports to rely on Article VI II of the ICRW in the conduct of its
special permit whaling operations in the Southern Ocean (JARPA II). Article VIII
of the ICRW provides as follows:
1. Notwithstanding anything contained in this Convention any Contracting
Government may grant to any of its nationals a special permit authorizing that
national to kill, take, and treat whales for purposes of scientific research
subject to such restrictions as to numb er and subject to such other conditions
as the Contracting Government thinks fit, and the killing, taking, and treating
of whales in accordance with the provisions of this Article shall be exempt
from the operation of this Convention. Each Contracting Government shall
report at once to the Commission all such authorizations which it has granted.
Each Contracting Government may at any time revoke any such special
permit which it has granted.
2. Any whales taken under these special permits shall so far as practicable be
processed and the proceeds shall be d ealt with in accordan ce with directions
issued by the Government by which the permit was granted.
3. Each Contracting Government shall transmit to such body as may be
designated by the Commission, in so far as practicable, and at intervals of not
more than one year, scientific information available to that Government with
respect to whales and whaling, including the results of research conducted
pursuant to paragraph 1 of this Article and to Article IV.
4. Recognizing that continuous collection and analysis of biological data in
connection with the operations of factory ships and land stations are
indispensable to sound and constructive management of the whale fisheries,
the Contracting Governments will take all practicable measures to obtain such
data.
4.2 This Chapter traces the origins and development of Article VIII and sets
out the proper interpretation to be accorded to this exception consistent with
established principles of treaty interpreta tion as reflected in Articles 31 and 32 of
the Vienna Convention. It addresses also the requi rement to perform obligations
under the ICRW in good faith. That obligation is reflec ted in Article 26 of the
Vienna Convention.
4.3 In light of these principles, Articl e VIII is confined to allowing Japan,
acting in good faith, only to grant any permits that are, on the basis of objective
140criteria, permits that authorise the killing, taking and treating of whales “for
purposes of scientific research”, and for no other purpose.
4.4 In addition, any purported reliance on Ar ticle VIII by Japan is subject to
review and oversight by the IWC, as the institution properly established under the
ICRW.
4.5 Specifically, a proper interpretation of Article VIII in accordance with
principles set out in the Vienna Convention leads to the following conclusions:
(1) Article VIII special permits are to be treated as exceptional.
(2) The application of Article VIII is to be determined on an objective
basis – it is not self-judging. That is, a Contracting Government is
not entitled to determine unilaterally that it is free to issue special
permits according to its own asserted view that the killing, taking or
treating of whales under those permits is “for purposes of scientific
research”.
(3) A program of whaling “for purposes of scientific research” under
Article VIII must possess certain essential characteristics drawn
from generally accepted scientific practice and the criteria adopted
by the IWC for the review of special permits. An assessment of
whether a program possesses those essential characteristics must be
carried out on an objective basis.
(4) Activities carried out for “purposes” of scientific research must be
carried out for those purposes and not for any other purpose.
(5) Article VIII must be implemented in good faith.
4.6 As will be shown in Chapter 5, Japan has acted – and continues to act –
outside the scope of the proper interpreta tion of Article VIII in issuing permits
under JARPA II.
141 SECTION I. THE O RIGINS AND D EVELOPMENT OF A RTICLE VIII
4.7 The concept of an exception for special permit whaling was not new to the
ICRW. Although the arrangements estabished by Article VIII differed from
earlier arrangements set forth i1931 Convention and the 1937 Agreement,
Article 10 of th1937 Agreement formed the basis foArticle VIII(1) of the
ICRW. These earlier agreements pr ovide the background against which
ArticleVIII is to be inte rpreted and applied, and they support the conclusion that
special permits may only be issued under the ICRW in limited and exceptional
circumstances. Moreover, since its adoption in 1946, the Article VIII exception
has been further developed by the practi ce of Contracting Governments, and the
IWC itself, under the ICRW.
A. CONVENTION FOR THE REGULATION OFW HALING ,1931
4.8 The 1931 Convention contained no exemption for whaling conducted for
purposes of scientific research. However, ttravaux préparatoires to the
Convention indicate that some consideration was given to this issue in its drafting.
4.9 The text of the 1931 Convention evolved from a draft Convention
prepared by a Committee of Experts appointed by the Economic Committee of the
League of Nations in July 1929. The dr aft Convention text recommended by the
Committee of Experts to the Economic Co mmittee in April 1930 did not provide
for an express exemption for whaling conducted for scientific purposes.
However, the Experts’ Report which accompanied the draft Convention
142stated: “[i]t is understood that provision would have to be made to give the
385
necessary exemptions for scientific investigations.”
4.10 In its Report to the Council of the League, the Economic Committee
annexed the draft Convention prepared by the Committee of Experts with certain
minor modifications, and repeated th e Experts’ observation concerning the
386
necessity of including exemptions for scientific investigations. However, the
final text of the Convention adopted in Geneva on 24September 1931 did not
incorporate any exception for whaling c onducted for purposes of scientific
research. Notwithstanding this omissi on, domestic legislation subsequently
enacted in a number of jurisdictions , including the United Kingdom, the
387
United States and Australia, provided for such an exception.
B. A RTICLE 10,INTERNATIONAL A GREEMENT FOR THE REGULATION OF W HALING ,
1937
4.11 The notion of whaling under special permit for purposes of scientific
research was first recognised expressly in an international instrument in Article 10
of the 1937 Agreement, the text of which provided as follows:
Notwithstanding anything contained in this Agreement, any contracting Government
may grant to any of its nationals a special permit authorizing that national to kill,
take and treat whales for purposes of scient ific research subject to such restrictions
as to number and subject to such other conditions as the contracting Government
385
“Report to the Economic Committee on the Question of Whaling presented by
Sir Sydney Chapman (President) and M. Jahn (Rapporteur)”, League of Nations Doc. No. 6079/27,
Geneva, 28 April 1930, Remark IX, 2.
386“Report to the Council of the League of Nations on the Work of the Thirty-Second Session of
the Economic Committee”, Series of League of Nations Publications, Volume II: Economic and
Financial, Doc. No. C.353.M.146.1930.II, Geneva, 14 June 1930, Observation VI, 11.
387See, for example,Whaling Industry (Regulation) Act 1934 , (United Kingdom), section 7;
Whaling Act 1935 (Australia), section 12; Joint Regulations of the Secretary of the Treasury and
the Secretary of Commer ce Concerning Whaling , made under the authority of the
Whaling Treaty Act, 1 May 1936 (United States), Article 5(a).
143 thinks fit, and the killing, taking and treating of whales in accordance with the terms
in force under this Article shall be exempt from the operation of this Agreement.
Any contracting Government may at any time revoke a permit granted by it under
this Article.
4.12 According to the travaux préparatoires of the 1937 International
Conference on Whaling, 388 the final text of Article 10 is a near-verbatim adoption
of an Additional Article proposal, put forward by the United Kingdom delegation
389
at a relatively late stage in the Conference. Following minimal plenary
discussion of this text, Article 10 was adopted with only one minor amendment
from the original proposal: the final phrase of the first paragraph of Article 10 was
reworded from its original formulation – “this article shall be exempt from the
operation of the foregoing articles” – to its ultimate form – “this article shall be
390
exempt from the operation of this Agreement” [emphases added].
4.13 It will be noted that Article 10 of the 1937 Agreement did not require any
contracting Government to report on the issue of any special permits, nor did it
make explicit provision for any oversight of the issue of such permits. During the
short period in which the 1937 Agreement remained in force, it appears that no
criteria were adopted or applied to gove rn the circumstances in which a special
permit might be issued under Article 10.
388
Held in London between 24 May and 8 June 1937.
389“Agreement for the Regulation of Whaling: Additional Article”, ICW/1937/31; Agreement for
the Regulation of Whaling (subject to formal amendments of drafting by the Foreign Office
Draughtsmen), ICW/1937/32, 2.
390International Conference on Whaling, Eighth Plenary Session, 4 June 1937, ICW/1937/34, 10.
See also International Conference on Whaling, Seventh Plenary Session, 3 June 1937,
ICW/1937/33, 8.
144C. A RTICLE VIII,I NTERNATIONAL C ONVENTION FOR THE R EGULATION OF
W HALING , 1946
4.14 Article 10 of the 1937 Agreement provided the basis for what became
Article VIII of the ICRW. Article VIII was included in a proposal submitted to
the 1946 International Whali ng Conference by the United States delegation on
391
29 October 1946. This proposal formed the basis for substantive discussions of
Article VIII in subsequent Plenary and Drafting Committee sessions at the
1946 Conference.
4.15 Paragraph (1) of Article VIII replicat es almost verbatim the whole of
392
Article 10 of the 1937 Agreement. As noted in an internal US Government
memorandum concerning the United Stat es Proposals for the 1946 Conference,
the effect of this paragraph “exempts certa in scientific investigations from the
conservation regulations applicable to ordinary commercial operations ”
[emphasis added]. 393
4.16 Article VIII(1) does, however, impose an important additional requirement
on Contracting Governments that was not found in Article 10 of the
1937 Agreement, namely that “[e]ach Contracting Government shall report to the
Commission all such authoris ations which it has grante d.” This obligation was
intended to ensure that the Commission had a basis on which to exercise oversight
of special permits issued by Contracting Governments. Such oversight had been
absent under the 1937 Agreement. The additional requirement, and the oversight
for which it provides, indicates that the Article VIII exception was not intended to
be self-judging.
391“United States Proposals r a Whaling Convention”, International Whaling Conference,
29 October 1946, 1946/IWC/3, 11.
392Minutes of the Seventh Session, International Whaling Conference, 25 November 1946,
1946/IWC/32, para. 322.
393
Memorandum from the Informal Inter-agency Committee on the Regulation of Whaling to the
Commodity Problems Committee, “D raft of American Proposal for the International Whaling
Conference, Washington, November 20, 1946”, 15 October 1946, 9 [Annex 69].
1454.17 Paragraph (2) of Article VIII impose s a further requirement, namely the
full utilisation of all whales killed. This notion of full utilis ation had previously
been recognised in Article 11 of the 1937 Agreement and Article 6 of the
1931 Convention in relation to general wha ling operations covered by those
Conventions. The addition of this paragr aph in Article VIII re presented the first
time the utilisation requirement was imposed in relation to whales taken pursuant
394
to special permits for purposes of scientific research.
4.18 Similarly, paragraphs (3) and (4) of Article VIII derive from provisions
contained in the 1937 Agreement. Paragraph (3) is sourced in the obligation
contained in Article 17 of the 1937 Agreement relating to the communication of
395
statistical information. Paragraph(4), relating to the collection of data through
the operation of factory ships and land stations, is sourced in the obligation
contained in Article 16 of the 1937 Agreement. 396
4.19 Taken together, these additions indicate that the requirements of the ICRW
were more restrictive than the previous instruments as to the ability of any
Contracting Government to issue a special permit: what began in 1931 as a system
that appeared to place no limits on the ab ility of a Contracting Government to
engage in “scientific whaling” had evolved, in little more than a decade and a half,
to a system involving an institution (the IWC) having oversight of special permits
issued by Contracting Governments, with the authority to determine the proper
scope and application of the special permit whaling exception under Article VIII.
394The travaux préparatoires provide no support for the proposition that the sale of the products of
scientific research on a commercial scale is authorised by Article VIII.
395The precursor obligation in the 1931 Convention is Article 12.
396
The precursor obligation in the 1931 Convention is Article 10.
146D. D EVELOPMENT OF THE IWC PROCEDURE FOR PRIOR REVIEW OF SPECIAL
PERMITS : ARAGRAPH 30 OF THE SCHEDULE (1979)
4.20 Within a decade of the ICRW co ming into force, Contracting
Governments acted on thei r concern that all whali ng that purported to be
conducted under Article VIII had to be done in good faith and genuinely for
purposes of scientific research. 397 From 1963 onwards, the IWC moved to
develop a procedure for prior review of proposed special permits by the Scientific
Committee. This move was prompted by concerns as to the circumstances in
which special permits were being issued, a nd in particular “ins tances of permits
being given for the taking of much larger numbers of whales under [Article VIII]
398
than in the past.” The objective of this pr ior review procedure was, inter alia,
“to recognise and assure validity and utility of the proposed research, and to
assure that proposed permits will not adve rsely affect the conservation of whale
stocks”.399
4.21 At its meeting in April 1963, the Sub-Committee of the Scientific
Committee emphasised that the current practice, under which the results of
scientific investigations were merely provided to the Commission following the
conduct of research, was “inadequate on th e grounds of both scientific research
and conservation.” 400 The Sub-Committee observed that there should be some
form of approval from the Commission, both of the number of whales to be taken
as well as the proposed aims of the scien tific investigation, a nd that this should
occur prior to the issue of a special permit. This would permit the Commission to
397See below, Section II.B(1)(i) of this Chapter.
398
Report of the Scientific Committee, Appendix IV, Fourteenth Report of the Commission, 1964,
25-26, para. 15. See also Chairman’s Report, Appendix III, Sixteenth Report of the Commission ,
1966, 20, para. 18.
399
Report of the Scientific Committee, Rep. int. Whal. Commn 28, 1978, 41, para. 9.3.2.
400Meeting of Sub-Committee of Scientific Committee, Appendix VFourteenth Report of the
Commission, 1964, 110, para. 23.
147consult the Scientific Committee on the value of the proposed research
401
program. This new approach also reflected a concern to ensure that special
permits were issued in a manner compatible with the object and purpose of the
ICRW, including the commitment of Contr acting Governments to the proper and
effective conservation of whales.
4.22 Accordingly, a procedure was devel oped by the Scientific Committee and
the Commission that provided for the expans ion of the functions of the Scientific
Committee to include prior review of special permits issued by Contracting
Governments. 402 The development of this pro cedure culminated in the adoption
of paragraph 30 of the Schedule to the ICRW at the Thirty-First Meeting of the
IWC in 1979, a landmark moment in the development of the evolving system for
the issuing of special permits under Article VIII. That this should have occurred
following the 1972 Stockholm Conference and in the run up to the adoption of the
moratorium on commercial whaling, th ree years later in 1982, was not a
coincidence: it signalled the desire of th e Contracting Governments to avoid the
conduct of special permit whaling to ci rcumvent the increa singly stringent
limitations on commercial whaling.
4.23 Paragraph 30, adopted in 1979, provides:
A Contracting Government shall provide the Secretary to the International Whaling
Commission with proposed scientific permits before they are issued and in sufficient
time to allow the Scientific Committee to review and comment on them . The
proposed permits should specify:
a. objectives of the research;
b. number, sex, size and stock of the animals to be taken;
c. opportunities for participation in the research by scientists of other nations; and
401
Ibid., 110, paras. 22-23.
402See, in particular, Report of th e Scientific Committee, Appendix IV, Fourteenth Report of the
Commission, 1964, 25-26, para. 15; Chairman’s Report of the Fifteenth Meeting, Fifteenth Report
of the Commission , 1965, 20; Report of the Scientific CommitteeRep. int. Whal. Commn 28,
1978, 41, para. 9.3.2; Chairman’s Report of the Twenty-Ninth Meeting, Rep. int. Whal.
Commn 28, 1978, 23, para. 14(ii).
148 d. possible effect on conservation of stock.
Proposed permits shall be reviewed and commented on by the Scientific Committee
at Annual Meetings when possible. When permits would be granted prior to the
next Annual Meeting, the S ecretary shall send the proposed permits to members of
the Scientific Committee by mail for their comment and review. Preliminary results
of any research resulting from the permits should be made available at the next
Annual Meeting of the Scientific Committee.03
[emphasis added]
4.24 The provision provides for the review of proposed special permits before
they are issued by Contracting Government s. It confirms that the granting of
special permits is not something that ma y be done by a Contracting Government
on the basis of its own criteria and decision-making process, but rather that it must
address criteria established by the Co mmission under conditions that allow the
Commission to determine whether such crite ria have been met. Compliance with
the procedure of paragraph 30 (or lack th ereof) has been a point of continued
404
attention for the Commission.
E. D EVELOPMENT OF THE IWC G UIDELINES FOR THE REVIEW OF SPECIAL PERMITS
4.25 The adoption of the moratorium on commercial whaling in 1982 and its
entry into effect in 1985/86 was followed by a significant expansion in efforts by
certain Contracting Governments to issu e special permits under Article VIII in
405
order to avoid the effects of the moratorium. As a result, there was a significant
increase in the number of special permits that Contracting Governments, including
Japan, sought to issue under Article VIII. The conditions for the issue of such
permits came under increased scrutiny in the Commission and Scientific
403Amendments to the Schedule Adopted at the 31 stAnnual Meeting of the Commission,
Appendix10, Chairman’s Report of the Thirty-First Annual Meeting, Rep. int. Whal. Commn 30,
1980, 39.
404See, for example, Resolution on Special Permits for Scientific Research, Appendix 2,
Chairman’s Report of the Thirty-Eighth Annual Meeting, Rep. int. Whal. Commn 37, 1987, 25
(“1986 Resolution”) [Annex 43].
405See Chapter 2, Section II.D(2).
149Committee. In particular, the last annual meeting of the Commission prior to the
entry into effect of the moratorium on commercial whaling in 1985 marked the
beginning of growing concerns in the IWC as to the scope of special permit
operations being proposed and conducted by certain Contracting Governments,
particularly Japan.
4.26 To address this concern, in 1985, the IWC adopted “Annex L: Proposed
406
Guidelines for Review of Special Permits” (“ Annex L”). Annex L was the first
in a series of evolving guidelines adopted by the IWC which lay down the
detailed
criteria against which special perm it proposals should be assessed by the
proponent Contracting Government prior to issuing the relevant permit, and by the
Scientific Committee when providi ng advice to the Commission (the
“Guidelines”). Over the next quarter of a centu ry these detailed criteria were the
subject of further refinement and elabor ation. The most recent criteria were
adopted by the Commission in 2008, in the “Process for the Review of Scientific
407
Permits and Research Results from Existing Permits” (“Annex P”).
4.27 Between the adoption of Annex L in 1985 and Annex P in 2008, the IWC
adopted four important Resolutions that contributed to the evolution of the
Guidelines:
(1) the 1986 Resolution on Special Permits for Scientific Research (“ 1986
408
Resolution”);
(2) the 1987 Resolution on Scientific Permit Programmes
409
(“1987 Resolution”), which supplemented the 1986 Resolution;
406Report of the Scientific Committee, Rep. int. Whal. Commn 36, 1986, 38-39;
ProposedGuidelines for Review of Scientific Permits, Annex L, Report of the Scientific
Committee, Rep. int. Whal. Commn 36, 1986, 133 (“Annex L”) [Annex 42].
407
Process for the Review of Scientific Permitand Research Results from Existing Permits,
Report of the Scientific Committee, Annex P, J. Cetacean Res. Manage. 11 (Suppl.), 2009,
398-401 (“Annex P”) [Annex 49].
408
1986 Resolution [Annex 43].
150 (3) the 1995 Resolution on Whaling under Special Permit (“ Resolution 1995-
410
9”) which replaced both the 1986 and 1987 Resolutions; and
(4) the 1999 Resolution on Special Permits for Scientific Research which
supplemented Resolution 1995-9 (“Resolution 1999-2”). 411
4.28 The language of the Guidelines sett ing out detailed criteria gradually
evolved in specificity and emphasis in the period between 1985 and 1999.
However, the criteria laid down in these successive Resolutions follow the same
themes and are substantively consistent. On two separate occasions during this
412 413
period – in 1988 and in 2001 – the Scientific Committee undertook a process
of consolidating the numerous Guidelines with which it had been presented by the
Commission. The Committee grouped the Guidelines under five general headings
to simplify its review process: (1) th e proposal; (2) objectiv es; (3) methodology;
(4) effect of catches; and (5) research cooperation.
4.29 As discussed further at Section II.C of this Chapter, these Guidelines set
out the views of the IWC as to the criteria that must be satisfied for the
requirements of the Article VIII exception to be met. The Guidelines reflect the
fundamental concerns of the IWC surrounding the escalating conduct of lethal
409
Resolution on Scientific Research Programme s, Appendix 1, Chairman’s Report of the
Thirty-Ninth Annual Meeting, Rep. Int. Whal. Commn 38, 1988, 27-28 (“ 1987 Resolution ”)
[Annex 44].
410
Resolution on Whaling under Special Permit, Resolution 1995-9, Appendix 10, Chairman’s
Report of the Forty-Seventh Annual Meeting, Annual Report of the International Whaling
Commission 1995, 46-47 (“Resolution 1995-9”) [Annex 46].
411
Resolution on Special Permits for Scientific Research, Resolution 1999-2, Appendix 3,
Chairman’s Report of the Fifty-First Annual Meeting, Annual Report of the International Whaling
Commission 1999, 52 (“Resolution 1999-2”) [Annex 47].
412Review of Scientific Permits, Annex O, Report of the Scientific Committee, Rep. int. Whal.
Commn 39, 1989, 154 [Annex 45].
413Guidelines for the Review of Scientific Permit Proposals, Annex Y, Report of the Scientific
Committee, J. Cetacean Res. Manage. 3 (Suppl.), 2001, 371-372 [Annex 48].
151special permit operations. They focus on the need for relevant objectives, and
stress the availability of non-lethal methods to achieve those objectives.
F. C ONCLUSIONS
4.30 The conditions for the issue of special permits have evolved since they
were first introduced in 1931. In partic ular, the ICRW introduced the basis for
oversight by the Commission. The amendment of the Schedule by the
introduction of a new paragraph 30 set out for the first time detailed criteria that
had to be addressed before a Contrac ting Government could issue a permit under
Article VIII. Since then, these criteri a and the system of oversight by IWC
institutions, have been refined, beginning with the Guidelines introduced in 1985
and culminating with the adoption of Annex P in 2008.
4.31 It follows that Article VIII, in its application to JARPA II, is characterised
by the following essential features:
(1) Article VIII is a limited exception to the ICRW regime regulating the
conservation and management of whales;
(2) Article VIII, and in particular the meaning of its central phrase “for
purposes of scientific research”, is not self-judging and falls to be
determined objectively; and
(3) Special permit whaling conducted under Article VIII must meet the
essential characteristics of a program for purposes of “scientific research”,
those characteristics being reflected in the views of the IWC in its
Guidelines. 414
414These characteristics are consistent with the essential characteris tics of a program for purposes
of scientific research as identified by Professor Mangel. See Section II.C of this Chapter.
1524.32 These features also follow from the interpretation of Article VIII in
accordance with the ordinary principles of treaty interpretation. In addition, in the
light of these principles, the proper interpretation and application of Article VIII is
characterised by two further essential features:
(1) Special permit whaling carried out for “purposes” of scientific
research means whaling conducted for such purposes and not for any
other purpose; and
(2) Article VIII is subject to the re quirement under general international
law, as reflected in Article 26 of the Vienna Convention, that ICRW
obligations must be performed in good faith.
This will be established by Section II, which examines the application of the
relevant principles of treaty interpretation to Article VIII in detail.
153 S ECTION II. RELEVANT PRINCIPLES OF T REATY INTERPRETATION
AND A RTICLE VIII OF THE ICRW
4.33 The interpretation of Article VIof the ICRW is governed by the
principles set out in Articles 31 and 32 of the Vienna Convention. The application
of these principles makes clear that Japa n’s ability to issue special permits under
Article VIII must be exercised on thsis of objective criteria that determine
whether an activity is, in good faith, “for purposes of scientific research”.
4.34 Moreover, the words of Article VIII have essential characteristics that are
limitative in nature: activities for “purposes” of scientific research must be carried
out for such purposes and not for any other purpose, and permits cannot be issued
as a means of circumventing obligations arising under the Schedule of the ICRW.
These characteristics flow from the application of Article 31 oVienna
Convention, in particular the ordinary meaning to be given to Article VIII
(SectionII.A(1) below), the object purpose of the ICRW (Section II.A(2)
below), and the context of Article VIII (Section II.A(3) below), as well as the
obligation to perform Article VIII in good faith (Section II.A(4) below).
A. APPLICATION OFA RTICLE31(1)OF THEVIENNA CONVENTION
(1) The language of Article VIII and its ordinary meaning
4.35 Article VIII(1) of the ICRW provdes for the issue of permits by a
Contracting Government to its nationals that authorise the killing, taking and
treating of whales “for purposes of scientific research subject to such restrictions
as to number and subject to such other conditions as the Contracting Government
thinks fit”. Article VIII appliesotwithstanding anything contained in this
Convention”, and is expressly framed as an exception to the operation of the
ICRW. It is only where the conditions for the operation of this exception are met,
154and in particular that the whaling activity is “for purposes of scientific research”,
that whaling in purported reliance on Ar ticle VIII will be lawful within the
meaning of the Convention. In this regard, the phrase “as the Contracting
Government thinks fit” attaches only to the limitations “as to the number
and…such other conditions”. It does not attach to the description of a permit as
one “authorizing [a] national to kill, take and treat whales for purposes of
scientific research”.
4.36 Article VIII implies that permits ma y only lawfully be issued if two
separate but related conditions are met: first, the activity that is subject to the
permit must in fact be “sci entific research”; and secondly, the activity must be
“for purposes of” scientific research, and not for othe r purposes. In this way,
Article VIII is concerned both with the product of the activity (and the use to
which it is put), and with the aim (or reason) for which the activity is to be carried
out.
4.37 The concept of whaling “for purposes of scientific research” is not defined
by the ICRW. Its meaning and effect fall to be determined by reference to the
established rules of treaty interpretation, as reflected in Article 31 of the
Vienna Convention. In this regard, the permi ssion accorded to any Contracting
Government under Article VIII(1) to “grant to any of its nationals a special permit
authorizing that national to kill, take a nd treat whales for pur poses of scientific
research” is not self-judging or subjective. Rather, the meaning of Article VIII is
to be determined on an objective basis. In this case, it is for the Court to
determine the scope of the exception pr ovided by Article VIII of the ICRW in
accordance with Article 31 of the Vienna Convention.
4.38 Article 31(1) requires that treaties s hould be interpreted “in good faith in
accordance with the ordinary meaning to be given to the terms of the treaty in
their context and in the light of its object and purpose.” In applying this rule to
Article VIII, consideration will first be given to the ordinary meaning of the
155phrase “for purposes of scientific resear ch” – in particular, the meaning of two
distinct elements of the phrase, namely the meaning of the words “for purposes”
and of the words “scientific research.”
(i) The ordinary meaning of “for purposes of”
4.39 The ordinary meaning of “purpose” is “the reason for which something is
done or for which something exists.” 415
4.40 In accordance with this ordinary meaning, a proper interpretation of the
words “for purposes of” as used in the phrase “for purposes of scientific research”
requires that the activity be assessed to be genuinely motivated by an intent to
conduct scientific research, and not for any other purpose or purposes. Moreover,
a proper interpretation indicates that activity that is unlikely to generate
scientifically useful information cannot be considered to be carried out “for
purposes of scientific research”. Furthermore, the words “for purposes of” require
that it will not be sufficien t if the conduct of sc ientific research is an incidental
reason for the conduct of a particular whaling operation.
4.41 This conclusion is fully consistent with, and supported by, the approach
recently adopted by the Court in Costa Rica v. Nicaragua, where it held that,
[E]xpressly stating the purpose for which a right may be exercised implies in
principle the exclusion of all other purposes and, consequently, imposes the
limitation thus defined on the field of application of the right in question...
4.42 Accordingly, even assuming it could be established that whaling pursuant
to a particular permit issued under Article VIII is capable of being categorised as
scientific research, if th e genuine purpose of the condu ct of that whaling is
something different, that whaling would not fall within the permitted scope of the
415“purpose n.”, The Concise Oxford English Dictionary (twelfth edn), C Soanes and A Stevenson
(Eds), (Oxford University Press, 2008, Oxford Reference Online) (“The Concise Oxford English
Dictionary (twelfth edn)”).
416
Case Concerning the Dispute Regarding Navigational and Related Rights
(Costa Rica v. Nicaragua), Judgment, 13 July 2009, 28, para. 61.
156exception under Article VIII. In determin ing the “purpose” for which an activity
is carried out it is also essential to have regard to the outcome or product of that
activity, especially an activity carried out over a prolonged period of time. In the
context of whaling purportedly conducted “f or purposes of scientific research”
under Article VIII, this means examining the result of the relevant whaling
operations to determine whether thos e operations were conducted with the
genuine motivation of carrying out scientific research.
(ii) The ordinary meaning of “scientific research”
4.43 The term “scientific research” is not defined by the ICRW. Indeed, of the
40 international environmental agreements which currently contemplate the
conduct of “scientific research”, none expressly define the concept. 417
4.44 The natural and ordinary meanings of the essential components of this
phrase (“scientific”, “science” and “research”) are as follows:
Scientific: 1. relating to or based on science. 2. systematic; methodical.
Science: 1. the intellectual and practical activ ity encompassing the systematic study
of the structure and behaviour of the physical and natural world through observation
and experiment. 2. a systematically organised body of knowledge on any subject.9
Research: the systematic investigation into and study of materials and sources in
order to establish facts and reach new conclusions.
4.45 The essential nature of “science” was also defined in the Amicus Curiae
Brief submitted by, inter alia, 72 Nobel Laureates in th e United States Supreme
Court in Edwards v. Aguillard in the following terms:
Science is devoted to formulating and testing naturalistic explanations for natural
phenomena. It is a process for systematic ally collecting and recording data about
417Database of Ronald B Mitchell, 2002-2010, International Environmental Agreements Database
Project (Version 2010.3), at <http://iea.uoregon.edu/n 17 April 2011.
418“scientific adj.”, The Concise Oxford English Dictionary (twelfth edn).
419“science n.”, The Concise Oxford English Dictionary (twelfth edn).
420
“research n.”, The Concise Oxford English Dictionary (twelfth edn).
157 the physical world, then categorizing and st udying the collected 421a in an effort to
infer the principles of nature that best explain the observed phenomena.
4.46 As noted by Professor Mangel in his Expert Opinion:
The goal of science is to understand the natural world by providing a framework to
account for observations already taken and to make predictions of new observations.
This goal is achieved by putting new knowledge in the context of existing
knowledge...422
And further:
[S]cience does not consist of simply accumulating data...
Simply put, the essence of science is to extract knowledge from data...
4.47 The notion and process of science is inherently evolutionary. What
amounts to scientific research in one age may not amount to scientific research in
another age. The scientific character of an activity can only be gauged in its
contemporary setting.
4.48 Combined with the ordinary meaning of “for purposes of”, as set out
above, these definitions of “science” and “research” inform the ordinary meaning
of the composite phrase “f or purposes of scientific research”. In order to
determine the ordinary meaning of this phrase in Article VIII, Article 31(1) of the
Vienna Convention also requires that regard be had to the object and purpose of
the ICRW, as well as the context of the Article VIII exception within the
framework of the ICRW.
(2) The object and purpose of the ICRW
4.49 The ICRW establishes a system comprising institutions and procedures
that are marshalled to give effect to th e desire of the Contracting Governments to
421
Amicus Curiae Brief of 72 Nobel Laureates, 17 State Academies of Science, and 7 Other
Scientific Organizations in Support of Appellees, 18 August 1986, in Edwards v. Aguillard ,
482 U.S. 578 (1987).
422Mangel, Expert Opinion, para. 4.1 [Appendix 2].
423Ibid., paras. 4.6 and 4.7 [Appendix 2].
158take steps to conserve the global populat ion of whales. The preamble to the
ICRW provides an important guide to th e ICRW’s object and purpose, in such a
way that assists the interpretation of Article VIII. As noted by the Tribunal in the
Beagle Channel Arbitration:
Although Preambles to treaties do not usually – nor are they intended to – contain
provisions or dispositions of substance – (in short they are not operative clauses) – it
is nevertheless generally accepted that they may be relevant and important as guides
to the manner in which the Treaty should be424terpreted, and in order, as it were, to
“situate” it in respect of its object and purpose.
4.50 As noted in Chapter 2 of this Memorial, 425the preamble to the ICRW
evidences two fundamental objectives underpinning the system established by the
ICRW – first, to provide for the prope r and effective conser vation and recovery
of all whale stocks and, secondly (relying on and flowing from the first), to make
possible the “orderly development” of the whaling industry. Thus, the scientific
research that is the purpose of a special permit issued pursuant to the Article VIII
exception must be consistent with the object and purpose of the Convention, and
in particular the conservation and recovery of whale stocks.
4.51 The ICRW regime includes procedures under Article V for amending the
Schedule so as to give effect to the will of the Contracting Governments as to the
manner in which the object and purpose of the ICRW are to be given effect.
Inthis way, while the object and purpose of the I CRW remains constant, the
measures agreed upon to give effect to th at object and purpose evolve over time.
Article VIII of the ICRW must therefore be interpreted to give the fullest possible
effect to the measures adopted by the C ontracting Governments that are designed
to achieve the ICRW’s object and purpose.
424
Case concerning a dispute between Argentina and Chile concerning the Beagle Channel ,
Award, 18 February 1977, Reports of International Arbitral Awards , Vol. XXI, 53-264, 89,
para. 19.
425
See Chapter 2, Section I.C.
159(3) The context of Article VIII
4.52 Article VIII commences with the words “[n]otwithstanding anything
contained in this Convention”. Article VI II is therefore expressly framed as an
exception to the operation of the ICRW as a whole. As such, it is a limited
permission granted to Contracting Governments, the exercise of which must not
undermine the effectiveness of the regulatory regime as a whole.
Aninterpretation of Article VIII which allowed a Contracting Government to
issue permits “for purposes of scientific research” without limitation on the
number of whales taken, no matter how endangered, would plainly undermine the
operation of the comprehensive regulatory regime established under the ICRW; it
would also be incompatible with the object and purpose of the Convention. These
propositions are consistent with the principle of eff ectiveness under international
law, as reflected in Articles 26 and 31 of the Vienna Convention and applied by
426
the Court in the Reparation for Injuries Advisory Opinion.
4.53 This comprehensive international regime has evolved since the adoption of
427
the original text of the ICRW in 1946. It now incorporates a number of
additional conservation measures, including the factory ship moratorium (adopted
in 1979), the moratorium on commercial whaling (adopted in 1982), the Indian
Ocean Sanctuary (adopted in 1979) and the Southern Ocean Sanctuary (adopted in
1994). All of these have been adopted by way of amendment to the Schedule
which forms part of the ICRW. The Article VIII exception falls to be interpreted
by reference to the ICRW regime as it has evolved, and in particular as a regime
that has, since 1985, included a zero catch limit on commercial whaling.
426Reparation for Injuries Suffered in the Service of the United Nati, Advisory Opinion ,
11 April 1949, I.C.J. Reports 1949, 174, (“ Reparation for Injuries Advisory Opinion ”) 183-184.
See also Interpretation of the Peace Treaties with Bulgaria, Hungary, and Romania,
Advisory Opinion (Second Phase), I.C.J. Reports 1950, 65, 229.
427See Chapter 2, Section II of this Memorial.
1604.54 Article VIII therefore falls to be interpreted in such a manner that does not
undermine the effectiveness of this regime , or deprive any of the conservation
measures adopted by Contracting Govern ments – in particular since 1979 – of
their full and operative effect. An inte rpretation of Article VIII that permits
whaling of a commercial scale or nature – whether by intent or indirectly – would
undermine an internationally-agreed cons ervation measure, the moratorium on
commercial whaling under paragraph 10(e) of the Schedule, a nd deprive it of its
operative value.
4.55 Relatedly, with the adoption in 1982 of the moratorium on commercial
whaling, the Contracting Governments dete rmined that in the immediate future
the ICRW’s object and purpose could only be achieved by a complete and total
prohibition on commercial whaling. In th is way, the granting of any special
permit under Article VIII that undermines the moratorium on commercial whaling
will also be inconsistent with the object and purpose of the ICRW.
4.56 This construction of the Article VIII exception informs the interpretation
of its central phrase, “for purposes of scientific research”. In particular, it requires
close adherence to the essential characte ristics of a program that is genuinely
428
intended to be “for purposes of scientific research”, as identified below.
(4) Good faith in the interpretation and application of Article VIII
4.57 Finally, Article 31(1) of the Vienna Convention specifically requires
interpretation in good faith. The interpretation of a treaty provision, and its
application in the given circumstances, is integral to the performance of the treaty.
4.58 The good faith obligation in Article 26 of the Vienna Convention (closely
related to Article 31(1)) is that: “[e]very treaty in force is binding upon the parties
428See below, Section II.C of this Chapter.
161to it and must be performed by them in good faith.” The obligation reflects the
customary international law principle of pacta sunt servanda and is recognised in
Article 2 of the Charter of the United Nations. 429
4.59 The obligation of good faith applies to the performance of treaty
obligations as well as the exercise of rights. At its heart, it requires “every right to
430
be exercised honestly and loyally.” It requires partie s to observe treaty
431
stipulations “in their spirit as well as according to their letter.” Itextendsto
precluding use of the “form of the law” to cover the commission of what would
otherwise be an unlawful act. This reflects the maxim ex re sed non ex nomine
432
(“according to the form, not the name”).
4.60 The Dictionnaire de la terminol ogie du droit international refers to the
related concept of abus de droit in the following terms:
The exercise by a State of a right in su ch a manner or in such circumstances as
indicated that it was for that State an indrect means of avoiding an international
obligation imposed upon that State, or was carried out with a purpose not
corresponding to the purpose for which that right was recognised in favour of that
State.33
[translation]
429Charter of the United Nations , New York, 26 June 1945, 892 UNTS 119 (entered into force
24 October 1945).
430
B Cheng, General Principles of International Law as Applied by International Courts and
Tribunals (Grotius Publications Limited, 1987), (“ Cheng, General Principles of International
Law”) 123.
431M Villiger, Commentary on the 1969 Vienna Convention on the Law of Treaties
(MartinusNijhoff Publishers, 2009), (“ Villiger, Commentary on the 1969 Vienna Convention on
the Law of Treaties”) 367.
432Cheng, General Principles of International Law, 122.
433“s.v. Abus de droit”, Union académique internationale, Dictionnaire de la terminologie du droit
international, (Sirey, 1960), 4. The French text fr om the original source reads as follows:
“Exercice par un Etat d’un droit d’une manière ou dans des circonstances qui font apparaître que
cet exercice a été pour cet Etat un moyen indirect de manquer à une obligation internationale lui
incombant ou a été effectué dans un but ne correspondant pas à celui en vue duquel ledit droit est
reconnu à cet Etat.”
1624.61 Good faith also invokes notions of reasonableness: “[a] reasonable and
bona fide exercise of a right…is one which is appropriate and necessary for th
e
purpose of the right (ie in furtherance of the interests which the right is intended to
434
protect).” This recourse to re asonableness is also supported in international
435
jurisprudence.
4.62 The application of the obligation of good faith to the implementation of
Article VIII requires that the grant of a special permit by a Contracting
Government occurs only where that grant is in furtherance of the objects of the
ICRW.
4.63 The manner in which the principle of good faith applies to Japan’s relianc
e
on Article VIII in the present case is addressed in Chapter 5 of this Memorial.436
B. A PPLICATION OF ARTICLE 31(3) OF THE V IENNA C ONVENTION
4.64 In interpreting the Article VIII exception in good faith consistent with the
Vienna Convention, it is also appropriate to have regard to the subsequent practice
437
of the Contracting Governments to the ICRW and to relevant developments in
438
international environmental law. Subsequent prac tice provides a clear
indication of what the Contracting G overnments consider to be a proper
interpretation of the ICRW generally and Article VIII in particular. The norms of
international environmental law binding on Australia and Japan also inform the
434Cheng, General Principles of International Law, 125.
435United States – Import Prohibition of Certain Shrimp and Shrimp Prod, Report of the
Appellate Body (1999) 38 ILM 119, para. 158.
436See Chapter 5, Section IV.
437Vienna Convention, Article 31(3)(a).
438Vienna Convention, Article 31(3)(c).
163content of the obligation set out in Artic le VIII. These norms have developed
significantly since 1946.
(1) Subsequent practice of the Contracting Governments to the ICRW
4.65 The Court has noted that, when called upon to interpret the provisions of a
treaty, it has “frequently examined the s ubsequent practice of the parties in the
439
application of that treaty.”
4.66 The subsequent practice of the parties is particularly relevant in the context
of a treaty, such as the ICRW, which es tablishes a decision-making organ such as
the IWC. 440 The IWC has been given the task of interpreting and applying the
ICRW; it takes decisions concerning the policy of the Commission on the basis of
a majority vote (with the exception of Schedule amendments, which require a
three-quarters majority, and certain Resolutions for which consensus is
required). 441 As noted by Professor Bowett in a legal opinion to the IWC in 1979:
Where, as in the 1946 Convention, a treaty establishes a continuing regime with
international organs, such as the Commission, there is a marked tendency to regard
such a treaty as a “dynamic” instrument, akin to a constitution in a State, capable of
adaptation to changing circumstances by a pr ocess of interpretation rather than as a
static statement of rights a442duties the content of which is fixed and unchangeable.
The reason for this is obvious.
4.67 The practice of Contracting Governme nts subsequent to the adoption of
the ICRW reveals the views of the IWC as to the proper application and scope of
the Article VIII exception, and what is re quired – developed over time – to give
439Kasikili/Sedudu Island (Botswana/Namibia), Judgment, I.C.J. Reports 1999 (II), 1076, para. 50.
440
See, for example, Certain Expenses of the United Nations , Advisory Opinion, 20 July 1962,
I.C.J. Reports 1962, 151, 157, 160, 165.
441Article III(2), ICRW; Rules of Procedure, Rule J.3.
442D Bowett, “Legal Opinion on Schedule Provision for Prior Review of Scientific Permits and
Prohibition of Whaling by Operations Failing to Supply all Data Stipulated”, 28 April 1979,
IWC/31/9, 1.
164effect to the object and purpose of the ICRW. In addition to the IWC Guidelines
443
for review of special permit proposals and results, the IWC’s interpretation of
the proper scope of the Article VIII ex ception is also evident in relevant
Resolutions passed by the Commission.
4.68 Since the commencement of the moratorium on commercial whaling in
1985/86, the Commission has adopted more than 30 Resolutions on special permit
whaling operations conducted by Contracti ng Governments. A great number of
these are critical of the relevant programs and urge their suspension or
modification. 444 Special permit whaling operations have also been the subject of
consistent concern and criticism by members of the Scientific Committee and
Contracting Governments in the IWC. Criticisms of special permit whaling
primarily have focused in general terms on two issues: (1) concern that current
and proposed special permit whaling operations undermine conservation measures
adopted by the Commission, in particular the moratorium on commercial whaling
and the Southern Ocean Sanctuary; and (2 )the need to ensure that non-lethal
methods of research are utilised where available.
4.69 The subsequent practice of the pa rties as reflected in Commission
Resolutions, as well as the Guidelines identified above, 445 also informs the
essential characteristics of a genuine program “for purposes of scientific research”
446
under Article VIII.
443See above, Section I.E of this Chapter.
444The IWC Resolutions on special permit whaling may be found at Annexes 7 - 41 to this
Memorial.
445See above, Section I.E of this Chapter.
446
See below, Section II.C of this Chapter.
165(i) Special permit whaling should not undermine IWC conservation measures
4.70 The IWC has consistently recorded its view that special permit whaling
should not be conducted in such a way as to undermine conservation measures
adopted by the Commission. As stated by the Commission in 2003:
Contracting Governments, in exercising their rights under Article VIII, should
nevertheless respect fully the Commission’s arrangements to conserve whales and
ensure that the killing, taking and treating of whales for scientific research is only
undertaken in a manner consistent with the provisions and principles of the
Convention.447
4.71 Such concerns can be traced back to the earliest years of the Commission,
when the practice of issuing special perm its authorising the killing of whales
448
outside the whaling season began to emerge. For example, at its Ninth Meeting
in 1957, the Commission stated that:
Contracting Governments should not issue permits for the taking of whales for
scientific purposes outside the whaling season unless the reasons for doing so were
of the utmost cogency.49
This makes clear that there exists a pres umption that the Article VIII exception is
to be construed narrowly.
4.72 The concerns of the Contracting Governments increased following the
introduction of the moratorium on commer cial whaling and the contemporaneous
escalation of special permit whaling. Beginning in 1985, the Contracting
Governments have emphasised consistently that special permit whaling should be
used “conservatively” and not as a con tinuation of commercial whaling under the
447Resolution 1995-9 [Annex 46].
448See, for example, Report of the Scientific Sub-Committee, Appendix IV, Eighth Report of the
Commission, 1957, 27.
449Chairman’s Report of the Ninth Meeting, Appendix III, Ninth Report of the Commission, 1958,
16.
166guise of scientific study. 450 In 1985, the Commission adopted by consensus a
Resolution urging:
[A]ny Contracting Government proposing th e issue of scientific permits in the
intervening period to take account of the serious concerns expressed in the
Commission at the possibility of whaling for scientific purposes in the period
referred to in Schedule paragraph 10(e) assuming the characteristics of commercial
whaling.451
4.73 Since then, concerns have been expr essed consistently by Contracting
Governments that the special perm it programs proposed and conducted under
Article VIII by their scale and nature subve rt the intent of the moratorium on
452
commercial whaling. In 2003, the Commission:
STATE[D] that the current and propos ed Special Permit whaling operations
represent an act contrary to the spirit of the moratorium on commercial whaling and
to the will of the Commission;
STATE[D] that Article VIII of the Convention is not intended to be exploited to
provide whale meat for commercial purposes and shall not be so used.453
4.74 The Commission has also recognised that special permits issued under
Article VIII have been used to circumvent the commercial moratorium, and that
this is not permitted. The Commission made clear its views in 2003:
Unfortunately, some members have interpreted [Article VIII] as a licence to bypass
the IWC’s conservation measures, and to i ssue scientific permits for catches of
whales on a similar scale to ordinary commercial whaling. Although Article VIII
does indeed exempt whales taken for scientific purposes from the specific
regulations of the Convention, it does not authorise members to ignore the general
obligation to conserve whales for the benefit of future generations.
450
See, for example, Chairman’s Report of the Thirty-Seventh Annual Meeting, Rep. int. Whal.
Commn 36, 1986, 12.
451
Resolution on Scientific Permits, Appendix 2, Chairman’s Report of the Thirty-Seventh Annual
Meeting, Rep. int. Whal. Commn 36, 1986, 26 [Annex 7].
452See, for example, comments of Australia and others, Chairman’s Report of the Forty-Eighth
Annual Meeting, Rep. int. Whal. Commn 47, 1997, 38.
453Whaling under Special Permit, Resolution 2003-2, Annex F, Chair’s Report of the Fifty-Fifth
Meeting, Annual Report of the International Whaling Commission 2003 , 102
(“Resolution 2003-2”) [Annex 38].
454Berlin Initiative, Annex II, IWC Conservation Work (An Annotated Compilation, 1976-2001),
28 [Annex 37].
1674.75 These concerns have also been ec hoed in the Scientific Committee.
In2003 – when only Iceland and Japan we re conducting so-called “scientific”
whaling programs – 41 members of the Scientific Committee stated:
As members of the Scientific Committee, we are seriously concerned by what we
see as the increasingly frequent abuse of Article VIII of the International Whaling
Convention for the Regulation of Whaling by some member nations. This has
important ramifications for the IWC and the work of the [Scientific Committee]...
4.76 It is the clear view of the IWC that Contracting Governments cannot issue
permits under Article VIII in a manner that purports to be “for purposes of
scientific research” but in reality has a nother purpose, namely to circumvent an
internationally agreed moratorium on commercial whaling: special permit whaling
must not assume the characteristics of commercial whaling.
4.77 Nor can whaling that purports to be “for purposes of sc ientific research”
under Article VIII be allowed to have the effect of undermining any other
conservation measures adopted by the Commi ssion. In this context, the Southern
Ocean Sanctuary is of particular relevance.
4.78 Paragraph 7(b) of the Schedule expressly prohibits commercial whaling in
the Southern Ocean Sanctuary. In 1995, at its first annual meeting following the
entry into effect of the Sanctuary, the Commission expressed the strong view that
Contracting Governments should “respect fully” the wish of the Commission to
ensure the conservation of whales in designated sanctuaries. As such, the
Commission concluded that:
Contracting Governments should undertake, and collaborate in, the conduct of a
program of research in the Southern Ocean Sanctuary using non-lethal methods and,
in the exercise of their sovereign rights, refrain from issuing Special Permits for
research involving the killing of cetaceans in such sanctuaries.
455
Concerns Regarding Scientific Permits, Appendix 2 to Annex O, Report of the Scientific
Committee, J.Cetacean Res. Manage. 6 (Suppl.), 2004 , 364 (“ Concerns Regarding Scientific
Permits, Appendix 2 to Annex O, Scientific Committee Report, 2004”) [Annex 62].
456
Resolution on Whaling under Special Permit in Sanctuaries, Resolution 1995-8, Chairman’s
Report of the Forty-Seventh Annual Meeting, Rep. int. Whal. Commn 46, 1996, 46
(“Resolution 1995-8”) [Annex 27].
1684.79 In 1996, the Commission adopted a fu rther Resolution which requested
that “the Government of Japan, in the exercise of its sovereign rights, refrain from
issuing a special permit for the take of Southern Hemisphere minke whales,
457
particularly in the Southern Ocean Sanctuary”. The Commission adopted
458 459 460 461 462 463
further Resolutions in 1997, 1998 , 1999, 2000, 2001, 2003, and
464
2007 which reaffirmed that Contracti ng Governments should refrain from
issuing special permits for research involving the killing of cetaceans in
sanctuaries, reiterated its concern ove r Japan’s continuing scientific program
involving the killing of whales in the Southern Ocean Sanctuary and strongly
urged Japan to suspend the lethal aspect s of its special permit program occurring
in the Southern Ocean Sanctuary. 465 Many Contracting Governments have also
457
Resolution on Special Permit Catches by Japan, Resolution 1996-7, Appendix 7, Chairman’s
Report of the Forty-Eighth Meeting, Rep. int. Whal. Commn 47, 1997, 51-52
(“Resolution 1996-7”) [Annex 28].
458
Resolution on Special Permit Catches in the Southern Ocean by Japan, Resolution 1997-5,
Appendix 5, Chairman’s Report of the Forty-Ninth Meeting, Rep. int. Whal. Commn 48, 1998, 47
(“Resolution 1997-5”) [Annex 29].
459
Resolution on Whaling under Special Permit, Resolution 1998-4, Appendix 4, Chairman’s
Report of the Fiftieth Annual Meeting, Annual Report of the International Whaling
Commission 1998, 43 (“Resolution 1998-4”) [Annex 31].
460
Resolution on Whaling under Special Permit, Resolution 1999-3, Appendix 4, Chairman’s
Report of the Fifty-First Annual Meeting, Annual Report of the International Whaling
Commission 1999, 52-53 (“Resolution 1999-3”) [Annex 32].
461
Resolution on Whaling under Special Permit in the Southern Ocean Sanctuary, Resolution
2000-4, Appendix 1, Chairman’s Report of the Fifty-Second Annual Meeting, Annual Report of
the International Whaling Commission 2000, 56 (“Resolution 2000-4”) [Annex 33].
462Resolution on Southern Hemisphere Minke Whales and Special Permit Whaling, Resolution
2001-7, Annex C, Chair’s Report of the Fifty-Third Annual Meeting, Annual Report of the
International Whaling Commission 2001, 57 (“Resolution 2001-7”) [Annex 35].
463Resolution on Southern Hemisphere Minke Whales and Special Permit Whaling,
Resolution 2003-3, Annex G, Chair’s Report of the Fifty-Fifth Annual Meeting, Annual Report of
the International Whaling Commission 2003, 103 (“Resolution 2003-3”) [Annex 39].
464Resolution on JARPA, Resolution 2007-1, Annex E, Chair’s Report of the Fifty-Fifth Annual
Meeting, Annual Report of the International Whaling Commission 2007, 90 (“Resolution 2007-1”)
[Annex 41].
465In relation to similar discussions in 2004, see Chair’s Report of the Fifty-Sixth Annual Meeting,
Annual Report of the International Whaling Commission 2004, 54-55.
169made explicit statements in the Commi ssion expressing their opposition to the
conduct of any lethal research in the Southern Ocean Sanctuary. 466
(ii) Research should be conducted using non-lethal techniques
4.80 It is the clear view of the IWC that scientific research should be conducted
using non-lethal techniques where available. 467 As noted by the Commission in
Resolution 2003-2, “Article VIII of the ICRW was drafted and accepted by States
Parties in 1946, at a time when few alternatives to lethal investigations existed, a
situation drastically different from today”. 468 In the same Resolution, the
Commission reaffirmed its clear view that “non-lethal techniques available today
will usually provide better data at le ss cost to both animals and budget”, and it
urged “any country conducting or consid ering the conduct of Special Permit
whaling to terminate or not commence su ch activities and to limit scientific
research to non-lethal methods only.” 469 Individual Contracting Governments
have expressed consistently their strong opposition to the use of lethal methods
during plenary discussion in the Commission. 470
466
See, for example, Chairman’s Report of the Forty-Seventh Annual Meeting, Rep. int. Whal.
Commn 46, 1996, 30-31; Chairman’s Report of the Forty-Eighth Annual Meeting, Rep. int. Whal.
Commn 47, 1997, 38.
467
See, for example, Resolution on Redirecting Re search Towards Non-Lethal Means, Appendix
5, Chairman’s Report of the Forty-Second Meeting, Rep. int. Whal. Commn 41, 1991, 49;
Concerns Regarding Scientific Permits, Appendix2 to Annex O, Scientific Committee Report, 2004
[Annex 62]; Resolution 2003-2 [Annex 38].
468
Resolution 2003-2 [Annex 38].
469Ibid.
470For example, New Zealand: Chairman’s Report of the Forty-Seventh Annual Meeting, Rep. int.
Whal. Commn 46, 1996, 30-31; Chair’s Report of the Fifty-Sixth Annual Meeting, Report of the
International Whaling Commission 2004 , 55; Australia: Chairman’s Report of the Forty-Eighth
Annual Meeting, Rep. int. Whal. Commn 47, 1997, 38; India: Chair’s Report of the Fifty-Eighth
Annual Meeting, Annual Report of the International Whaling Commission 2006 , 44;
France:Chair’s Report of the Fifty-Ninth Annual Meeting, Annual Report of the International
Whaling Commission 2007 , 40; Monaco and the United Ki ngdom: Chair’s Report of the
Fifty-Fifth Meeting, Annual Report of the International Whaling Commission 2003 , 30; USA,
Argentina, Costa Rica, Chile, Portugal, Mexico, Luxembourg, Peru, Uruguay, France, Panama and
170(2) Relevant rules of international environmental law
4.81 The Vienna Convention requires that “any relevant rules of international
law applicable in the relations between the parties” must be taken into account in
471
interpreting the ICRW. As regards Australia and Japan, there are a number of
relevant rules of international law in fo rce as between them, the application of
which commits both countries to promote the conservation of biodiversity and to
apply specific principles, including the pr ecautionary approach. That such norms
and principles are relevant has been conf irmed by the Court. For example, in its
1971 Advisory Opinion on South West Africa , the Court noted that “[a]n
international instrument has to be interpreted and applied within the framework of
472
the entire legal system prevailing at the time of its interpretation.” More
recently, the Court confirmed this pr oposition specifically in relation to
environmental considerations in Gab číkovo-Nagymaros Project , observing that
the 1977 Treaty in force between Hungary and Slovakia that was the subject of
the dispute “is not static, and is open to adapt to emerging norms of international
law”. 473
4.82 Applying this principle, the interpretation of the ICRW today is not to be
carried out by reference to the conditions that pertained in 1946, when the ICRW
was adopted, but rather by reference to the conditions and values that prevail
today. Since the adoption of the ICRW in 1946, there have been significant
developments in international environmen tal law, in particular concerning the
Spain: Chair’s Report of the Sixtieth Annual Meeting, Annual Report of the International Whaling
Commission 2008, 27-29.
471Vienna Convention, Article 31(3)(c).
472 Legal Consequences for States of the Continued Presence of South Africa in Namibia
(SouthWest Africa) notwithstanding Security Council Resolution 276 (1970), Advisory Opinion,
I.C.J. Reports 1971, 31, para. 53.
473
Gabčíkovo-Nagymaros Project (Hungary/Slovakia) , Judgment, I.C.J. Reports 1997 , 67-68,
para. 112.
171protection and conservation of marine mammals, and the protection of the marine
environment, including its biodiversity.
4.83 Within these fields, two developments are particularly relevant to the
interpretation of the ICRW: the devel opment of a treaty-based regime for the
conservation of marine mammals and the precautionary approach. These
developments, which evidence the increasingly conservation-oriented approach
adopted in the international regulation of marine mammals, lend strong support to
an interpretation of the Article VIII ex ception that is restrictive and that
contributes to – rather than undermines – the conservation of whales. This
becomes all the more important in circumstances in which there exists
considerable uncertainty as to the status of the relevant whale stocks.
(i) Development of a treaty-based regime for the conservation of marine
mammals
4.84 Since the 1970s, the intern ational community has adopted an increasingly
conservation-oriented approach in the de velopment of treaty regimes, including
those covering marine mammals.
4.85 The Stockholm Principles, which emerged from the Stockholm
Conference in 1972, created standards agai nst which all States should measures
their environmental policies, “having c onsidered the need for a common outlook
and for common principles to inspire and guide the peoples of the world in the
474
preservation and enhancement of the human environment.” Subsequent
international instruments such as the 1973 Convention on International Trade in
Endangered Species of Wild Fauna and Flora, the 1979 Convention on Migratory
Species of Wild Animals (“CMS”) 475(including the regional agreements for the
474Report of the United Nations Conference on the Human Environment, Stockholm, 1972,
UN Doc. A/CONF/48/14/Rev.1, 5-16 June 1972.
475
Convention on Migratory Species of Wild Animal, Bonn, 23 June 1979, 1651 UNTS 356
(entered into force 1 November 1983) (“CMS”).
172 476
conservation of cetaceans concluded under the umbrella of the CMS), the 1992
Convention on Biological Diversity and relevant provisions in the United Nations
477
Convention on the Law of the Sea and the Convention on the Conservation of
478
Antarctic Marine Living Resources also evidence significant developments in
the law relating to conservation.
4.86 These instruments recognise the intrinsic value of all living things, and the
importance of conservation of migratory species and biological diversity as
479
common concerns of mankind. They are directly relevant to the conservation
and management of whales, and support an interpretation of Article VIII of the
Convention that contributes to – rather than undermines – the conservation of
whales. This too points to a restrictive interpretation of the Article VIII exception,
and a stringent limitation on the use of leth al methods of scien tific research if
non-lethal means are available.
(ii) Precautionary Approach
4.87 The years since the adoption of the ICRW have seen also the development
in international environmental law of the precautionary approach. This
development, which has been recognised by the IWC, must be taken into account
in interpreting the Article VIII exception. In practical terms, and in the face of
uncertainty as to the status of whale st ocks and the effect of any lethal take,
precaution directs an interpretation of Article VIII that limits the killing of whales.
476Agreement on the Conservation of Small Cetaceans of the Baltic and North SeasNew York,
17March 1992, UNTS Reg. No. 30865 (entered into force 29 March 1994) (“ ASCOBANS”);
Agreement on the Conservation of Cetaceans of the Black Sea, Mediterranean Sea and Contiguous
Atlantic Area, Monaco, 24 November 1996 (entered into force 1 June 2001) (“ACCOBAMS”).
477United Nations Convention on the Law of the Sea , Montego Bay, 10 December 1982,
1833 UNTS 397 (entered into force 16 November 1994), (“UNCLOS”) Articles 65 and 120.
478
Conservation on the Conservation of Antarctic Marine Living Resources , Canberra,
20 May 1980, 402 UNTS 71 (entered into force 7 April 1982).
479See, for example, preambles to the Convention on Biological Diversity and CMS.
1734.88 The precautionary approach specifically is intended to provide guidance in
the development and application of international environmental law where there is
scientific uncertainty. The core of this approach is reflected in Principle 15 of the
Rio Declaration, which provides that “whe re there are threats of serious or
irreversible damage, lack of full scientific certainty shall not be used as a reason
480
for postponing cost-effective measures to prevent environmental degradation”.
Thus, a precautionary approach should be taken by States in decisions concerning
actions which entail threats of serious da mage to the environment where there is
scientific uncertainty about the effect of such actions. The approach requires
caution and vigilance in decision-making in the face of such uncertainty.
4.89 The precautionary approach has been recognised in a number of
481
international policy documents and international environmental agreements,
482
concerning both broader environmental matters and, more particularly, the
conservation and protection of marine mammals. The International Tribunal for
the Law of the Sea (“ITLOS”) alluded to the precautionary approach in the
Southern Bluefin Tuna Cases, where the Tribunal expr essed the view that the
parties should act with “prudence and caution to ensure that effective conservation
measures are taken to prevent serious harm to the stock of southern bluef
in
483
tuna.” In Pulp Mills on the River Uruguay , the Court also recognised that
480
Rio Declaration on Environment and Development , adopted at the United Nations Conference
on Environment and Development, UN Doc. A/CONF.151/26 (Vol.1), 12 August 1992,
Principle 15.
481
See, for example, World Charter for Nature , UN Doc. A/RES/37/7, 28 October 1982;
Agenda 21, UN Doc. A/CONF.151/26/Rev.1 (Vol. II) (1992), Chapter 17, para. 17.1.
482See, for example, Convention on Biological Diversity; United Nations Framework Convention
on Climate Change, New York, 9 May 1992, 1771 UNTS 107 (entered into force 21 March 1994);
Agreement on the Application of Sanitary and Phytosanitary Measures , 15 April 1994,
1867UNTS 493 (entered into force 1January 1995); Agreement for the Implementation of the
Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating
to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks,
New York, 4 August 1995, 2167 UNTS 3 (entered into force 11 December 2001).
483
Southern Bluefin Tuna Cases (New Zealand v. Japan; Australia v. Japan) , Provisional
Measures Order, 27 August 1999, (1999) 38 ILM 1624, para. 77.
174“a precautionary approach may be relevant in the interpretation and application of
the provisions of the Statute”. 484 In its Advisory Opinion on the Responsibilities
and Obligations of States Sponsoring Pe rsons and Entities with Respect to
Activities in the Area, the ITLOS Seabed Disputes Chamber observed that:
[T]he precautionary approach has been incorporated into a growing number of
international treaties and other instruments, many of which reflect the formulation of
Principle 15 of the Rio Declaration. In the view of the Chamber, thi485as initiated a
trend towards making this approach part of customary international law.
4.90 The Contracting Governments to the ICRW have agreed to the adoption of
486
a precautionary approach in a wide range of matters. As applied to Article
VIII, this means that the uncertainty rega rding the status of whale stocks requires
Contracting Governments to act with prudence and caution by strictly limiting the
grant of special permits under Article VIII.
(3) Summary
4.91 The subsequent practice of the parties and relevant developments in
international law confirm that Article VIII is to be interpreted as an exception that
484 Case Concerning Pulp Mills on the River Uruguay (Argentina v. Uruguay) , Judgment,
20 April 2010, 51, para. 164.
485Responsibilities and Obligations of States Sponsoring Persons and Entities with Respect to
Activities in the Area Advisory Opinion, 1 February 2011, para. 135.
486See for example: Resolution on the Need for Research on the Environment and Whale Stocks in
the Antarctic Region, Appendix 2, Chairman’s Report of the Forty-Fourth Annual Meeting, Rep.
int. Whal. Commn 43, 1993, 39-40; Resolution on Research on the Environment and Whale
Stocks, Appendix 12, Chairman’s Report of the Forty-Fifth Annual Meeting, Rep. int. Whal .
Commn 44, 1994, 35; Resolution on Directed Takes of White Whales, Resolution 1998-9,
Appendix 10, Chairman’s Report of the Fiftieth Annual Meeting, Annual Report of the
International Whaling Commission 1998, 46; Resolution on Dall’s Porpoise, Resolution 1999-9,
Appendix 10, Chairman’s Report of the Fifty-First Annual Meeting, Annual Report of the
International Whaling Commission 1999 , 55-56; Resolution on Whalewatching,
Resolution 1996-2, Appendix 2, Chairman’s Report of the Forty-Eighth Annual Meeting, Rep. int.
Whal. Commn 47, 1997, 48; Guidance to the Scientific Committee on the Sanctuary Review
Process, Resolution 2002-1, Annex F, Chair’s Report of the Fifty-Fourth Annual Meeting, Annual
Report of the International Whaling Commission 2002, 89.
175is only available in limited circumstances . Moreover, Article VIII is not self-
judging; its application is to be determ ined by reference to objective criteria,
consistent with those adopted by the Commission established under the ICRW.
Such an approach is consistent with th e broader international legal framework in
which the ICRW now rests, which promotes a conservation-oriented focus that is
consistent with a precautionary approach.
C. T HE ESSENTIAL CHARACTERISTICS OF A PROGRAM “FOR PURPOSES OF SCIENTIFIC
RESEARCH ” UNDER ARTICLE VIII
4.92 Consistent with generally accepted sc ientific practice, Professor Mangel
has identified the essential characteristics of a program “for purposes of scientific
research” in the context of the cons ervation and management of whales.
ProfessorMangel also has explained how these characteristics find expression in
the IWC Guidelines and are therefore consistent with the practice of the
Contracting Governments to the ICRW. The characteristics in this way give
contemporary context to the words “for purpos es of scientific research” in Article
VIII.
4.93 Professor Mangel has reported that a program for purposes of scientific
research in the context of the conser vation and management of whales must
possess four essential characteristics:
(1) Defined and achievable objectives that aim to contribute knowledge
that is important to the conservation and management of whale stocks;
(2) Appropriate methods that are likely to achieve the stated objectives,
including:
48Mangel, Expert Opinion, para. 4.39 [Appendix 2].
176 (a) lethal methods only where the obje ctives of the research cannot
be achieved by any other means (for example, by the analysis of
existing data and/or the use of non-lethal research techniques);
(b) setting sample sizes using accepted statistical methodology; and
(c) linking mathematical and statistical models to data consistently;
(3) Periodic review of research proposals and results and adjustment in
response to such review; and
(4) The research is designed to avoid adverse effects on the stocks being
studied.
4.94 Relevant international law sources and other international standards
regulating the conduct of such research also support these e ssential attributes
which characterise a legitimate program for purposes of “scientific research”.
These are drawn upon and referred to in more detail below. Their practical
application to JARPA II is addressed in Chapter 5 of this Memorial.
(1) Defined and achievable objectives that aim to contribute knowledge that is
important to the conservation and management of whale stocks
4.95 Legitimate scientific research requires a defined and achievable set of
objectives. To be achievable, the objectiv es of the proposed research must be
testable. This in turn requires the form ulation of operationally defined questions
and hypotheses, meaning that it must be possible to answer these questions or
hypotheses using existing methods (or, alternatively, that th ere is excellent
prospect that new methods can be developed). 488
488Mangel, Expert Opinion, paras. 4.10-12 [Appendix 2].
1774.96 This requirement of contemporary scie ntific method is reflected in the
IWC Guidelines as an essential characteristic of proposals for the conduct of
scientific research under Article VIII. 489 In addition, this requirement has been
confirmed in research guidelines underl ying international instruments which
490
contemplate the conduct of scientific research. It is also commonly recognised
in criteria governing funding applications for the conduct of scie ntific research at
491
the national level.
4.97 A further essential component in fr aming objectives for the conduct of
scientific research is that the objectives address gaps in the current knowledge of a
particular area or field. This should be evident from the objectives of the
492
research.
489See, for example, Schedule, para. 30; Annex P [Annex 49].
490
See, for example, Resolution 4.18 “Guidelines on the granting of exceptions to Article II,
paragraph 1, for the purpose of non-lethal in situ research in the Agreement area,” adopted by the
Fourth Meeting of the Contracting Parties to ACCOBAMS, Monaco, 9-12 November 2010,
ACCOBAMS-MOP4/2010/Res4.18, ( “ACCOBAMS Resolution 4.18”) Annex, paras. 7.1 and 7.5.
See also UNCLOS, Article 248.
491In domestic jurisdictions, see guidelines laid down by the following national institutions:
United States National Science Foundation, Grant Proposal Guide , January 2010, Chapter II,
Project Description, at <http://www.nsf.gov /publications/pub_summ.jsp?ods_key=gpg> on
17April 2011; UK National Environment Research Council, NERC Research Grants Handboook
2010, Section F – Application and Assessment Proc edures, para. 224, at <http://www.nerc.ac.
uk/funding/application/researchgrants/> on 17 April 2011; Canada Natural Sciences and
Engineering Research Council of Canada, Discovery Grants Program, at < http://www.nserc-
crsng.gc.ca/Professors-Professeurs/Grants-Subs/index_eng.asp> on 17Apri2l011; Australian
Research Council, Discovery Projects: Instructions to Ap plications for funding commencing in
2011, Part C – Project Description, 16-18, at <h ttp://www.arc.gov.au/applicants/instructions.htm>
on 17 April 2011.
492Assessment Framework for Scientific Research Involving Ocean Fertilisation , adopted at the
nd th
32 Consultative Meeting of Contracting Parties to the London Convention and 5 Meeting of
Contracting Parties to the London Protocol under Resolution LC-LP.2(2010), 14 October 2010,
(“Assessment Framework for Scientific Research Involving Ocean Fertilisation ”) para. 2.2.1;
ACCOBAMS Resolution 4.18, para. 6.1; Scientific Assessments: Review of methods and modalities
for assessments, and pilot assessments initiated by the Subsidiary Body on Scientific, Technical
and Technological Advice , Convention on Biological Diversity , 5 November 2004,
UNEP/CBD/SBSTTA/10/7, esp. Steps for the Conduct of Pilot Assessments Initiated by SBSTTA ,
(“Steps for the Conduct of Pilot Assessments under the Convention on Biological Diversity ”)
Annex, 15.
1784.98 As noted by Professor Mangel:
[A] program that is motivated by an app lied problem such as the conservation and
management of whales must contribute to knowledge that informs the motivating
problem. It is the responsibility of the proposers to demonstrate the objectives are
both achievable with the methods proposed and that the work will contribute to the
motivating applied problem.93
4.99 In relation to the IWC, the successi ve Resolutions setting out the IWC
Guidelines on special permit whaling under Artic le VIII stress the need for any
special permit program to contribute knowledge important to the conservation and
494
management of whales. This knowledge may include information required for
the Comprehensive Assessment or the impl ementation of the RMP, or to address
495
other critically important research needs identified by the IWC.
(2) Appropriate methods that are likely to achieve the stated objectives
4.100 Once a set of achievable objectives has been defined, the methods selected
for the conduct of the proposed scientific research must be appropriate. 496 That is,
the research proponents must select the be st tools that will achieve the stated
objectives as clearly and unambiguously as possible. These methods “should be
selected following an evaluation of th eir effectiveness in achieving [these]
objectives”. 497
493Mangel, Expert Opinion, para. 4.37 [Appendix 2].
4941986 Resolution [Annex 43]; 1987 Resolution [Annex 44]; Resolution 1995-9 [Annex46];
Resolution 1999-2 [Annex 47]; Annex P [Annex 49].
495
1986 Resolution [Annex 43]; 1987 Resolution [Annex 44]; Resolution 1995-9 [Annex46];
Resolution 1999-2 [Annex 47].
496
See, for example, UNCLOS, Article 240; ACCOBAMS Resolution 4.18, para. 7.6.
497
Mangel, Expert Opinion, para. 4.14 [Appendix 2].
1794.101 The IWC Guidelines expressly break down this requirement of selecting
“appropriate methods” which are likely to achieve the stated objectives into two
further fundamental characteristics:
(a) lethal methods may be utilised only where the objectives of the
research cannot be achieved by any other means; 498and
499
(b) use must be made of appropriate sample sizes.
4.102 It is an uncontroversial proposition th at, in conducting sc ientific research
on animals, lethal methods should onl y be used where no other method is
available to achieve the objectives and s hould not be used beyond what is critical
500
and unavoidable. In the words of Professor Mangel:
Lethal take destroys the object of study and thus eliminates the possibility of future
information gained from the animal that is killed.... Consequently, before using
lethal take, one must carefully weig h the balance between the immediate
information produced by killing the individual animal and the loss of future
information that could be obtained were a non-lethal method used. In my opinion,
only when the balance is strongly in favour of the former should the lethal take be
used.501
4981986 Resolution [Annex 43]; 1987 Resolution [Annex 44]; Resolution 1995-9 [Annex46];
Resolution 1999-2 [Annex 47]; Annex P [Annex 49].
499
1986 Resolution [Annex 43]; Annex P [Annex 49].
500
Annex II to the Protocol on Environmental Protection to the Antarctic Treaty: Conservation of
Antarctic Flora and Fauna , Madrid, 4 October 1991, 30 ILM 1476 (entered into force
14 January 1998), Article 3; Agreement on the Conservation of Seals in the Wadden Sea ,
16October 1990, UN Reg. No. 48123 (entered into force 1 October 1991), Article VI(2);
Convention on the Conservation of European Wildlife & Natural Habitats , 19 September 1979,
CETS No. 104 (entered into force 1 June 1982), Article 9; ACCO BAMS, Article 2(2);
Resolution No. 8, “Further Implementation of ASCOBANS”, adopted at the Fourth Meeting of the
Parties to ASCOBANS, Esbjerg, Denmark, 19 - 22 August 2003; Convention for the Conservation
of Antarctic Seals , 1June 1972, Cmnd. 7209 Treaty Series 45 (1978) (entered into force
11 March 1978), as clarified by the parties to the Convention in 1988, Report of the 1988 Meeting
to Review the Operation of the Convention for the Conservation of Antarctic Seals , London,
12 - 16 September 1988, para. 17; Guidelines for the treatment of marine mammals in field
research, Society for Marine Mammalogy, 25(3) Marine Mammal Science 725 (July 2009),
(“Guidelines for the treatment of marine mammals”) 736.
501Mangel, Expert Opinion, para. 4.35 [Appendix 2].
1804.103 The IWC Guidelines have repeatedly emphasised that special permit
programs should not utilise lethal methods of research wher e non-lethal methods
502
may be available. InResolution 1995-9 , for example, the Commission noted
that “with the development of modern scientific techniques it is not necessary to
kill whales to obtain the information that is needed for initial implementation of
the Revised Management Procedure for a particular whale stoc k.” It therefore
stipulated that:
[S]cientific research intended to assist the comprehensive assessment of whale
stocks and the implementation of the Revised Management Procedure shall be
undertaken by non-lethal means [and] scientific research involving the killing of
cetaceans should only be permitted in exceptional circumstances where the
questions address critically important issues which cannot be ans503ed by the
analysis of existing data and/or use of non-lethal research techniques.
4.104 The Guidelines also require that, where a proposal specifies lethal
methods, it should identify alternate non-le thal methods and a lternate sources of
504
data which might be used in meeting the research objectives. This principle –
that justification should be provided as to why the expected outcomes cannot
reasonably be achieved by other means – also finds broad support beyond the
505
IWC.
4.105 In circumstances in which it has been established that lethal research is
both necessary and appropriate, the number of specimens killed should be strictly
limited to that necessary to conduct the scientific research. 506 This principle of
proportionality is consistent with the internationally accepte d tenet governing the
5021986 Resolution [Annex 43]; 1987 Resolution [Annex 44]; Resolution 1995-9 [Annex 46].
503
Resolution 1995-9 [Annex 46]. See also Resolution 1999-2 [Annex 47]; Annex P [Annex 49].
504
Resolution 1995-9 [Annex 46].
505See, for example, Assessment Framework for Scientific Research Involving Ocean Fertilisation,
para. 2.2.1; ACCOBAMS Resolution 4.18, para. 7.7.
506See, for example, 1986 Resolution [Annex 43].
181conduct of research on animals, widely known in scientific circles as the
“Three Rs” (replacement, reduction and refinement). 507
4.106 This principle also is consistent with the requirement reflected in the IWC
Guidelines and more broadly under other international instruments which
contemplate the conduct of “scientific re search”, that selec tion of “appropriate
508
methods” requires use of appropriate sample sizes. This means, for example,
509
that sample sizes must be set using accepted statistical methodology.
4.107 Finally, use of “appropriate methods ” also requires consistent and
510
appropriate linkage of mathematical models to data from the research.
(3) Periodic review of research proposals and results and adjustment in response
to such review
4.108 Periodic peer review of research propos als and results is critical to the
conduct of legitimate scientific research. 511 As expressed by the United States
Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, “submission to the
scrutiny of the scientific community is a component of ‘good science’, in part
because it increases the likelihood that substantive flaws in methodology will be
507See W Russell and R Burch, The Principles of Humane Experimental Technique
(Allen&Unwin, 1959); World Organisation for Animal Health (OIE), Terrestrial Animal
Health Code, 19 edition, May 2010, Chapter 7.8, Use of Animals in Research and Education, esp.
Article 7.8.3.
508See, for example, ACCOBAMS Resolution 4.18 , para. 7.6; Guidelines for the treatment of
marine mammals , 729. In the IWC context, see 1986 Resolution [Annex 43]; Annex P
[Annex 49].
509Mangel, Expert Opinion, para. 4.15 [Appendix 2]. See also Guidelines for the treatment of
marine mammals, 729.
510Mangel, Expert Opinion, para. 4.16 [Appendix 2].
511See, for example, Assessment Framework for Scientific Research Involving Ocean Fertilisation,
paras. 2.2(3) and (4); Steps for the Conduct of Pilot Assessments under the Convention on
Biological Diversity ; FAO Code of Conduct for Responsible Fisheries , 31 October 1995,
Article 12.3.
182 512
detected.” The necessity for impartial review of research proposals and results
also follows from the notion that “an e xpert’s self-serving assertion that his
conclusions were ‘derived by the scientific method’ [cannot] be deemed
513
conclusive.” Participation in this process of peer review also encompasses an
expectation that the outcome of the peer review should be taken into consideration
514
by the proponents of the relevant research.
4.109 As stated by Professor Mangel:
The community of scientists is responsibl e for the proper assessment and quality
control of scientific ideas, in which discovery becomes credibility, through the
process of peer review…
In summary, it is essential to a program for purposes of scientific research that there
be peer review from the outset of the research program (since a program should not
begin until it has been assessed as feasible through a matching of methods and
objectives); that there be peer review throughout the operation of the program (since
throughout its duration a program should respond to deviations from objectives by
adjusting methods or even abandoning th e program in the face of inadequate
progress); and that the program end with publication of results in peer-reviewed
literature (since it is through peer-reviewed publication that claims of discovery are
515
given scientific credibility).
4.110 In the IWC context, the conduct of legitimate scie ntific research under
Article VIII necessitates review of resear ch proposals and the periodic review of
results. This requirement has expressl y been recognised by the IWC, through the
adoption of paragraph 30 of the Schedule and the development of the Guidelines.
4.111 The necessity for an independent process of review has been recognised by
the IWC through the development of Annex P . Annex P established an
“independent” specialist workshop to conduct an initial review of
new special
permit proposals, periodic review of resear ch, and final review of results, prior to
512
Daubert v. Merrell Dow Pharmaceuticals, Inc. 509 U.S. 579 (1992), 593.
513Daubert v. Merrell Dow Pharmaceuticals Inc, (United States Court of Appeals, Ninth Circuit)
43 F.3d 1311 (1995) 1313, 1315-1316.
514See, for example, Assessment Framework for Scientific Research Involving Ocean Fertilisation,
para. 2.2(3).
515
Mangel, Expert Opinion, paras. 4.20 and 4.26 [Appendix 2].
183their consideration by the Scientific Committee. This was largely in response to a
lack of independence characterising the review process of the Scientific
Committee under previous Guidelines, under which proponents both defended
their own special permit proposals and results and participated in their review and
in the drafting of the resulting Scientific Committee reports. These concerns were
expressed by a group of 41 members of the Scientific Committee in 2003 as
follows:
Member governments that promote poorly conceived research whaling programmes
place their scientists in the untenable position of having to defend these proposals in
order to support the agenda of their governments. In turn, this causes unnecessary
conflict between [Scientific Committee] members (as has occurred at the last several
[Scientific Committee] meetings), damages the credibility of the [Scientific
Committee] as a whole, and undermines the agreed basis by which the IWC
manages stocks of whales.16
4.112 Finally, the Guidelines also stress that Contra cting Governments should
517
take account of the comments of the Scientific Committee. Indeed, from
Resolution 1995-9 onwards, the Guidelines recommend that Contracting
Governments should refrain from issuing, or should revoke, permits that, taking
into account the comments of the Scientific Committee, the Commission
considers do not meet the essential characteristics of legitimate scientific research
518
as laid down in the Guidelines.
(4) The research is designed to avoid adverse effects on the stocks being studied
4.113 The notion that legitimate scientific research should be designed to avoid
adverse effects on the status of the re levant population or species finds broad
support in international agreements concerning the conservation of wildlife which
516Concerns Regarding Scientific Permits, Appendix 2 to Annex O, Scientific Committee Report,
2004 [Annex 62].
517
See, for example, 1986 Resolution [Annex 43].
518See, for example, Resolution 1995-9 [Annex 46].
184contemplate the conduct of such research. 519 This essential characteristic of
legitimate scientific research reflects the precautionary approach, and is also
confirmed as a principle of establishe d scientific practice by Professor Mangel. 520
The onus is on the proponents of the research to demonstrate, not merely to assert,
that the proposed research will not put the population or stock being studied at
risk.
4.114 In the context of the IWC, the Guidelines have repeatedly emphasised that
whaling operations under Article VIII should be conducted in a manner consistent
with the Commission’s conservation policy. 521 In particular, the Commission has
recognised as one of the essential criteri a for the legitimate c onduct of scientific
research under Article VIII that:
The research can be conduct ed without adversely affecting the overall status and
trends of the stock in question or the success of the comprehensive assessment of
such stock.522
4.115 This issue also has been raised repeatedly as an issue of concern within the
Scientific Committee in its review of various special permit programs, including
those of Japan, purportedly conducted under Article VIII. 523
519See, for example, Resolution 4.6 “Guidelines for the Issue of Permits for the Capture and Study
of Captured Wild Bats”, Report of the Fourth Session of the Meeting of the Parties to the
Agreement on the Conservation of Bats in Europe , Sofia, Bulgaria, 22 – 24 September 2003,
Annex 9, 44; Agreement on the Conservation of Albatross and Petrels , Canberra, 19 June 2002,
2258 UNTS 257 (entered into force 1 February 2004); Article 3.4;CMS, Article III(5). See also
other international standa rds, for example, the Guidelines for the treatment of marine mammals ,
728, 736.
520
Mangel, Expert Opinion, para. 4.29 [Appendix 2].
521
See, for example, 1987 Resolution [Annex 44]; Resolution 1995-9 [Annex 46].
522 1987 Resolution [Annex 44]. See also Schedule, para. 30; Annex L [Annex 42]; Annex P
[Annex 49] for development of this criterion.
523In relation to Japan’s programs, see Childerhouse et. al., Comments on the Government of
Japan’s Proposal for a Second Phase of Special Permit Whaling in Antarctic (JARPA II),
Appendix 2 to Annex O1, Report of the Scientific Committee, J. Cetacean Res. Manage. 8
(Suppl.), 2006 , 260; Report of the Scientific Committee, Annex O1, Report of the Standing
Working Group on Scientific Permits, J. Cetacean Res. Manage. 8 (Suppl.), 2006 , 261
[Annex52]; Report of the Scientific Committee, Rep. int. Whal. Commn 38, 1988, 57; Report of
the Special Meeting to Consider Japanese Research Permits, Rep. int. Whal. Commn 39, 1989,
185 S ECTION III. C ONCLUSION : THE M EANING AND E FFECT OF
A RTICLE VIII
4.116 The permission granted to Contracting Governments to issue special
permits authorising whaling operations “for purposes of scientific research” under
Article VIII of the ICRW is not self-judging, but falls to be assessed by reference
to objective criteria. That is, the determ ination of whether a whaling operation is
“for purposes of scientific research” is not a question that is left to the discretion
of each Contracting Government to the I CRW. To the contrary, the proper scope
of this permission, and in particular te phrase “for purposes of scientific
research”, falls to be determined by the Court in accordance with the established
principles of treaty interpretation areflected in Articles 31 and 32 of the
Vienna Convention.
4.117 In the light of these interpretative pr inciples, the Article VIII exception is
to be interpreted in its context as a very limited exception to the ICRW regime
regulating the conservation and manageme nt of whales. Any special permit
whaling legitimately conducted under this exception must not undermine the
effectiveness of the ICRW regime, includ ing in particular the moratorium on
commercial whaling, and must not depr ive any specific conservation measure
which forms an integral part of this regime of its operative valu e. In addition, in
order to give effect to th e text of Article VIII, a sp ecial permit whaling program
must be conducted for “purposes” of scientific research and for no
other purpose.
These principles are also consistent with the obligation to perform the
requirements of the ICRW in good faith.
163-164. In relation to Iceland’s program, see Report of the Scientific Committee, Rep. int. Whal.
Commn 37, 1987, 29, para. 4.4.1; Resolution 2003-2 [Annex 38]. In relation to the USSR, see
Chairman’s Report of the Forty-Second Meeting, Rep. int. Whal. Commn 41, 1991, 13. In relation
to the Republic of Korea, see Report of the ScientifiRep. int. Whal. Commn 37,
1987, 29, para. 4.4.2.
1864.118 This interpretation of Article VIII flows from its ordinary meaning, hav
ing
regard to the object and purpose of th e ICRW and to the context of the
Convention as a whole. The interpretation is supported by, and consiste
nt with,
the subsequent practice of the Contrac ting Governments to the ICRW, that has
committed the IWC to the conservation of whal e species as an end in itself. This
subsequent practice, incorporating a pr ecautionary approach to questions of
conservation and management, also finds support in relevant developments in
international environmental law that ha ve occurred since the adoption of the
ICRW in 1946. These developments inform the proper scope of the Article VIII
exception and are consistent with a strictly limited application of the exception, in
particular where there is uncertainty rega rding the status of the relevant whale
stocks.
4.119 These legal considerations, taken together with the IWC Guidelines and
generally accepted principles of scientific practice, indicate that in order to qualify
as a legitimate program for purposes of “scientific research” under ArticleVIII,
that program must possess four essential characteristics: 524
(1) Defined and achievable objectives that aim to contribute knowledge that is
important to the conservation and management of whale stocks;
(2) Appropriate methods that are likely to achieve the stated objectives,
including:
(a) lethal methods only where the objec tives of the rese arch cannot be
achieved by any other means (for ex ample, by the analysis of existing
data and/or the use of non-lethal research techniques);
(b) setting sample sizes using accepted statistical methodology; and
(c) linking mathematical and statistical models to data consistently;
524Mangel, Expert Opinion, para. 4.39 [Appendix 2].
187 (3) Periodic review of research propos als and results and adjustment in
response to such review; and
(4) The research is designed to avoid adverse effects on the stocks being
studied.
4.120 Each of these criteria must be sa tisfied in order for the strict and
exceptional requirements of Article VIII to be met. Any other approach would
undermine the effective operation of the comprehensive regime established by the
ICRW.
4.121 Furthermore, a Contracting Party is constrained by Article 26 of the
Vienna Convention to exercise the permission gr anted by ArticleVIII of the
ICRW only in good faith.
4.122 To summarise, for the purposes of the present case, the permission granted
to Japan by Article VIII is confined to allowing Japan, acting in good faith, only
to grant a permit that is, on the basis of objective criteria, a permit that authorises
the killing, taking or treating of whales “f or purposes of scientific research”, and
for no other purpose. That is:
(1) Article VIII special permits are to be treated as exceptional. Any
legitimate reliance on Article VIII by Ja pan must recognise this essential
character of Article VIII.
(2) Article VIII is not self-judging. It is not for Japan to unilaterally
determine whether the activity that it authorises is for purposes of
“scientific research”. Rather, dete rmination of whether Japan’s special
permit whaling is, in fact, for purposes of “scientific research” is to be
determined by reference to objective criteria.
188(3) Any special permit whaling conducted by Japan must possess the four
essential characteristics of a program for purposes of “scientific research”
identified by Professor Mangel consistently with the IWC Guidelines.
(4) Any special permit whaling conducted by Japan must be for “purposes” of
scientific research and not for any other purpose.
(5) Japan is obliged to act in good faith in relying on Article VIII.
189 CHAPTER 5 - JARPA II IS NOT WITHIN THE
ARTICLE VIII EXCEPTION
5.1 The preceding Chapter discussed the inte rpretation of Article VIII of the
ICRW, and in particular set out five fundamental principles that govern its use by
Contracting Governments. In this Chapter, Australia establishes that JARPAII
does not fall within the exception contained in Article VIII. Not only does
JARPAII fail to meet the description of a program “for purposes of scientific
research”, but Japan’s real purpose in issuing special permits under JARPAII is
manifestly not scientific research.
5.2 Section I describes the failure of JARPA after nearly two decades of
so-called “scientific” whaling by Japan. Notwithstanding this failure, Japan
continued whaling by commencing JARPA II in 2005. SectionI also explains
how in JARPA II Japan continues to employ the same flawed method – the
collection of data through whaling – that failed to generate useful or reliable
results in JARPA. Japan has simply structured JARPA II around new objectives
that purport to be scient ific but have no greater prospects of scientific
advancement or success.
5.3 SectionII assesses JARPA II against the four essential characteristics of a
program “for purposes of scientific research” set out in Chapter4 of this
Memorial. The evidence shows that JARPA II does not possess any of these
characteristics.
5.4 Section III establishes that JARPA II is carried out for purposes other than
scientific research. The manifest purpose of JARPA II – which may be traced to
the inception of JARPA in 1987 as a m eans to subvert the moratorium on
commercial whaling – is the continuation of whaling on a permanent basis.
190 S ECTION I. T HE ALLEGED SCIENTIFIC PURPOSES OF
JAPAN ’S “SCIENTIFIC ” WHALING
5.5 This Section describes the failure of JARPA, in which Japan pursued
objectives that were irrelevant to the management procedure agreed by the IWC –
the RMP – and that were predicted, and ultimately proved, to be practically
unachievable. It then details Japan’s alleged reasons for commencing
JARPA II.
In this respect, the shift from JARPA to JARPA II is critical since Japan continues
to collect the same data using the same methods that failed to produce useful or
reliable scientific results in JARPA. Japan has simply framed a new purported
scientific purpose for JARPA II in an attempt to justify its continued whaling.
A. T HE FAILURE OF JARPA
5.6 Japan conducted JARPA from 1988 to 2005, killing a total of 6,777 minke
whales.525 The main objective of JARPA was to collect data on the biological
parameters of Antarctic minke whales that were central to the NMP, the
management approach that was conclusively discarded by the IWC in 1994. 526
5.7 In particular, the stated “primary purpose” of JARPA was to estimate the
natural mortality rate of Antarctic minke whales.527 The natural mortality rate
determines the chance that a whale will die from natural causes (such as disease,
old age or predation) in any particular y ear. Japan first attempted to calculate the
rate at which whales die from natu ral causes depending on their age (the
525
See Chapter 3, Section II.B.
52See Chapter 2, Sections II.C and II.E. Japan claimed that the estimation of biological
parameters was “essential” for the management of the Antarctic minke whale population: JARPA
proposal, 1987, 2 [Annex 156].
527
The JARPA proposal uses the terminology “age-specific natural mortality coefficient”: Ibid., 3.
191“age-specific natural mortality rate”), but abandoned this after five years to focus
on the average rate of natural mortal ity for all whales, regardless of age. 528 Japan
also aimed to estimate a range of biol ogical parameters relating to reproduction,
including the rate of pregnancy among An tarctic minke whales and the age at
which whales reach sexual maturity. 529 Japan thus focussed JARPA on the
collection of data that was relevant to the NMP.
5.8 When Japan submitted its proposal for JARPA in 1987, two scientists
(Cooke and de la Mare) submitted papers to the Scientific Committee, predicting
that Japan’s method for estimating the na tural mortality rate of minke whales
530
would fail. Moreover, by this time the Scientific Committee and the
Commission had already reached consider ed decisions that the NMP was not
531
capable of being implemented. The Commission accordingly informed Japan
in 1987, in the first of many Resolutions on JARPA, that the program was not
structured to contribute data that were required for the management of Antarctic
532
whale stocks. Japan nonetheless commenced JARPA.
528
Government of Japan, “The 1992/93 Research Plan of Whale Resources in the Antarctic”,
June 1992, SC/44/SHB14, 3.
529JARPA proposal, 1987, 6-7 [Annex 156].
530W de la Mare, “Comments on the program for research of the Southern Hemisphere minke
whale and for preliminary research on the mari ne ecosystem in the Antarctic”, SC/39/O 24,
June1987; JCooke, “Comments on a proposed take of minke whales ( Balaenoptera
acutorostrata) in Antarctic Areas IV and V pursuant to the Feasibility Study on ‘The Programme
for Research on the Southern Hemisphere Mi nke Whale and for Preliminary Research on the
Marine Ecosystem in the Antarctic’”, SC/D87/37, December 1987.
531See Chapter 2, Section II.C.
532Resolution on Japanese Proposal for Special Permits, Appendix 4, Chairman’s Report of the
Thirty-Ninth Annual Meeting, Rep. int. Whal. Commn 38, 1988, 29 (“Resolution 1987-4”)
[Annex 10].
1925.9 In 1989, de la Mare provided a mathematical proof that the methods
533
proposed by Japan were flawed. He further showed that, even if Japan
corrected its flawed methods, the objectiv e of estimating natural mortality was
practically unachievable, and that Japan’s results would be so imprecise as to be
useless.534
5.10 The scientific irrelevance of JARP A was further confirmed in 1994 when
the IWC agreed upon a new management procedure, the RMP. As outlined in
Chapter 2 of this Memorial, the RMP is a sophisticated management procedure
that was deliberately designed to elim inate the need for data on biological
535
parameters obtained through whaling.
5.11 Despite the adoption of the RMP, and in the face of proof that the primary
objective of JARPA would fail, Japan continued whaling under JARPA until
2005. In its final review of JARPA, conducted from 4 to 8 December 2006 in
Tokyo, the Scientific Committee was unable to conclude that any of the objectives
536
of JARPA had been met.
5.12 In particular, the initial predictions of Cooke and de la Mare that Japan
could not succeed in its “primary purpose” of estimating natural mortality rate
proved accurate; the precision of Japan’s estimates was so poor that they did not
533W de la Mare, “On the Simultaneous Estimation of Natural Mortality Rate and Population
Trend from Catch-at-Age Data”, Rep. int. Whal. Commn 39, 1989, 355-362.
534W de la Mare, “A Further Note on the Simultaneous Estimation of Natural Mortality Rate and
Population Trend from Catch-at-Age Data”, Rep. int. Whal. Commn 40, 1990, 489-492.
535See Chapter 2, Section II.E. See also Mangel, Expert Opinion, paras. 3.26, 3.30 [Appendix 2].
Professor Mangel (at para. 6.6) describes the RMP as “a practical and well-tested approach for the
management of...whaling”.
536
“Report of the Intersessional Workshop to Review Data and Results from Special Permit
Research on Minke Whales in the Antarctic”, Tokyo, 4-8 December 2006, J. Cetacean Res.
Manage 10 (Suppl.), 2008, 411 (“IWC Final Review of JARPA”) 433-434.
193even exclude a natural mortality rate of zero. 537 That is, the “results” of JARPA
included the possibility that whales never die. This led the Scientific Committee
to conclude that, after 18 years of Japa n’s “research” and 6,777 whales killed, the
natural mortality rate of minke whales remained “effectively unknown”. 538
5.13 Japan similarly made little progress on other aspects of JARPA. Japan
purported (pursuant to the second objective of JARPA) to investigate the feeding
539
ecology of minke whales through examining their stomach contents. Insum,
Japan found that 99% of the minke whale’ s diet is krill and estimated that the
daily krill consumption of minke whales , as a percentage of their body weight,
ranges from 2.7 to 5%. This is well-est ablished and uncontroversial information,
which did not represent any advance in existing scientif ic knowledge and did not
require that Japan kill one whale, let alone 6,777. For ex ample, a scientific paper
presented to the IWC in 1986 (prior to the commencement of JARPA) concluded
that minke whales feed almost exclusiv ely on Antarctic krill and that their daily
food consumption ranges from 3 to 4% of their body weight (an estimate with a
narrower margin than that produced after 18 years of JARPA). 540 Scientists in the
Committee noted their “disappointment a nd concern” with Japan’s analyses, 541
describing them as “simplistic” an d “not particularly informative”. 542 Yet, as
discussed below, Japan relies on these “results” in support of JARPA II. 543
537
Ibid., 18.
538
Ibid., 32.
539
JARPA proposal, 1987, 3-4 [Annex 156].
540
S G Bushuev, “Feeding of minke whales, Baleanoptera acutorostrata, in the Antarctic”, Rep.
int. Whal. Commn 36, 1986, 241-245.
541
IWC Final Review of JARPA, 428.
542
IWC Final Review of JARPA, 430.
543
See Section I.B of this Chapter.
1945.14 In its final review of JARPA, the Scientific Committee also rejected
Japan’s estimates of the abundance of whale species in the Southern Ocean, 544
which were central to the stated objectives of JARPA. 545 Japan produced these
estimates through conducting sighting su rveys in JARPA and continues these
efforts in JARPA II. 546 As Professor Mangel explai ns, Japan’s sighting activities
are biased by being conducted in a ssociation with whaling activities. 547
For example, whaling activities are likely to change the behaviour of whales in the
vicinity, which will affect the numb er of whales sighted. The abundance
estimates produced by Japan under JARPA we re either unreliable – for example,
the estimates suggested that humpback wh ales were increasing at biologically
548
implausible rates – or were so imprecise as to be useless. For example, Japan’s
estimates of trends in abundance for minke whales, after near ly two decades of
research, were utterly inconclusive. The estimates were consistent with:
[A] substantial decline, a substantial increase, or approximate stability in minke
whale abundance in these geographic areas over the period of JARPA.549
5.15 The most positive conclusion the Scientific Committee was able to reach
on JARPA was that it had “the potential” to improve management, if Japan were
544
The IWC Final Review of JARPA concluded that “agreed estimates of abundance and trends [in
abundance] for Antarctic minke whales in the JARPA research area [had not been developed] at
the present time”: 434.
545IWC Final Review of JARPA , 433. See also S Tanaka, “Estimation of Natural Mortality
Coefficient of Whales from th e Estimates of Abundance and Age Composition Data Obtained
from Research Catches”, Rep. int. Whal. Commn 40, 1990, 531-536.
546
JARPA II proposal, 14 [Annex 105].
547
Mangel, Expert Opinion, para. 5.26 [Appendix 2]; de la Mare et al., Antarctic Baleen Whale
Populations, 10-12, [Appendix 1].
548
IWC Final Review of JARPA , 11-12; Report of the Scientific Committee, J. Cetacean Res.
Manage. 7 (Suppl.), 2005 , 45, 344; Report of the Scientific Committee, Annex H, “Report of the
Sub-Committee on other Southern Hemisphere whale stocks”, J. Cetacean Res. Manage 9
(Suppl.), 2007, 190-191.
549
IWC Final Review of JARPA, 418.
195able to correct the methodological flaws in its “research” to provide useful and
reliable results. This statement was firs t made in 1997 in the interim review of
JARPA, after that program ha d been in place for ten years. 550 It represents a
telling lack of progress towards achieving any useful or re liable scientific results.
The absence of any progress in the re maining decade of JARPA was illustrated
when the Scientific Committee simply repeated the same statement in its final
review. 551 For a long-term, large-scale “research” program, the Scientific
Committee’s statement was tantamount to a finding of abject failure. In short,
JARPA had only managed to accumulate masses of data. As Professor Mangel
552
observes, “science does not consist of simply accumulating data”.
5.16 Over the course of JARPA, in 14 Resolutions, the Commission formally
urged Japan to withdraw JARPA or revise it to use non-lethal means. 553 In these
550
“Report of the Intersessional Working Group to Review Data and Results from Special Permit
Research on Minke Whales in the Antarctic, Tokyo, 12-16 May 1997”, Rep. int. Whal. Commn 48,
1998, 377 (“IWC Interim Review of JARPA ”), 389 (IWC, Scientific Permit Whaling, Information
on scientific permits, review procedure guidelines and current permits in effect, at
<http://www.iwcoffice.org/conservation /permits.htm#jarpa> on 18 April 2011).
551
IWC Final Review of JARPA, 433.
552
Mangel, Expert Opinion, para. 4.6 [Appendix 2].
553
Resolution 1987-Appendix 4 [Annex 10]; Resolution on the Proposed Take by Japan of Whales
in the Southern Hemisphere under Special Permit, Appendix 3, Chairman’s Report of the Forty-
First Annual Meeting, Rep. int. Whal. Commn 40, 1990, 36 (“ Resolution 1989-Appendix 3 ”)
[Annex 16]; Resolution on Special Permit Catches by Japan in the Southern Hemisphere,
Appendix 2, Chairman’s Report of the Forty-Second Meeting, Rep. int. Whal. Commn 41, 1991,
47-48 (“ Resolution 1990-Appendix 2 ”) [Annex 18]; Resolution on Special Permit Catches by
Japan in the Southern Hemisphere, Appendix 2, Chairman’s Report of the Forty-Third Meeting,
Rep. int. Whal. Commn 42, 1992, 46 (“Resolution 1991-Appendix 2”) [Annex 19]; Resolution on
Special Permit Catches by Japan in the Southern Hemisphere, Appendix 7, Chairman’s Report of
the Forty-Fifth Annual Meeting, Rep. int. Whal. Commn 44, 1994, 33 (“Resolution 1993-Appendix
7”) [Annex 21]; Resolution on Special Permit Catches by Japan in the Southern Hemisphere,
Resolution 1994-10, Appendix 15, Chairman’s Report of the Forty-Sixth Annual Meeting, Rep.
Int. Whal. Commn 45, 1995, 47 (“ Resolution 1994-10 ”) [Annex 25]; Resolution 1996-7
[Annex 28]; Resolution 1997-5 [Annex 29]; Resolution 1998-4 [Annex 31]; Resolution 1999-3
[Annex 32]; Resolution 2000-4 [Annex 33]; Resolution 2001-7 [Annex 35]; Resolution 2003-3
[Annex 39]; Resolution on JARPA II, Resolution 2005-1, Annex C, Chair’s Report of the
196Resolutions, the Commission repeatedly highlighted a range of serious
deficiencies in JARPA, in addition to its fundamental concern that the data
collected in the program were not required for management. 554 These included
that JARPA did not address other critical research needs; 555 that it involved lethal
research in a whale sanctuary; 556 and that it killed larg e numbers of Antarctic
minke whales 557 in circumstances where there were no agreed estimates of the
abundance of the stocks and some evid ence that they may be declining. 558 Japan
did not withdraw the program or revise it to use non-lethal means.
5.17 The Commission’s fifteenth and final Resolution relating to JARPA,
Resolution 2007-1, was adopted in 2007 after the conclusion of the program.
In the Resolution, the Commission noted th at not one of the objectives of JARPA
had been met and that the program was not required for management under the
559
RMP, which had been accepted 13 years previously. The Commission again
repeated its request that Japan halt its wh aling activities in the Southern Ocean;
yet by this time, Japan had already commenced JARPA II.
Fifty-Seventh Annual Meeting, Annual Report of the International Whaling Commission 2005 , 1
(“Resolution 2005-1”) [Annex 40].
554
Resolution 1987-Appendix 4 [Annex 10]; Resolution 1989-Appendix 3 [Annex 16]; Resolution
1990-Appendix 2 [Annex 18]; Resolution 1991-Appendix 2 [Annex 19]; Resolution 1993-Appendix
7 [Annex 21]; Resolution 1994-10 [Annex 25]; Resolution 1997-5 [Annex 29]; Resolution 1998-4
[Annex 31].
555Resolution 1989-Appendix 3 [Annex 16]; Resolution 1996-7 [Annex 28]; Resolution 1998-4
[Annex 31].
556
Resolution 1996-7 [Annex 28]; Resolution 1997-5 [Annex 29]; Resolution 1999-3 [Annex 32].
557Resolution 1996-7 [Annex 28]; Resolution 1997-5 [Annex 29]; Resolution 1998-4 [Annex 31];
Resolution 2005-1 [Annex 40].
558
Resolution 2000-4 [Annex 33]; Resolution 2001-7 [Annex 35]; Resolution 2003-3 [Annex 39];
Resolution 2005-1 [Annex 40].
559
Resolution 2007-1 [Annex 41].
197B. T HE CONTINUATION OF WHALING UNDER JARPAII
5.18 Having failed to produce useful or reliable scientific information based on
data from whaling in JARPA, Japan has devised a new overarching goal to
support its continued whaling in JARPA II. In essence, Japan claims that
JARPAII will inform the development of “a new and improved management
system for whales”. 560 This proposed new management system will purportedly
take into account interactions between baleen whale speci es in the Antarctic, and
in particular possible competition between them for their single food source,
krill.61
5.19 Japan claims that it will monitor competition between baleen whale
species, and changes in the Antarctic ecosystem more generally, by collecting data
562
through whaling. Japan proposes to use this da ta to construct an “ecosystem
563
model” that will reflect the competitive interactions between whale species.
This proposed model is the centrepiece of JARPA II. It revolves around a series
of assertions, including the hypothesis that competition between whale species for
krill means that harvesting one species of whale will increase the availability of
krill to other whale species. This is built on the so-called “krill surplus
hypothesis”, which posits that the massive over-exploitation of great whales in the
th
20 century created an overabundance (or su rplus) of krill for other predators
(such as smaller whales, pengui ns and seabirds), which in turn led to an increase
564
in their abundance. As discussed below, Professor Mangel describes this as the
565
only identifiable hypothesis in JARPA II.
560
JARPA II proposal, 5 [Annex 105].
561
JARPA II proposal, 1 [Annex 105].
562
See, for example, JARPA II proposal, 5, 10, 14 [Annex 105].
563JARPA II proposal, 5, 11-12 [Annex 105].
564Mangel, Expert Opinion, para. 5.12 [Appendix 2]; JARPA II proposal, 16 [Annex 105].
565JARPA II proposal, 16 [Annex 105]; Mangel, Expert Opinion, para. 5.12 [Appendix 2].
1985.20 Japan asserts that its proposed model of competition between whale
species will permit the IWC to take an “ecosystem approach” to management and
pursue new management objectives. 566 In particular, Japan suggests that the IWC
could in future attempt to accelerate the recovery of larger (“higher economic
value”) whale species, by culling other smaller species, such as minke whales. 567
This proposed approach to management, which Japan describes as “multi-species
management”, 568 has been roundly criticised within the Commission and the
Scientific Committee as “an oversimp lified and distorted approach to
ecosystems,” 569 and one that is based on “unsubstantiated or incorrect
570
assumptions”.
5.21 Despite framing new objectives for JARPAII, in practice Japan collects
the same data through whaling that it collected under JARPA: data on the
biological parameters; levels of pollutant s; krill consumption; habitat; stock
structure and abundance of whales. 571 That is, Japan is collecting data that in
large part already exist, from JA RPA and previous commercial whaling. 572 After
this data proved so useless and unreliable under JARPA, it was incumbent
upon
566JARPA II proposal, 5, 11-12 [Annex 105].
567
JARPA II proposal, 10-11 [Annex 105].
568
JARPA II proposal, 5, 11-12 [Annex 105].
569
Intervention by Germany, Chair’s Report of the Fifty-Seventh Annual Meeting, Annual Report
of the International Whaling Commission 2005, 49.
570
Report of the Scientific Committee, Report of the Standing Working Group on Scientific
Permits, Appendix2, “Comments on the Government of Japan’s Proposals for a Second Phase of
Special Permit Whaling in Antarctica (JARPA II)”, J. Cetacean Res. Manage. 8 (Suppl.), 2006,
261. See also IWC Final Review of JARPA, 430.
571
JARPA II proposal , 14 [Annex 105], at which Japan refers to a purported need “to secure
continuity with the data collected in JARPA”. Professor Mangel notes that “the collection of
[biological] parameters of whales by lethal take remains central in JARPA II”: Mangel, Expert
Opinion, para. 5.18 [Appendix 2].
572
Mangel, Expert Opinion, para. 5.48 [Appendix 2].
199Japan to demonstrate a clear scientific n eed that justified its continued collection
in JARPA II, a program of unprecedented scale with no end date.
5.22 However, Japan seeks to rely on JARPA, a flawed program with
uninformative and unreliable re sults. Japan claims th at the “results” of JARPA
are consistent with its central proposition in JARP A II that baleen whale
populations are competing for krill. 573 The “results” on which Japan relies include
the estimates of biological parameters, the abundance estimates and the feeding
ecology data that were dismissed by the Scientific Committee in the final review
of JARPA. 574
5.23 It is revealing that Japan’s interpretation of the “results” of JARPA derives
from its own “review” of that program. Japan conducted this “review” in
575
January2005, before JARPA had even concluded. It lacked the independence
576
that is integral to peer review forming part of a proper scientific process. Of the
39 participants in the “review”, 31 were from Japan and most were directly
engaged in JARPA. These participants included 18 members of the Institute of
Cetacean Research and seven Government officials from the Japan Fisheries
577
Agency; they were, in effect, reviewing their own work. The remaining
573
JARPA II proposal, 1 [Annex 105].
574See Section I.A of this Chapter.
575“Report of the Review Meeting of the Japanese Whale Research Program under Special Permit
in the Antarctic (JARPA) called by the Government of Japan, Tokyo, 18-20 January 2005”,
Institute of Cetacean Research, at <http://www.icrwhale.org/eng/JARPA_Report.pdf> on 25 April
2011 (“Government of Japan Review of JARPA”). The final season of JARPA concluded on 8
March 2005: S Nishiwaki et al., “Cruise Report of the Japanese Whale Research Program under
Special Permit in the Antarctic (JARPA) Area V and Western Part of Area VI in 2004/05”,
SC/57/O5, 1.
576
See Chapter 4, Section II.C(3).
577
Annex A, “List of Participants”, Government of Japan Review of JARPA, 19. Twenty-two of
the participants were authors of papers subm itted to the IWC by the Institute of Cetacean
Research.
200 578
reviewers included representati ves of pro-whaling countries. Itn
surprising, given its com position, that the group found that the “results” of
579
JARPA, “viewed broadly”, indicated a need for further “research”.
5.24 When Japan submitted its proposal for JARPA II in 2005, the Commission
adopted Resolution 2005-1 in which it formally called on Japan to withdraw
JARPA II or revise it to use non-lethal m eans, repeating a call it made so often in
relation to JARPA. 580 In the preamble to that Resolution, the Commission set out
its serious concerns in relation to JARPA II, and in part icular Japan’s proposal to
substantially increase its leth al take in the face of si gnificant uncertainty on the
status of the targeted whale populations:
RESOLUTION ON JARPA II
AWARE that Article VIII of the International Convention for the Regulation of
Whaling allows Contracting Governments to grant Special Permits for the purpose
of scientific research on whales;
RECALLING that since the moratorium on commercial whaling came into force in
1985/86, the IWC has adopted over 30 resolutions on Special Permit whaling in
which it has generally expressed its opinion that Special Permit whaling should: be
terminated and scientific research limited to non-lethal methods only (2003-2);
refrain from involving the killing of cetacean s in sanctuaries (1998-4); ensure that
the recovery of populations is not impeded (1987); and take account of the
comments of the Scientific Committee (1987);
ALSO RECALLING Resolution 2003-3 that no additional Japanese Whale
Research Program under Special Permit in the Antarctic (JARPA) programs be
578Annex A, “List of Participants”, Government of Japan Review of JARPA , 19. These
participants were from Gabon, Grenada, Iceland, Korea, Norway and Saint Lucia. They were
joined by Douglas Butterworth, a longstanding member of the Scientific Committee and, as noted
in Chapter 3, a defender of Japan’s whaling on th e basis that it permits cost recovery: “Potentially
the strongest defence for ‘scientif ic whaling’ is that because [n on-lethal sighting] surveys are
enormously expensive, it is not unreasonable to recover the costs through harvests that are
sufficiently low to pose no risk to the stock”: D Butterworth, “Science and sentimentality”,Nature
357 (18 June 1992) 532, 532. See also Chapter 3, Section III.A.
579
Government of Japan Review of JARPA, 15.
580
Resolution 2005-1 [Annex 40]; see Section I.A of this Chapter for the Commission’s
Resolutions on JARPA.
201 considered until the Scientific Committee ha s completed an in-depth review of the
results of JARPA;
FURTHER RECALLING that earlier this year the Government of Japan concluded
JARPA - an 18-year program of whaling under Special Permit in Antarctic waters;
NOTING that the results of the JARPA program have not been reviewed by the
Scientific Committee this year;
CONCERNED that more than 6,800 An tarctic minke whales (Balaenoptera
bonaerensis) have been killed in Antarctic waters under the 18 year [sic] of JARPA,
compared with a total of 840 whales killed globally by Japan for scientific research
in the 31 year period prior to the moratorium;
NOTING that it is the Government of Japan’s stated intention to more than double
the annual catch of Antarctic minke whales and also take 50 fin whales (B. physalus)
and 50 humpback whales (Megaptera novae angliae) under the proposed JARPA II
program;
NOTING that the Third Circumpolar Surv ey indicates that the abundance of
Antarctic minke whales is substantially lower than the earlier estimate of 760 000,
and that the Scientific Committee is worki ng to identify factors contributing to the
differences between the two surveys;
CONCERNED that there are no agreed data to indicate that endangered fin whale
populations have increased since the cessation of whaling;
ALSO NOTING that some humpback whal es which will be targeted by JARPA II
belong to small, vulnerable breeding populations around small island States in the
South Pacific and that even small takes could have a detrimental effect on the
recovery and survival of such populations;
ALSO CONCERNED that JARPA II may have an adverse impact on established
long-term whale research projects involving humpback whales;
NOW THEREFORE THE COMMISSION:
REQUESTS the Scientific Committee to review the outcomes of JARPA as soon as
possible; and
STRONGLY URGES the Government of Japan to withdraw its JARPA II proposal
or to revise it so that any information need ed to meet the stated objectives of the
proposal is obtained using non-lethal means.
5.25 Japan nonetheless commenced JARPA II. In 2007, after the Scientific
Committee completed its final review of JARPA, the Commission adopted
202Resolution 2007-1. 581 In this Resolution, th e Commission called again upon
Japan to “suspend indefinitely” the lethal aspects of JARPAII. The preamble to
the Resolution notes that JARPA did not achieve any of its objectives; that the
aims of JARPA II do not addr ess critically important re search needs; and that
JARPA II may adversely affect the targeted fin and humpback whale stocks:
RESOLUTION ON JARPA
WHEREAS paragraph 7(b) of the Schedule establishes a sanctuary in the Southern
Ocean;
RECALLING that the Commission has repeated ly requested Contracting Parties to
refrain from issuing special permits for research involving the killing of whales
within the Southern Ocean Sanctuary, has expressed deep concern at continuing
lethal research within the Southern Oc ean Sanctuary, and has also recommended
that scientific research involving the killing of cetaceans should only be permitted
where critically important research needs are addressed;
CONSCIOUS that the Scientific Committee last year convened a workshop to
analyse the results of JARPA I, which is reported in SC/59/REP 1;
NOTING that the Workshop agreed that none of the goals of JARPA 1 had been
reached, and that the results of the JARPA I programme are not required for
management under the RMP;
FURTHER NOTING that the Government of Japan has authorised a new special
permit programme in the Antarctic, JARPA II, in which the take of minke whales
has been more than doubled, and fin whales and humpback whales have been added
to the list of targeted species;
CONCERNED that fin whales in the Southe rn Hemisphere are currently classified
as endangered, and that humpback whales in the JARPA II research area may
include individuals from depleted breeding populations overwintering in the waters
of certain Pacific Islands;
CONVINCED that the aims of JARPA II do not address critically important
research needs;
NOW THEREFORE THE COMMISSION
CALLS UPON the Government of Japan to address the 31 recommendations listed
in Appendix 4 of Annex O of the Scientific Committee report relating to the
December 2006 review of the JARPA I pr ogramme to the satisfaction of the
Scientific Committee;
581
Resolution 2007-1 [Annex 41].
203 FURTHER CALLS UPON the Government of Japan to suspend indefinitely the
lethal aspects of JARPA II conducted within the Southern Ocean Whale Sanctuary.
5.26 In addition to these views repeat edly expressed by the Commission, a
large number of Contracting Governments to the ICRW have consistently
expressed their opposition to JARPA II. The Governments of Argentina,
Australia, Austria, Belgium, Braz il, Chile, Costa Rica, Croatia, the
CzechRepublic, Ecuador, Finland, France, Germany, Greece, Hungary, Ireland,
Israel, Italy, Luxembourg, Mexico, Monaco, the Netherlands, New Zealand, Peru,
Portugal, San Marino, the Slovak Republic, Slovenia, Spain, Sweden,
Switzerland, the United Kingdom, the Unit ed States of America and Uruguay,
joined by the European Commission, have participated in joint démarches
strongly urging the Government of Japan to cease JARPA II. 582
5.27 These démarches express the serious concerns of the participating
Governments and the European Commission that JARPA II has no scientific
value; that lethal research is unnece ssary under the program given available
non-lethal techniques; that lethal research should not be conducted in the Southern
Ocean Sanctuary; that the scale of lethal take under the program is without
582
Aide Mémoire, Joint Démarche by Argentina, Australia, Austria, Belgium, Brazil, Finland,
France, Germany, Ireland, Italy, Mexico, Monaco , New Zealand, Peru, Portugal, Spain, Sweden,
the Netherlands, the United Kingdom, June 2005 [Annex 64]; Aide Mémoire, Joint Démarche by
Australia, Brazil, France, Mexico, Portugal, Spain, the United Kingdomet al. , January 2006
[Annex 65]; Aide Mémoire, Joint Démarche by Argentina, Australia, Austria, Belgium, Brazil,
Chile, the Czech Republic, Finlan d, France, Germany, Hungary, Ireland, Italy, Luxembourg,
Mexico, Monaco, the Netherlands, New Zealand, Peru, Portugal, San Marino, Slovenia, Spain,
Sweden, Switzerland, the United Kingdom and the United States, 15 December 2006 [Annex 66];
Aide Mémoire, Joint Démarche by Australia, Argentina, Austria, Belgium, Brazil, Chile, Costa
Rica, Croatia, Czech Republic, Ecuador, the European Commission, Finland, France, Germany,
Greece, Ireland, Israel, Italy, Luxembourg, Mxico, Monaco, the Netherlands, New Zealand,
Portugal, San Marino, Slovak Republic, Slovenia, Spain, Sweden, the United Kingdom and
Uruguay, “Objection to Ja pan’s Scientific Whaling”, 21December 2007 [Ann ex 67]. This most
recent démarche forms Annex 1 to the Application of Australia instituting the current proceedings,
filed on 31 May 2010.
204precedent; and that JARPA II may undermine the long-term viability of
vulnerable humpback and endangered fin whale species. 583
5.28 Thus even as Japan has sought to build a new framework for JARPA II,
the essential point is that it rests on the same data that failed to produce results in
JARPA. It is against this background th at it falls to the Court to determine
whether JARPA II is a program for pur poses of scientif ic research under
ArticleVIII of the ICRW. Section II establishes that JARPA II is not such a
program.
583
Ibid.
205 S ECTION II. JARPA II IS N OT S CIENTIFIC R ESEARCH
5.29 As set out in Chapter 4 of this Memorial, it is not for Japan subjectively to
characterise its activity as being scientific research: the test of scientific research
in accordance with ArticleVIII is an objective one. Consistent with the
conclusion of Professor Mangel and the IWC Guidelines for the review of special
permits, the four essential characteristics of a program that may properly be
characterised as being for purposes of scientific research under Article VIII are:
(1) Defined and achievable objectives that aim to contribute knowledge that is
important to the conservation and management of whale stocks;
(2) Appropriate methods that are likely to achieve the stated objectives,
including:
(a) lethal methods only where the objec tives of the rese arch cannot be
achieved by any other means (for ex ample, by the analysis of existing
data and/or the use of non-lethal research techniques);
(b) setting sample sizes using accepted statistical methodology; and
(c) linking mathematical and statistical models to data consistently;
(3) Periodic review of research propos als and results and adjustment in
response to such review; and
(4) The research is designed to avoid adverse effects on the stocks being
studied.84
5.30 These characteristics should be treated in a hierarchical manner, in the
sense that they should be followed sequentially in both the design and t
he conduct
of a program for purposes of scientific research. The necessary starting point is
the selection of the objectives – the scientific questions to be investigated. The
58Mangel, Expert Opinion, para. 4.39 [Appendix 2].
206next step is to determine the methods or tools that are appropriate and necessary to
achieve the identified objectives. The thir d step is the period ic review of the
research proposal and its results, includi ng the adjustment of the research as it
proceeds, in order to ensure that the program remains capable of achieving its
objectives. Finally, there is an overarching requirement that the scientific research
must be designed to avoid adverse effects on the whale stocks being studied.
5.31 The four essential characteristics of sc ientific research under Article VIII
are cumulative and interrelated; in order to be characterised as scientific research,
a program must reflect each of them, both in its design and in its implementation.
If JARPA II fails to meet any one of them, it follows that the program as a whole
does not fall within the m eaning of, and is not ju stified by reference to,
Article VIII.
5.32 This case is therefore about the proce sses by which scientific research is
carried out. As Professor Mangel not es, “the conclusions [of science] are
transient (that is, subject to ongoing te sting and revision) but the methods are
not”.585 JARPA II does not stand or fall under Article VIII by reference to
whether the results claimed by Japan cons titute good science or mediocre science
or poor science. Rather, Article VIII re quires the Court to determine whether
Japan has designed a program that meets the four characteristics identified above,
making it a scientific program at all.
5.33 That is not to say that the outcome or product of a purported scientific
research program is irrelevant to an objective assessment of the motivation for
which the activity is conducted. The essence of the process of science is to extract
knowledge from data. 586 Where a program consistently fails to produce
knowledge through sound results – as JA RPA did from 1988 to 2005 and as
585Mangel, Expert Opinion, para. 4.1 [Appendix 2].
586Mangel, Expert Opinion, para. 4.7 [Appendix 2].
207JARPA II continues to do today – this will confirm that it has not been designed
and conducted in accordance with the basic re quirements of established scientific
process.
5.34 JARPA II fails to satisfy any of the four essential characteristics of a
program for purposes of scientific research. In fact, Japan has “retro-fitted” a
purported “scientific” research program to justify its true purpose of continuing
587
whaling on a permanent basis. Japan has commenced with a pre-determined
method (killing) without taking the necessary steps of defining an achievable
scientific objective or id entifying the most a ppropriate methods to achieve that
objective. Instead, Japan has devised vague purported “scientific” objectives to
match its pre-determined purpose of conti nuing whaling. There is no identifiable
endpoint at which these objectives may be achieved; instead JARPA II provides
for the collection of data through whali ng on a permanent basis. The goal of
continuing whaling on a permanent basis also explains why Japan fails to adjust
its program in response to periodic review, and why it persists with its “research”
despite the manifest paucity of useful a nd reliable results, a nd sustained critique
from independent members of the scientific community. Finally, JARPA II is not
designed to avoid adverse effects on the minke, fin and humpback whale stocks
targeted.
A. JARPAII DOES NOT HAVE SCIENTIFIC OBJECTIVES
5.35 The formulation of objectives in a scie ntific research program requires the
selection of particular hypotheses or que stions that will be answered through the
proposed research. As set out in Chapter 4, in order for scientific obj
ectives to be
587The evidence in relation to Japan’s true purpose of continued whaling is set out in Section III of
this Chapter and Chapter 3.
208 588
achievable, these questions or hypotheses must be capable of being tested. As a
corollary, the particular que stion or hypothesis must be sufficiently defined such
that progress towards its answer may be assessed on verifiable grounds. Without
such a defined question or hypothesis to test, a research program has no
achievable goals.
5.36 Moreover, when scientific research is “motivated by an important applied
problem such as the conservation and manage ment of whales”, it is critical that
the knowledge extracted from the data can be used to pr ovide relevant answers to
589
this problem. This means that the questions or hypotheses to be tested must be
framed to address important gaps in the current state of knowledge in the relevant
area or field. The IWC has recognised this in respect of Article VIII, by
stipulating that the objectives of a progr am for purposes of scientific research
must aim to contribute knowledge that is important to the conservation and
management of whale stocks. 590
5.37 The Commission and the Scientific Committee agree on areas for research
relating to the conservation and management of whale stocks (sometimes referred
to as “critically important research n eeds”) from time to time in their Annual
Reports and, in the case of the Commission, in its Resolutions. These i
nclude
issues relating to the mana gement of whale stocks under the RMP, such as
591
abundance estimates and stock structure, and conservation issues such as the
588Chapter 4, Section II.C(1). Professor Mangel describes this as selecting questions that are
“operationally defined”: Mangel, Expert Opinion, para. 4.11 [Appendix 2].
589Mangel, Expert Opinion, para. 4.37 [Appendix 2].
590
Chapter 4, Section II.C(1).
591
See, for example, Resolution on Surveys In tended to Provide Abundance Estimates for the
Implementation of the Revised Management Scheme, Resolution 1995-7, Appendix 8, Chairman’s
Report of the Forty-Seventh Annual Meeting, Rep. int. Whal. Commn 46, 1996, 45. In respect of
the most recent priorities agreed by the Scientific Committee, see Report of the Scientific
Committee, J. Cetacean Res. Manage. 11 (Suppl.), 2009 , 65-66; Report of the Scientific
Committee, J. Cetacean Res. Manage. 10 (Suppl.), 2008 , 64-65; Report of the Scientific
209 592
effects of environmental change on cetaceans. The onus is on the proposers of
research to demonstrate that their work will contribute important information to
593
these areas.
5.38 Following the manifest failure of JARPA, Japan devised four new
objectives for JARPA II, as follows:
1) Monitoring of the Antarctic ecosystem, 2) Modelling competition among whale
species and developing future management objectives, 3) Elucidation of temporal
and spatial changes in stock structure and 4) Improving the management procedure
for the Antarctic minke whale stocks.94
5.39 These objectives do not contain defined, testable scientific questions that
can be falsified or validated through Japan’s whaling. Instead, Japan has merely
identified broad fields of potential scientific interest to the IWC, such as “the
Antarctic ecosystem” and the stock struct ure of whale species. Similarly, Japan
describes its objectives as if their contribution to the conservation and
management of whale stocks were se lf-evident (such as “improving the
management procedure for Antarctic minke whale stocks”). However, Japan has
not identified any important gap in knowledge on the conservation and
management of whale species that will be addressed by JARPA II.
Committee, IWC/62/Rep 1, 18 June 2010, 80-81 (collectively, “ Scientific Committee Research
Priorities”).
592See, for example, Consensus Resolution on Climate and Other Environmental Changes and
Cetaceans, Resolution 2009-1, Annex F, Chair’s Report of the Sixty-First Annual Meeting, Annual
Report of the International Whaling Commission 2009 , 1; Resolution on Environmental Change
and Cetaceans, Resolution 2000-7, Appendix 1, Ch airman’s Report of the Fifty-Second Annual
Meeting, Annual Report of the International Whaling Commission 2000 , 56-57; Resolution on
Research on the Environment and Whale Stocks, Resolution 1994-13, Appendix 14, Chairman’s
Report of the Forty-Sixth Annual Meeting, Rep. int. Whal. Commn 45, 1995, 49. See also
Scientific Committee Research Priorities.
593Mangel, Expert Opinion, para. 5.52 [Appendix 2].
594
JARPA II proposal, 1 [Annex 105].
2105.40 Beyond the broad claims in Japan’s stat ed objectives, it is “difficult to
595
impossible to clearly identify the hypotheses” of JARPAII. Without
identifying new facts or conclusions that are to be investigated and the period of
time over which this is to occur, Japa n has designed object ives that require
nothing more than the continuous collec tion of data. As Professor Mangel
observes, “science does not consist of simply accumulating data”. 596
5.41 The first objective of “monitoring the Antarctic ecosystem”, which is the
597
primary justification for lethal fieldwork in JARPA II, amply illustrates the
open-ended nature of the program. Japan does not define what it proposes to
achieve pursuant to this objective. Any data obtained from the Southern Ocean
could arguably be said to comprise mon itoring the Antarctic ecosystem. Japan
does not define the Antarctic ecosystem, nor explain how the area in which it
conducts JARPA II is representative of this ecosystem. In fact, the Antarctic
ecosystem in its ordinary meaning covers a much larger area than the narrow
598
region in which Japan conducts its whaling.
5.42 Japan does not demonstrate how the da ta collected will be useful in
understanding changes in the Antarctic ecosystem. For example, Japan does not
explain how the data collected from whales killed will contribute to understanding
global warming (one of the changes in th e Antarctic that Japan purports to be
595
Mangel, Expert Opinion, para. 5.22 [Appendix 2].
596
Mangel, Expert Opinion, para. 4.6 [Appendix 2].
597JARPA II proposal, 14-15 [Annex 105]; Report of the Scientific Committee, J. Cetacean Res.
Manage. 8 (Suppl.), 2006, 50-51.
598For example, Article I of CCAMLR defines th e Antarctic marine ecosystem to mean “the
complex of relationships of Antarctic marine liing resources with each other and with their
physical environment” in the area south of 60 ˚ South, as well as in the area between that latitude
and the Antarctic Convergence (a line defined in that Article). This is significantly larger than the
area in which Japan conducts JARPA II: see Figu re5 – Japan’s Areas of Whaling Operations
under JARPA II, at Chapter 3, Section II.B.
211 599
monitoring). Nor does Japan include any criteria for determining when
sufficient data will have been collected such that its “monitoring” will be
completed. In fact, JARPA II has no defined endpoint. Members of the
ScientificCommittee identified the open-e nded nature of JARPA II as a serious
concern when considering the JARPA II pr oposal, noting that the program “has
600
no time limit by which [progress towards its objectives] can be assessed”.
5.43 The objectives of JARPA II are so va gue that they “could be used to
justify almost any activity th at Japan wished to pursue”. 601 The only identifiable
hypothesis in JARPA II is the “krill surp lus hypothesis”, which posits that the
massive over-exploitation of great whales ha s created a surplus of krill for other
predators (such as smaller whales, penguins and seabirds), which has in turn led to
an increase in the abunda nce of those predators. 602 This hypothesis underpins
Japan’s objective of constructing a model of competition between whale species
for krill, which will purportedly lead to an improved management procedure for
Antarctic minke whale stocks. 603 As discussed below, however, the investigation
of this hypothesis is simply not achievable through Japan’s whaling, since even to
attempt to test the “krill surplus hypothesis”, Japan would need to unde
rtake a
much broader ecological study on the Antarctic ecosystem and other krill
predators. 604 Therefore, there is no nexus between the data Japan collects and its
only defined hypothesis in JARPA II.
599
JARPA II proposal, 8 [Annex 105].
600
S Childerhouse et al., Appendix 2, “Comments on the Government of Japan’s Proposals for a
Second Phase of Special Permit Whaling in Antarctica (JARPA II)”, Annex O1, Report of the
Standing Working Group on Scientific Perm its, Report of the Scientific Committee, J. Cetacean
Res. Manage. 8 (Suppl.), 2006, 260-261 [Annex 52].
601Mangel, Expert Opinion, para. 5.22 [Appendix 2].
602Mangel, Expert Opinion, para. 5.12 [Appendix 2]; JARPA II proposal, 16 [Annex 105].
603JARPA II proposal, 10-11 [Annex 105].
604
See Section II.B(1) of this Chapter.
2125.44 In addition to the lack of defined que stions that can be tested through
Japan’s whaling, the objectives of JARPA II are framed without reference to any
demonstrated need for the data collected. For example, Japan makes a number of
far-reaching assertions – pursuant to its second, third and fourth objectives – that
JARPA II will contribute to th e management of whale stocks. 605 The RMP is the
accepted management procedure within th e IWC relating to the conservation and
management of whale stocks. It is unclear whether Japan proposes to improve the
RMP or replace it entirely with its new “ecosystem approach” management
model. Regardless, the central problem is that Japan has not demonstrated that
there are any circumstances in which the RMP would fail to work. That is, Japan
has not demonstrated a gap in knowledge that JARPA II will address.
5.45 The Scientific Committee has emphasised that in light of “the thorough
and extensive testing process” that accompanied the development of the RMP, the
question of revising it “should not be approached in a casual manner”. 606 In the
course of the considered process of rigorous testing through which the RMP was
developed (in which Japa nese scientists were active participants), 607the
ScientificCommittee examined and satisfactorily resolved the very issues that
Japan now proposes to address. For ex ample, the Scientific Committee ensured
that variables were built into the RMP that adequately reflect uncertainty in the
Maximum Sustainable Yield Rate, 608 the possible effects of competition between
605JARPA II proposal, 11-12 [Annex 105].
606Report of the Scientific Committee, Rep. int. Whal. Commn 44, 1994, 47.
607G Kirkwood, “Background to the Development of Revised Management Procedures”, Annex I,
Report of the Scientific Committee, Rep. int. Whal. Commn 42, 1992, 236, discussing the proposal
from Sakuramoto and Tanaka (Japanese members of the Scientific Committee) at 239.
608Maximum Sustainable Yield Rate (MSYR) refers to the proportion of a population that
theoretically may be harvested sustainably: see Mangel, Expert Opinion, para. 3.12 [Appendix 2].
Japan claims that it will refine the range of estimates of MSYR utilised in the RJARPA II
proposal, 12 [Annex 105]. As discussed in SectionII.C(2) of this Chapter, this claim is
unachievable through Japan’s whaling.
213whale species and the various stock structure hypotheses which Japan proposes to
609
investigate in JARPA II. Japan has not demonstrated that these (or any other)
aspects of the RMP are in any way deficient or inadequate. Furthermore, Japan
has not shown how (if this were the case) data obtained fro m lethal whaling –
which are not used in the RMP – would correct such deficiencies.
5.46 The IWC has an agreed Protocol fo r proposed revisions to the RMP,
which has been invoked in only one instance. 610 It requires that Contracting
Governments provide adequate notice of such proposals, supported by sufficient
evidence to demonstrate the proposals’ importance. 611 After six years of whaling
under JARPA II, Japan has given no indication that it intends to make a proposal
for revising the RMP.
5.47 The IWC itself has recognised that “t he aims of JARPA II do not address
612
critically important research needs”. In fact, the Commission has never
identified a need for data obtained from the lethal research in JARPA II in respect
of any of its research priorities. To the contrary, the Commission has regularly
609
For a specification of the various models used in the RMP, which take into account a wide
range of uncertainties including possible effects of competition between species, see: “Single
Stock Trials for Finalised Procedures”, Report of the Fourteenth Workshop on Management
Procedures, Annex D, Rep. int. Whal. Commn 42, 1992, 317-318; “Robustness trials”, Report of
the Scientific Committee, Annex D, Rep. int. Whal. Commn 42, 1992, 110. For consideration of
the stock structure hypotheses posited by Japan during the RMP development process, see:
FKasamatsu, and S Nishiwaki, “Breeding grounds and southbound migration of southern minke
whales with special reference to stock boundaries”, SC/42/SHMi20, 1990; “Report of the Working
Group to Examine Choices For Medium Area Boundaries”, Report of the Scientific Committee,
Annex E, Rep. int. Whal. Commn 43, 1993, 109-110.
610
Rep. int. Whal. Commn 44, 1994, 47 (“Protocol for Revising the RMP ”) [Annex 51]. This
protocol has been invoked by Norway: Report of the Scientific Committee, Annex D, “Report of
the Sub-Committee on the Revised Management Procedure”, J. Cetacean Res. Manage. 7 (Suppl.),
2005, 79-80.
611Protocol for Revising the RMP [Annex 51].
612Resolution 2007-1 [Annex 41].
214recommended non-lethal methods in its Resolutions concerni ng research on
613
cetaceans.
5.48 It is essential to have defined and achievable scientific objectives,
especially before commencing lethal fieldwork. As Professor Mangel states,
“theessence of science is to extract knowledge from data and, if one does not
know in advance how the data will be anal yzed to extract such knowledge, one is
614
not ready to collect the data”. JARPA II is not structured to advance scientific
knowledge; its objectives instead are an a ttempt to justify whaling on an ongoing
basis. As such, JARPA II does not meet the first essential characteristic of a
program for purposes of scientific research.
B. JARPAII DOES NOT HAVE APPROPRIATE SCIENTIFIC METHODS
5.49 Assuming the objectives of a scientific research program pass the first test
of being defined, achievable and importa nt, the proponents of the program must
carefully evaluate the range of available me thods in order to se lect those that are
most likely to effectively achieve thei r stated objectives. Professor Mangel
describes this as “the important step of identifying the best tools that will answer
[the] questions as clearly a nd unambiguously as possible”. 615 If,as inJARPA II,
the objectives of a research program ar e poorly defined, unachievable and do not
613
Resolution on Promotion of Research Related to Conservation of Large Baleen Whales in the
Southern Oceans, Resolution 1994-12, Appendix 13, Chairman’s Report of the Forty-Sixth Annual
Meeting, Rep. int. Whal. Commn 45, 1995, 48; Resolution 1995-8 [Annex 27]; Resolution on
Environmental Change and Cetaceans, Resolution 1997-7, Appendix 7, Chairman’s Report of the
Forty-Ninth Annual Meeting, Rep. int. Whal. Commn 48, 1998, 48; Resolution on the Southern
Ocean Sanctuary, Resolu tion 1998-3, Appendix 4, Chairman’s Report of the Fiftieth Annual
Meeting, Annual Report of the International Whaling Commission 1998 , 42-43; Resolution on
Environmental Changes and Cetaceans, Resolution 1998-5, Appendix 6, Chairman’s Report of the
Fiftieth Annual Meeting, Annual Report of the International Whaling Commission 1998, 43-44.
614Mangel, Expert Opinion, para. 4.7 [Appendix 2].
615Mangel, Expert Opinion, para. 4.14 [Appendix 2].
215aim to contribute important knowledge, th en it follows that the question of
selecting appropriate methods does not even arise as the program should not be
commenced.
5.50 However, for the purposes of assessing JARPA II against the second
essential characteristic of a scientific research program, this Section treats the
broad fields of scientific interest iden tified in the JARPA II proposal – such as
competition between whale species for krill, the stock structure of whale species
and changes in the Antarctic ecosystem – as if they were framed as valid scientific
objectives (which they are not). The fundamental question is whether the methods
chosen by Japan are appropriate to address these. In this respect, Japan must
demonstrate that it is appropriate to con tinue using the same lethal methods to
collect the same data that failed to produce reliable or useful results in JARPA.
5.51 Chapter 4 described the overarching test that must be met, namely that the
616
methods selected must be likely to achieve the stated objectives. This includes
three further requirements. First, models must be linked to the data that are
collected. Secondly, lethal methods must only be selected for use in a research
program under Article VIII where no othe r means are available. The third
requirement becomes relevant only where it has been established that it is
essential to use lethal methods to achieve the stated objectives of the program. In
that event, the sample size (in this case, the number of whales killed) and the
timeframe for the conduct of lethal research must be strictly limited to those
necessary to achieve the program’s stated objectives.
5.52 Japan has entirely disregarded the step of selecting appropriate methods in
JARPA II. In substance, Japan only pursu es methods associated with whaling,
which is “adisproportionate focus” of Japan’s effort. 617 Japan has not provided
616See Chapter 4, Section II.C(2).
617Mangel, Expert Opinion, para. 5.27 [Appendix 2].
216any proper analysis that demonstrates that its core method of whaling is
appropriate, by comparing it with other methods and assessing which combination
of tools would be the most effective to achieve its broadly-framed objectives.
(1) Japan does not use methods that are likely to achieve the stated objectives of
JARPA II
5.53 Japan’s narrow focus on whaling mean s that Japan is not using methods
that are effective to address the broad fields of scientif ic inquiry vaguely
identified in the JARPA II proposal. Dead whales provide lit tle information of
importance, compared to that which Japa n could obtain by util ising a wide range
of other methods more commonly used in large-scale scientific research on
cetaceans.
5.54 This is demonstrated in the case of Japan’s “research” on stock structure.
Whales may be grouped into different stocks, depending on where they habitually
breed and/or where they migrate. 618 Whales are highly migratory species, and
significant uncertainty remains about which migratory routes are taken by
different whale stocks (and the extent to which these migrations overlap) and
where different whale stocks breed, as we ll as how these things may vary from
year to year. This means that to answ er important questions on stock structure,
methods that permit the investigation of the annual movements of whales between
619
their feeding grounds and their breeding grounds are required.
618The concept of stock structure broadly refers to the subdivision of whale populations into
groups of animals that are either genetically dis tinct (“biological stocks”) or occur in the same
geographic area with only negligible mixing with adjacent geographic areas (“unit stocks”). The
JARPA II proposal does not discuss this distinction.
619
The important questions for the RMP relate to where different biological stocks of whales are
present at any one time. This can best be dtermined by observing the movements of whales,
which is not possible with lethal methods. Th e RMP sets catch limits by “Small Area”, meaning
that catch limits apply either to areas that contain whfrom only one biological stock or, if
2175.55 ProfessorMangel describes the curren t technology of satellite tagging to
track whales’ movements as the “gold standard of methodology” to research stock
620
structure. For example, it is possible to atta ch tags to whales (using non-lethal
darts) that provide daily transmissions of their position to satellites orbiting the
Earth, for up to six months. 621 This can, for example, track whales as they migrate
across vast distances of the ocean from their feeding grounds to their breeding
grounds.
5.56 In contrast, whaling only gives the location of the whale at a single instant.
Moreover, it eliminates the whale from further study. Yet Japan purports to make
progress on stock structure by analysing the tissues of dead whales collected in the
same area year after year. This in part explains Japan’s lack of progress on stock
structure: after 18 years of JARPA and nearly 7,000 dead whales, Japan was only
able to conclude that there are at least two stocks in the JARPA area which mix to
some extent. 622
5.57 Another example is Japan’s purported investigation of the predator-prey
interaction between whales and krill. In JARPA II, Japan claims to investigate
this by developing an ecosystem model that would take into account the purported
effects of competition between whale species (including the “krill surplus
623
hypothesis”). The Scientific Committee has a Working Group on Ecosystem
Modelling, which meets annually to revi ew progress in developing ecosystem
whales from different bi ological stocks are present, the catch limit is set according to the
proportions in which the stocks are present: Report of the Scientific Committee, Annex H, “The
revised management procedure (RMP) for baleen whales”, Rep. int. Whal. Commn 44, 1994, 145-
152.
620
Mangel, Expert Opinion, para. 5.35 [Appendix 2].
621B Mate, R Mesecar and B Lagerquist (2007) “T he evolution of satellite -monitored radio tags
for large whales: one laboratory’s experience”, Deep Sea Research; Part II, 54(3-4), 224-247.
622IWC Final Review of JARPA, 421-422, 433.
623JARPA II proposal, 15-16 [Annex 105].
218models relevant to the work of the IWC. 624 After six years of “research” under
JARPA II, Japan has presented no papers or models of competition using lethally
obtained data to this Working Group.
5.58 This lack of progress reflects (at least in part) the poor methods chosen by
Japan. Professor Mangel observes that:
[A] program intended to investigate [the “krill surplus hypothesis”] would need to
begin with a broad focus on the interactions between different predators of krill and
krill consumption by all such predators... JARPA and JARPA II do not do this since
their narrow focus is purportedly on three (in practice, essentially just one) species
of whale.625
5.59 When the JARPA II proposal was submitted in 2005, it was noted within
the Scientific Committee that Japan’s failure to properly research krill seriously
undermines JARPA II’s ability to achieve its stated objectives, to the extent that it
appeared that the research proposal was not serious about achieving them. 626
Despite the fact that the JARPA II proposal acknowledges the centrality of krill to
its stated objectives, Japan has no speci fic research plans for properly studying
krill or other krill predators. Japan merely states in the JARPA II proposal that it
will monitor krill “if possible” 627and will record sightings of “seals and possibly
628
other krill predators”. Japan has not yet reported any sightings of other krill
629
predators like seals or squid, and only occasionally takes samples of krill. This
falls far short of the systematic study of krill and krill predators that would be
required to investigate the “krill surplus hypothesis”.
624The Ecosystem Modelling Working Group was fi rst convened in 2007. For its most recent
report, see Report of the Scientific Committee, 18 June 2010, IWC/62/Rep 1, 53-55 and Annex KI,
“Final Report of the Working Group on Ecosystem Modelling”.
625
Mangel, Expert Opinion, para. 5.37 [Appendix 2].
626
Report of the Scientific Committee, J. Cetacean Res. Manage. 8 (Suppl.), 2006, 51.
627JARPA II proposal, 11 [Annex 105].
628JARPA II proposal, 14 [Annex 105].
629JARPA II Cruise Report 2006/07 , 4 [Annex 58]; JARPA II Cruise Report 2007/08, 6 [Annex
59]; JARPA II Cruise Report 2008/09, 7 [Annex 60].
2195.60 The study of predator-prey interactions involving krill is a common feature
of scientific research programs in the Southern Ocean, given the essential function
of krill as the primary prey for a wide range of animals including whales, seals,
630
fish, penguins and seabirds. In contrast to JARPA II, these programs adopt a
multi-disciplinary and collaborative approach, drawing on a range of diverse
non-lethal methods, to properly examine the role of krill in the Antarctic
ecosystem. For example, the recently established Southern Ocean Research
Partnership (SORP), a consortium of Contracting Governments conducting
631
research under the auspices of the IWC, studies (amongst other things) whale
foraging ecology and predator-prey interactions between minke and humpback
whales and krill across di fferent Antarctic regions. 632 SORP employs modern
non-lethal methods, including tagging te chnologies that tr ack the feeding
behaviour of whales as they swim and dive at different depths and sophisticated
computer programs that identify patterns in the movement of whales as they feed
over long periods. 633
5.61 Another example is the Ecosys tem Monitoring Program of the
Commission for the Conservation of Anta rctic Marine Living Resources, known
630Professor Mangel provides a simple diagram of the Antarctic ecosystem which illustrates some
of the predators of krill: Mangel, Expert Opinion, para. 5.14 [Appendix 2].
631SORP was endorsed by the Scientific Committee at its annual meeting in 2009: Report of the
Scientific Committee, 2009, IWC/61/Rep 1, 89.
632Government of Australia, Australian An tarctic Division, “SORP Projects”, at
<http://www.marinemammals.gov.au/sorp/sorp-projects> on 15 April 2011. The members of the
SORP Steering Group at the time of filing thisMemorial include Argentina, Australia, Brazil,
Chile, France, Germany, South Africa and the United States: S Childerhouse, “Annual Report of
the Southern Ocean Research Partnership 2 009/10”, at <http://www.m arinemammals.gov.au
/__data/assets/pdf_file/0007/26944 /SC-62-O9.pdf> on 25 April 2011.
633S Childerhouse, “Project Outlines for the Southern Ocean Research Partnership”, SC/62/10, 12-
15 (Government of Australia, Australian Antarctic Division, SORP Projects, Southern Ocean
Research Partnership at <http://www.marinema mmals.gov.au /__data/assets/pdf_file/0003/26940
/SC-62-O10-SORP-Project-Plans.pdf> on 15 April 2011).
220as CEMP, which was established in 1985. CEMP studies krill and a range of
krill-dependent species (four species of penguin, three species of bird and two
species of seal) across three different st udy regions and a netw ork of associated
634
sites. Scientists in CEMP use over 20 different non-lethal standardised
methods in order to detect significant changes in these cr itical components of the
635
Antarctic ecosystem.
5.62 Japan also conducts scientific resear ch on the krill-bas ed ecosystem in
Antarctica through its National Institute for Polar Research (NIPR) 636and its
National Research Institute of Far Seas Fisheries. 637 In the 24 years since JARPA
commenced, the National Research Institute of Far Seas Fisheries has collaborated
in only one exercise undert aken in JARPA, namely a non-lethal survey on krill
undertaken in the 2004 /05 whaling season. 638 NIPR similarly operates entirely
separately to JARPA II. In 2009, NIPR hosted a symposium of the Scientific
Committee on Antarctic Research (SCAR, established under the
Antarctic Treaty ) 639 in Japan. Of the 235 oral and written presentations on
Antarctic biology, none referred to “research” conducted under JARPA or
JARPA II.
634
Commission for the Conservation of Antarctic Marine Living Resources, “CEMP”, at
<http://www.ccamlr.org/Pu/e/sc/cemp/intro.htm> on 15 April 2011.
635
Commission for the Conservation of Antarctic Marine Living Resources, “CCAMLR
Ecosystem Monitoring Program: Standard Methods”, January 2004 (revised), at
<http://www.ccamlr.org/Pu/e/e_pubs/std-meth04.pdf> on 15 April 2011. This comprehensive
document runs to 268 pages.
636
National Institute of Polar Research, “NiPR: National Institute of Polar Research”, at
<http://www.nipr.ac.jp/english/> on 15 April 2011.
637
Japan Fisheries Agency, National Research Institute of Far Seas Fisheries, “The history and our
rules”, at <http://fsf.fra.affrc.go.jp/eng/history-e.htm> on 15 April 2011.
638
IWC Final Review of JARPA, 427-428.
639
The Antarctic Treaty, Washington, 1 December 1959, 402 UNTS 71 (entered into force 23 June
1961).
2215.63 If Japan were serious about pro ducing scientific knowledge through
JARPAII, it would use methods that ar e capable of addressing its stated
objectives. Professor Mangel describes the proper process of scientific research
as “[the] assembling [of] many different strands of evidence, which, if collected
properly, can be woven into a strong and intellectually sound fabric of
640
conclusions”. However, in JARPA II, Japan focusses on those strands that
involve lethal take. Japan essentially limits its methods to collecting data through
whaling, year after year, in the same area in which it commenced JARPA (and in
641
which it harvested whales before that), and in isolation from its own genuine
scientific research programs. Professor Mangel theref ore concludes that “[e]ven
though JARPA II’s objectives have changed, its practice has not been altered so as
to collect the type of data requir ed for a far broader ecological study”. 642 Japan
has invested little energy in adopting appropriate research techniques for
JARPA II: the majority of its effort is directed to hunting and killing whales. 643
(2) The proposed models in JARPA II are not linked to the data collected
5.64 Japan’s overarching goal in JARPA II is to construct a model of the
Antarctic ecosystem, incorporating the effects of competition between whale
species. 644 Japan claims that the data it collects through whaling will be used for
this model. 645 However, the types of models proposed in association with
640Mangel, Expert Opinion, para. 4.5 [Appendix 2].
641
See Chapter 3, Section II.B.
642
Mangel, Expert Opinion, para. 5.20 [Appendix 2].
643Mangel, Expert Opinion, para. 5.51 [Appendix 2].
644See Section I.B of this Chapter.
645JARPA II proposal, 10 [Annex 105].
222 646
JARPA II do not require the information collected from Japan’s lethal take. In
the absence of any link between the pur ported models and the data collected,
Japan has not demonstrated that it can ach ieve its objective of constructing an
647
ecosystem model with the data it collects through whaling.
(3) Japan uses lethal methods where non-lethal methods are available
5.65 Lethal methods should not be em ployed under Article VIII where a
proposed research program could be c onducted using other means, including
648
existing data. Under JARPA II, Japan claims that lethal research is necessary to
649
investigate the age and stomach contents of whales. Japan also takes whale
tissue for genetic analyses (purportedly to investigate stock structure) and
650
examines internal organs for traces of pollutants. Yet Japan provides no cogent
scientific reasoning to demonstrate that lethal methods ar e in fact required. Japan
651
simply asserts that lethal take is required, without providing justification.
5.66 Japan has not demonstrated that th e data already collected under JARPA
are insufficient to achieve its purported objectives in JARPA II, especially in light
of the fact that JARPA II will simply repeat the collection of data amassed over 18
years of JARPA. Even assuming that new data are require d, Japan has not
demonstrated that lethal fieldwork is essential to obtain this. The reality is that it
is no longer necessary to kill a whale in order to study it: a ll important research
needs for the conservation and management of whales can be appropriately (and,
646Mangel, Expert Opinion, paras. 5.49-5.50, 6.10 [Appendix 2].
647
Mangel, Expert Opinion, para. 5.51 [Appendix 2].
648
See Chapter 4, Section II.C(2).
649JARPA II proposal, 20 [Annex 105].
650JARPA II proposal, 15, 17 [Annex 105].
651Mangel, Expert Opinion, paras. 5.27, 6.9 [Appendix 2].
223as discussed above, more effectively) addressed using modern non-lethal
techniques. Work that does require lethal methods – such as obtaining data on the
age of whales through examining their ear plugs – is eith er unreliable or
unimportant. It therefore fails at the firs t essential characteristic of a program for
purposes of scientific research under Artic le VIII, as it does not relate to the
development of knowledge that is important to the conservation and management
of whale stocks.
5.67 Instead of killing whales to ascertain their food consumption by examining
their stomach contents, Japan could obtain such data by examining the faeces of
whales or molecules in their blubber deri ved from biopsy samples, as scientists
routinely do. 652 It is also possible to estimate the amount of prey consumed by a
whale through simple, non-lethal allometr ic techniques (that is, using a whale’s
length to determine its food intake). 653
5.68 Similarly, rather than killing whales to examine their livers, Japan could
analyse the levels of many pollutants ingested by whales from skin samples
obtained through non-lethal biopsies, since levels of pollution in different parts of
an animal’s body te nd to correlate. 654 The efficacy of such techniques is
demonstrated by the major collaborative research initiative sponsored by the IWC,
652
S N Jarman et al. , “DNA-based identification of prey species represented in whale faeces”,
SC/55/E16, 2003; S J Iverson, “Tracing Aquatic Food Webs Using Fatty Acids: from Qualitative
Indicators to Quantitative Determination”, in M T Arts et al. (eds), Lipids in Aquatic Ecosystems
(Springer, 2009), 281-307.
653R Leaper and D Lavigne, “How much do large whales eat?” J. Cetacean Res. Manage. 9
(2007), 179.
654Mangel, Expert Opinion, para. 5.33 [Appendix 2]; P J H Reijnders et al., “Report of the
Workshop on Chemical Pollution and Cetaceans, March 1995 , Bergen, Norway”, in “Chemical
Pollutants and Cetaceans”, J. Cetacean Res. Manage., (Special Issue 1), 17.
224“POLLUTION 2000+”, which also seeks to investigate pollutant levels in
cetaceans and involved only non-lethal methods. 655
5.69 Rather than killing whales to study their stock structure, Japan could utilise
656
non-lethal techniques such as biopsy sampling and tagging and tracking whales.
657
These non-lethal methods are, in fact, more effective. Japan has failed to
justify adequately their choice of lethal methods in this respect. Instead, in
JARPAII Japan has made modest atte mpts to collect non-lethal biopsy
658 659
samples, and made several failed attempts at tagging minke whales, but has
otherwise focussed its efforts on whaling.
5.70 Japan also justifies its use of lethal methods on the basis that data on the
age of whales (used to estimate biological parameters) cannot be obtained through
660
non-lethal techniques. Japan attempts to obtain such data from the earplugs of
whales killed. However, this method is fraught with difficulti es, including that
655Resolution for the Funding of High Priority Sc ientific Research, Resolution 1999-5, Appendix
6, Chairman’s Report of the Fifty-First Annual Meeting, Annual Report of the International
Whaling Commission 1999 , 53-54; Resolution on Environmental Change and Cetaceans,
Resolution 2000-7, Appendix 1, Chairman’s Report of the Fi fty-Second Annual Meeting, Annual
Report of the International Whaling Commission 2000, 56-57.
656 Mangel, Expert Opinion, paras. 5.34-5.35 [Appendix 2]. See also S Childerhouse et al .,
“Comments on the Government of Japan’s Proposals for a Second Phase of Special Permit
Whaling in Antarctica (JARPA II)”, Appendix 2, Report of the Standing Working Group on
Scientific Permits, Annex O1, Re port of the Scientific Committee, J. Cetacean Res. Manage. 8
(Suppl.), 2006, 260-261 [Annex 52]; IWC Interim Review of JARPA 1997 , Annex H, “Summary
Statements Supporting the Use of Lethal Removal and Refuting its Use, as it Pertains to the
Collection of Information on Stock Structure”, 412, para. 1.
657
See Section II.B(1) of this Chapter.
658
JARPA II Cruise Report 2005/06 , 4 [Annex 57]; JARPA II Cruise Report 2006/07, 4 [Annex
58]; JARPA II Cruise Report 2007/08, 4 [Annex 59]; JARPA II Cruise Report 2008/09, 5 [Annex
60]; JARPA II Cruise Report 2009/10, 3 [Annex 61].
659JARPA II Cruise Report 2005/06 , 7-8 [Annex 57]; JARPA II Cruise Report 2006/07 , 4, 7
[Annex 58]; JARPA II Cruise Report 2008/09, 5, 7 [Annex 60].
660
JARPA II proposal, 20 [Annex 105].
225 661
large numbers of whales are killed wit hout the earplugs being readable at all.
Japan has not established that this flawed age data will lead to reliable scientific
results, and in fact the failure of JARPA demonstrates that the converse is true. A
program for purposes of scientific resear ch would not continue to collect such
demonstrably flawed data. Moreover, while age data was central to the
unachievable objectives of JARPA, Japa n has not demonstrated that it is
necessary or useful for the ecosystem modelling that is purportedly central to
JARPA II.
5.71 The lack of any demonstrated need for lethal methods in JARPA II has
been emphasised by the Commission in it s Resolutions, which call on Japan to
662
withdraw or suspend the lethal aspect s of the program. In summary, Japan’s
use of lethal methods is not appropriate. As Professor Mangel concludes, “[l]ethal
663
take is not required to meet the objectives of JARPA II”.
(4) The sample size and timeframes in JARPA II are not appropriate
5.72 Given that Japan has not demonstrated a need to conduct lethal research in
order to achieve its objectives, the question of sample size does not arise. Since
Japan continues to conduct lethal “res earch” nonetheless, Japan needs to
demonstrate that its sample size is strictly limited to the minimum number of
animals required for its results to be scientifically accurate and precise. Japan has
never provided a coherent scientific rati onale for its sample size in JARPA or
JARPA II. Japan has moved between different numbers of whales that it
purportedly needs to kill to pursue its “r esearch” and, most recently, has admitted
661Mangel, Expert Opinion, paras. 5.29-5.30 [Appendix 2].
662
Resolution 2005-1 [Annex 40]; Resolution 2007-1 [Annex 41].
663
Mangel, Expert Opinion, para. 6.11 [Appendix 2].
226that its actual target sample size is a confidential figure well below the official
stated targets.
5.73 In its original proposal for JARPA in 1987, Japan claimed that a sample
size of 825 minke whales per year was the “minimum number required” to
achieve its objectives. 664 Having decided for political reasons to significantly
lower its sample size to 300 minke whales per year, 665Japan submitted a revised
proposal for JARPA in which it claimed that 300 minke whales was sufficient to
achieve its objectives. 666 Japan also abandoned its proposed take of 50 sperm
whales, with no explanation as to whet her or how this may impact on its
purported “scientific” objectives. 667 Japan subsequently ju stified its decision to
proceed with the lesser number of whal es on account of logistical constraints
related to the capacity of its whaling fleet. 668
5.74 Despite having stated that an annual take of 300 whales was sufficient to
achieve its objectives, in 1995, Japan increased its annual target take to 400 minke
669
whales (plus or minus 10%). By 2003, Japan had ki lled over 5,000 whales.
When a member of the Scientific Committee queried this number, Japan defended
its sample size by referring to the JARPA proposal from 1987, which claimed that
664JARPA proposal, 1987, 9 [Annex 156]. Japan also asserted, without explanation, that it would
be necessary to take 50 sperm whales per year: JARPA proposal, 1987, 18 [Annex 156].
665See Chapter 3, Section I.D.
666JARPA Feasibility Study Proposal, 1987 , 10. See also Chairman’s Report of the Forty-Third
Meeting, Rep. int. Whal. Commn 42, 1992, 14.
667JARPA Feasibility Study Proposal, 1987, 3.
668Government of Japan, “The Research Plan in 1989/90 Season in conjunction with note for “The
Program for the Research on the Southern He misphere Minke Whale and for the Preliminary
Research on the Marine Ecosystem in the Antarctic (SC/39/O4)”, May 1989, SC/41/SHMi13, 5.
669
Government of Japan, “The 1995/96 Research Plan for the Japanese Whale Research Program
under Special Permit in the Antarctic”, March 1995, SC/47/SH3, 3-4.
227an annual take of 825 minke whales was necessary, notwithstanding that at that
stage Japan was only taking up to 440 whales per year. 670
5.75 As Professor Mangel observes, and as these various justifications by Japan
for its sample size illustrate, “[i]t is very difficult to understand the scientific basis
671
for setting the level of lethal take in either JARPA or JARPA II”. Even Japan’s
own data demonstrate that taking far fewer whales than its target in JARPA would
672
not have affected its purported analyses.
673
5.76 This “lack of statistical clarity” continues in JARPA II. Japan has
settled on a new target, now claiming th at an annual take of up to 935 minke
whales (850 whales plus or minus 10%) is necessary to detect statistically
significant changes in the same biological parameters that it unsuccessfully
674
investigated under JARPA. JARPA II also provides for the taking of 50
675
humpback and 50 fin whales.
5.77 The process for setting sample size s in JARPAII “is not based on solid
statistical reasoning or anal yses of the accuracy re quired to meet objectives”. 676
Indeed, Japan has claimed that “given that the stocks to be sampled are abundant
and, for humpback and fin whales, increasing rapidly, it is quite logical that the
677
sample size is co rrespondingly large”. As Professor Mangel states, “[t]his
670
Report of the Scientific Committee, J. Cetacean Res. Manage., 6 (Suppl.), 2004, 352. See also
Appendix 4, JARPA proposal, 1987, 55-57.
671Mangel, Expert Opinion, para. 5.38 [Appendix 2].
672
Mangel, Expert Opinion, paras. 5.39-5.43 [Appendix 2].
673
Mangel, Expert Opinion, para. 5.44 [Appendix 2].
674
JARPA II proposal, 17-18 [Annex 105].
675
JARPA II proposal, 1 [Annex 105].
676Mangel, Expert Opinion, para. 6.12 [Appendix 2].
677H Hatanaka et al., Appendix 3, “Response to Appendix 2”, Annex O1, Report of the Standing
Working Group on Scientific Permits, Report of the Scientific Committee, J. Cetacean Res.
Manage. 8 (Suppl.), 2006, 262 [Annex 52].
228 678
conclusion is not logical at all”. The increasing abunda nce of a particular
whale stock is irrelevant to the determination of the sample size necessary to
679
achieve scientific objectives, which mu st be grounded in statistical methods.
Japan’s expressed rationale is consistent with a progr am of commercial whaling,
but not consistent with a scientific program.
5.78 Moreover, as outlined in Chapter 3, Japan’s actual takes have in most
years of JARPA II been significantly less than the stated targets. 680 Japan has
provided no explanation of how this lesser take will affect its ability to conduct its
“research”. Indeed, Japan’s then Minister for Agriculture, Forestry and Fisheries,
Minister Akamatsu, has recently stated that Japan does not “actually need 800
[whales]” to conduct its research: “I mean, its more than we need”. 681 Separately,
Minister Akamatsu has admitted that Japan’s actual targets under JARPA II are
682
significantly less than as stated in th e “research” proposal. This highlights the
lack of any scientific basis applied by Japan in setting its sample sizes, and
undermines Japan’s claim that the target takes under JARPA II are necessary.
(5) Conclusion: JARPA II does not use scientific methods
5.79 Lethal methods are inappropriate a nd ineffective to achieve scientific
objectives on the conservation and management of whales. This was noted in
678
Mangel, Expert Opinion, para. 5.45 [Appendix 2].
679
Mangel, Expert Opinion, para. 4.15 [Appendix 2].
680See Figure 11 – Japan’s Maximum Target and Actual Catches under JARPA II, 2005/06 to
2010/11, at Chapter 3, Section III.C(3).
681Government of Japan, Minister for Agriculture, Forestry and Fisheries (H Akamatsu),
Transcript of Press Conference, 9 March 2010 [Annex 107]; see further, Chapter 3, Section III.B.
682
Government of Japan, National Diet Debates, House of Representatives - Agriculture, Forestry
and Fisheries Committee - No. 6, 7April2010, Speaker: 13/76 (Hirotaka Akamatsu, Minister for
Agriculture, Forestry and Fisheries) [Annex 97]; see further, Chapter 3, Section III.C(3).
2292010 in a joint statement on Japan’s use of ArticleVIII by a group of scientists
within the Scientific Committee, who observed that:
In 1946, the only way to study whales was to kill them. This is no longer the case,
and as we have previously noted there is virtually nothing important to management
that cannot be learned using non-lethal tec hniques. This is significant, because the
IWC’s guidelines for scientific whaling include the provision that lethal sampling
should be conducted only if non-lethal alternatives are unavailable.
5.80 Japan’s persistence in collecting a na rrow set of data through whaling, in
circumstances where other methods are widely and successfully used in major
scientific research programs, confirms that its met hods have not been chosen to
achieve the stated objectives of JARPA II. Rather, Japan has decided to use lethal
methods and then sought to justify this by reference to object ives that (even if
properly framed) would be better pursued through non-lethal methods. Similarly,
684
the “vague, unclear or simply wrong” reasoning that underlies the sample sizes
in JARPA II demonstrates that Japan sets its levels of lethal take according to
non-scientific considerations.
5.81 JARPA II thus fails to meet the essential characteristic that a scientific
research program must utilis e appropriate methods, as it uses lethal methods that
are unnecessary and ineffective to pursue its stated objectives, and its sample size
is fixed at an unprecedented scale without scientific justification and with no end
date. For these reasons, “the potential of JARPA II to bring new knowledge about
the conservation and management of whales is very low, if indeed it exists at
685
all”.
683
P Clapham et al., “Comment on the Use of Article VIII by the Government of Japan”, Annex
U1, “Statements on the Agenda”, Annex U, Report of the Scientific Committee, 18 June 2010,
IWC/62/Rep 1. The six members represented Australia and the United States. The proponents of
JARPA II made a separate statement responding to this comment: H Hatanaka et al., “Response to
Annex U1”, Annex U2.
684Mangel, Expert Opinion, para. 5.51 [Appendix 2].
685Mangel, Expert Opinion, para. 5.22 [Appendix 2].
230C. JAPAN FAILS TO ADJUST JARPAII IN RESPONSE TO PEER REVIEW
5.82 As established in Chapter 4, independe nt peer review by the scientific
community is an essential characteristic of scientific research under Article VIII.
This requirement includes review of research proposals, periodic review as
research continues and review of the re sults of research on ce produced. As the
purpose of peer review is to increase the likelihood of the research achieving
robust scientific results, a necessary co rollary of such review is that the
proponents of research will take into acc ount the recommendations arising from
such review. 686
5.83 As Professor Mangel puts it: “[o]f course, scientific opinion can be wrong,
but reliable science responds to valid criticism, which is how science
advances”. 687 Peer review in scientific research thus leads to a continuous process
of revision and amendment of the research as necessary. There is no indication of
Japan adopting any such approach. Ja pan commenced JARPA II without proper
peer review, and continues it without substantial adjustment, despite serious and
sustained criticism from members of the scientific community that its objectives
and methods are flawed and likely to fail. It is thus unsurprising that JARPA II
has produced a paucity of peer reviewed results, as did its predecessor JARPA.
(1) JARPA II was not properly peer reviewed at the outset
5.84 A scientific research program must pass peer review before its
commencement. 688 The JARPA II proposal was not properly peer reviewed;
686See Chapter 4, Section II.C(3).
687
Mangel, Expert Opinion, para. 4.21 [Appendix 2].
688
Mangel, Expert Opinion, para. 4.23 [Appendix 2].
231Japan implemented the program precipit ously and without th e benefit of any
proper independent assessment of the preceding JARPA.
5.85 Given that JARPA II is the second phase of JARPA, and is ostensibly
supported by its “results”, a full and proper consideration of JARPA is essential to
properly assessing JARPA II. When planning for the Scientific Committee’s final
review of JARPA commenced in 2003, the Commission issued an express
recommendation that “no additional JARPA programs be considered until the
Scientific Committee has completed…an in-depth review of the results
of...JARPA”. 689 Accordingly, the Commission expected Japan to delay the
submission of any proposal for a second phase of JARPA so that it could take into
account the lessons learnt from the first phase.
5.86 Japan did not do so. Japan submitted the JARPA II proposal to the IWC in
June 2005, shortly after concluding its fi nal whaling season of JARPA and well
before that program could be reviewed in its totality. The Scientific Committee
did not reach a consensus as to any of the objectives or methods of JARPA II. 690
In fact, 63 members (approximately one -third) of the Committee refused to
participate in the discussions at all, form ally objecting that it was “scientifically
invalid” even to attempt to review the proposal as no meaningful assessment of it
was possible. 691 Instead, these members made a joint statement highlighting the
689 Resolution 2003-3 [Annex 39]. For the Scientific Committee’s decision to hold an
intersessional review, see “Report of the Standing Working Group on Scientific Permit Proposals”,
Annex O, Report of the Scientific Committee,J. Cetacean Res. Manage. 6 (Suppl.), 2004, 350.
690“Report of the Standing Working Group on Scientific Permits”, Annex O1, Report of the
Scientific Committee, J. Cetacean Res. Manage. 8 (Suppl.), 2006, 259 [Annex 52].
691Report of the Scientific Committee, J. Cetacean Res. Manage. 8 (Suppl.), 2006, 49 [Annex 52].
These members represented 16 national delegations and 16 Invited Participants.
232 692
fundamental problems with JARPA II. Nonetheless, Japan refused to withdraw
its proposal.
5.87 Japan did not revise the JARPA II propos al or re-submit it for review or
discussion following the Scientific Committ ee’s final review of JARPA in which
the Committee was unable to conclude that JARPA had met any of its
objectives. 693 By that stage, Japan was conduc ting its second season of whaling
under JARPA II.
5.88 Japan’s unwillingness to contemplate a ny pause in its whaling program to
permit proper peer review reflects a pattern of conduct across JARPA and
JARPA II. Japan commenced JARPA in 1988 notwithstanding the Commission’s
recommendation that Japan not proceed “until such time as the
Scientific Committee is able to resolve th e serious uncertainties” in the objectives
694
and methods of the proposed research. Japan also disregarded requests from
numerous Contracting Governments during Commission meetings in 1995 and
1996 that it cease implementing JARPA until the Scientific Committee had
completed its interim review of that program. 695
692S Childerhouse et al., “Comments on the Government of Japan’s proposal for a second phase of
Special Permit Whaling in Antarctica (JARPA II)”, Appendix 2, Annex O, Report of the Scientific
Committee, J. Cetacean Res. Manage. 8 (Suppl.), 2006, 260-261 [Annex 52].
693See Section I.A of this Chapter.
694Resolution 1987-4 [Annex 10].
695Chairman’s Report of the Forty-Seventh Annual Meeting, Rep. int. Whal. Commn 46, 1996, 30;
Chairman’s Report of the Fo rty-Eighth Annual Meeting, Rep. int. Whal. Commn 47, 1997, 38.
The requesting Governments were Australia, Aust ria, Brazil, Chile, France, Germany, India,
Monaco, the Netherlands, New Zealand, Oman , Spain, South Africa, St Lucia, Sweden,
Switzerland, the United States and the United Kingdom.
233(2) Japan does not respond to peer review
5.89 The evidence above has established th at the objectives and methods of
JARPA II fail to meet the essential characteristics of a scientific research program.
Notwithstanding the serious and valid cr iticisms expressed by members of the
scientific community in relation to JARPA II, Japan has not made any meaningful
or effective revisions to JARPA II since its inception. 696 Professor Mangel
concludes that those persons involved in JARPA II “have not demonstrated an
ability to respond to criticism, or to admit being wrong”. 697 As he observes, “[a]n
individual who is not open to the po ssibility of being wrong cannot be a
698
scientist”.
5.90 JARPA II is replete with identified a nd uncorrected errors, many of which
originated in JARPA. Indeed, Japan ha s not reported any substantive changes in
JARPA II in response to the Scientific Committee’s final review of JARPA. 699
For example, the Scientific Committee concluded that for Japan to make progress
on the stock structure of Antarctic minke whales, it would be necessary to collect
non-lethal biopsy samples from their br eeding grounds in the temperate waters
north of Antarctica. 700 This is because the stocks of whales that congregate to
breed may differ from the stocks of whales found in the Antarctic feeding grounds
where Japan conducts its hunting. Ho wever, Japan has ignored this
696Japan has not submitted any revised research plan s for the lethal aspects of JARPA II since its
inception in 2005.
697
Mangel, Expert Opinion, para. 5.62 [Appendix 2].
698Mangel, Expert Opinion, para. 4.18 [Appendix 2].
699Report of the Scientific Committee, Annex O, Report of the Standing Working Group on
Scientific Permits, J. Cetacean Res. Manage. 10 (Suppl.), 2008, 344. See also “Summary of
Recommendations from the JARPA Review Workshop”, Appendix 3, Report of the Scientific
Committee, Annex O, Report of the Standing Working Group on Scientific Permits, J. Cetacean
Res. Manage. 10 (Suppl.), 2008, 349-350.
700IWC Final Review of JARPA, 422.
234recommendation in JARPA II; year after year, Japan collects samples through
701
whaling in the same region in which it commenced JARPA in 1988. By merely
amassing ever more of the same data, Ja pan cannot begin to achieve its objective
of elucidating stock structure in JARPA II.
5.91 Similarly, Japan’s claim that it will utilise data on biological parameters to
702
estimate the Maximum Sustai nable Yield Rate (MSYR) of whale species in
JARPA II ignores nearly a decade of wo rk by the Scientific Committee on this
issue. The Committee has a Working Group which has considered various
methods of refining the range of estimates of MSYR for use in the RMP,
including Japan’s suggested approach of using data on biological parameters.
As far back as 1993, it agreed that th e estimation of MSYR from biological
parameters was “subject to large error” which made its application “usually
practically impossible”. 703 This conclusion was reaffirmed by the Working Group
as recently as 2009, when it specifically considered – and then dismissed as being
of low reliability – estimates of MSYR for minke whale populations derived from
704
data on biological paramete rs collected under JARPA. Japan has made no
revision to its JARPA II propos al, in light of this c onclusive statement by the
Scientific Committee that Japan’s obj ective and method are flawed and cannot
produce useful results.
5.92 Nor has Japan made any amendments to JARPA II to address new
deficiencies that have arisen since JARP A. For example, Japan continues taking
fin whales despite the repeated concerns expressed within the
ScientificCommittee that its targeting is biased towards juvenile whales – a fact
701See Chapter 3, Section II.B.
702
JARPA II proposal, 12 [Annex 105].
703Report of the Working Group on MSY Rates, Rep. int. Whal. Commn 44, 1994, 183.
704“Report of the Intersessional Workshop on MSYR for Baleen Whales, 6-8 February 2009,
Seattle”, J. Cetacean Res. Manage. 11 (Suppl. 2), 493-508.
235admitted by Japan. Japan conceded in 2008 that it cannot process large whales
705
(above around 18 metres in length) on its vessels, despite the fact that fin
706
whales have an average length of around 25 metres.
5.93 Japan has thus failed to demonstrate an ability to make fundamental and
necessary changes to its “research” in order to properly address concerns raised by
members of the scientific community.
(3) Japan has produced a paucity of peer reviewed results
5.94 Japan has produced very few peer reviewed publications from JARPA and
JARPA II. The majority of papers authored by those involved in JARPA and
JARPA II are unpublished papers submitted to the IWC. Over the course of
24years, only about 15% of the papers written in conjunc tion with JARPA and
JARPA II have been peer reviewed and ar e potentially releva nt to the broadly
707
stated objectives of those programs. This is a remarkably small output from a
large-scale program that claims to have been conducting scientific research for
24years and has killed over 10,000 whales in the process. This record of
publications reflects the conclusion of the IWC that JARPA did not meet its
objectives and that neither JARPA nor JARPA II contributes to critically
important research needs. 708
705Report of the Scientific Committee, J. Cetacean Res. Manage. 10 (Suppl.), 2008, 344. See also
Chapter 3, Section II.B.
706Female and male fin whales average 26 me tres and 25 metres in length, respectivelyde la
Mare et al., Antarctic Baleen Whale Populations, para. 4.1 [Appendix 1].
707Mangel, Expert Opinion, para. 5.62 [Appendix 2].
708See Resolutions of the Commission cited in Section I of this Chapter.
236(4) Conclusion: Japan fails to adjust JARPA II in response to peer review
5.95 Throughout JARPA and JARPA II, Japan has demonstrated an
unwillingness to submit its work for peer review and to respond to such review
where it occurs. JARPAII was not prope rly peer reviewed at the outset.
Moreover, where fundamental errors in its “research” have been identified, Japan
has failed to make necessary adjustment s to address these errors. Where it
becomes apparent through peer review th at a method is flawed or an objective
cannot be achieved due to the absence of a reliable method, a scientist would
consider revising the objectives and methods. Japan has commenced and
continued JARPAII with objectives and methods that have been demonstrated to
fail. Such intransigence can only be explained on account of Japan’s overriding
determination to continue whaling.
D. JARPA II IS NOT DESIGNED TO AVOID AD VERSE EFFECTS ON THE TARGETED
WHALE STOCKS
5.96 A Contracting Government conducting a scientific research program under
ArticleVIII must demonstrate that the program is designed to avoid adverse
effects on the whale stocks in question. 709 Japan has failed to demonstrate this
with respect to JARPA II.
5.97 This characteristic is particularly critical given the recent history of
massive over-exploitation of whale stocks, which led in the case of some species
(most notably blue whales) to near extinction. 710 Considerable uncertainty
remains as to the current abundance of the whale stocks targeted by Japan in
709See Chapter 4, Section II.C(4).
710See Chapter 2, Section IV.
237JARPA II. 711 In particular, fin and humpback whales are prescribed as a
“Protection Stock” in the Schedule to the ICRW, are listed under AppendixI of
CITES (species threatened with extinction) and have been classified by the IUCN
as “endangered”. 712
5.98 While commercial whaling did not deplete Antarctic minke whale stocks
to the same extent as fin and humpback whale stocks, estimates of their
713
abundance fluctuate considerably. Antarctic minke whale stocks are not
prescribed any specific classification in the Schedule to the ICRW, as the
Scientific Committee was unable to provide management advice in relation to
them due to a lack of information available to implement the NMP. 714 The IUCN
lists minke whales as “data deficient”; 715they are also listed under Appendix I of
CITES (species threatened with extinction). While estimates typically place the
number of minke whales in the S outhern Ocean at between 300,000 and 500,000
individuals, the Commission has repeatedly expressed concern that minke whales
may be “appreciably lower” in abundance than estimated. 716 In particular, in 2003
711
For a detailed assessment of the current status of each stock targeted by Japan in JARPA II, see
de la Mare et al., Antarctic Baleen Whale Populations[Appendix 1].
712
International Union for the Conservation of Nature (IUCN). “IUCN Red List of Threatened
Species. Version 2010.4”, at <http://www.iucnredlist.org/apps/redlist/details/2478/0> (in respect
of fin whales) and <http://www.iucnredlist.org/apps/redlist/details/132832/0> (in respect of
Southern Hemisphere or “Oceania” humpback whales), on 31 March 2011.
713
Mangel, Expert Opinion, para. 5.63 [Appendix 2].
714
See, for example, Report of the Scientific Committee, Rep. int. Whal. Commn 28, 1978, 82-83;
Report of the Scientific Committee, Rep. int. Whal. Commn 29, 1979, 44.
715
International Union for the Conservation of Nature (IUCN) 2010, “IUCN Red List of
Threatened Species. Version 2010.4”, at <http:// www.iucnredlist.org/apps /redlist/details/2480/0>
on 31 March 2011.
716Resolution 2000-4 [Annex 33]; Resolution 2001-7 [Annex 35]; Resolution 2003-3 [Annex 39];
Resolution 2005-1 [Annex 40].
238the Commission noted that it could not be ruled out that the population “may have
717
suffered a precipitous decline over the past decade”.
718
5.99 This uncertainty clearly warra nts a precautionary approach. However,
Japan has not properly assessed the possibl e adverse effects of its “research” on
the targeted stocks, and as a result JARPA II was not designed to avoid such
adverse effects.
5.100 Japan claims that its calculations indicate that its “research” will have no
negative effect on minke or fin whale st ocks, and that the proposed take of 50
humpback whales “would probably not dela y the recovery of stocks to pristine
719
level”. However, Japan’s calculations are flawed. First, in calculating the
effect of JARPA II on stocks, Japan relie s on its own abundance estimates from
720 721
JARPA, which were roundly rejected by the Scientific Committee.
Secondly, Professor Mangel explains that the models Japan uses in its calculations
are constructed to assume that the catch is but a small fraction of the overall size.
As a result, the assumption that the lethal take will have no effect on the stocks is
722
built into the models as a foregone conclusion.
5.101 In contrast, the Scientific Committee was unable to conclude that
JARPAII would not adversely affect the targeted whale stocks. A number of
members stressed that it was “difficult or impossible” to properly assess the
effects of Japan’s whaling, as no current agreed abundanc e estimates existed for
717Resolution 2003-3 [Annex 39].
718See Chapter 4, Section II.B(2)(ii).
719
Report of the Scientific Committee, J. Cetacean Res. Manage. 8 (Suppl.), 2006, 51 [Annex 52].
720
Japan has clarified in Commission meetings that it relied on its own abundance estimates from
JARPA in calculating the effect of JARPA II on the targeted stocks: Chair’s Report of the Fifty-
Eighth Annual Meeting, Annual Report of the International Whaling Commission 2006, 41.
721See Section I.A of this Chapter.
722
Mangel, Expert Opinion, para. 5.64 [Appendix 2].
239any of the relevant species in the area where JARPA II takes were to occur. Their
“serious concerns” were as follows:
(i) The determination of the extent and possible reasons for an apparent substantial
decline in abundance of Antarctic minke whales.
(ii) The targeting of species that were su bject to massive over-exploitation during
earlier whaling, whose populations were taken to dangerously low levels and
which remain well below their pre-exploitation abundance.
(iii) A lack of any agreed estimates of fin whale abundance, population trend or
stock structure.
(iv)The potential impact of take of hu mpback whales from small, poorly
understood and highly threatened populations in the South Pacific (e.g. Fiji,
Samoa, Cook Islands, etc.)
(v) The potential impact of takes of humpback whales on existing, non-lethal
research programmes in Australia, New Zealand and elsewhere in the South
723
Pacific.
5.102 The Commission has also expressed c oncern about the substantial lethal
takes involved in JARPA II and their potential effects on Antarctic minke, fin and
724
humpback whale stocks in both its Resolutions on the program.
Resolution 2005-1 states in relevant part:
NOTING that the Third Circumpolar Surv ey indicates that the abundance of
Antarctic minke whales is substantially lower than the earlier estimate of 760 000,
and that the Scientific Committee is working to identify factors contributing to the
differences between the two surveys;
CONCERNED that there are no agreed data to indicate that endangered fin whale
populations have increased since the cessation of whaling;
ALSO NOTING that some humpback whales which will be targeted by JARPA II
belong to small, vulnerable breeding populations around small island States in the
South Pacific and that even small takes could have a detrimental effect on the
recovery and survival of such populations;
ALSO CONCERNED that JARPA II may have an adverse impact on established
long-term whale research projects involving humpback whales;[.] 725
723S Childerhouse et al., “Comments on the Government of Japan’s Proposals for a Second Phase
of Special Permit Whaling in Antarctica (JARPA II)”, Appendix 2, Report of the Standing
Working Group on Scientific Permits, Annex O1, Report of the Scientific Committee, J. Cetacean
Res. Manage. 8 (Suppl.), 2006, 260-261 [Annex 52].
724Resolution 2005-1 [Annex 40]; Resolution 2007-1 [Annex 41].
725Resolution 2005-1 [Annex 40].
2405.103 Professor Mangel raises particular c oncerns in relation to minke whales,
the main species targeted under JARPA II. Professor Mangel observes that Japa
n
has made no apparent attempt to understand the social structure of minke whale
726
schools and how whaling might di srupt their population dynamics. I
JARPAII, Japan samples “one or two” individuals from each school of minke
727
whales. However, minke whale schools are extremely small and typically
728
contain between one and four individuals. There is a we ll-known biological
phenomenon, known as the Allee effect, in which once the size of a population
becomes sufficiently small it continues to decline, even if the original cause of the
729
decline (such as whaling) is removed. Depleting populations and disrupting
their social structure ar e amongst the many known causes of the Allee effect.
Japan fails to even mention the literature on the Allee effect in its JARPA II
proposal, leading Professor Mangel to state that “[t]here is no record that
JARPAII is designed with any atten tion directed to avoiding unintended
consequences”. 730
5.104 Japan’s failure to properly assess the possible ramifications of its
“scientific” whaling, which occurs on an unprecedented scale and in a designated
whale sanctuary, is a particularly cogent concern given that JARPA II has no end
date. This makes it both more difficult to properly assess its effect on the targeted
stocks and more likely that there may be significant adverse effects. Professor
Mangel concludes that JARPA II does not meet the essential characteristic of
731
scientific research that it will not adve rsely affect the targeted whale stocks.
726Mangel, Expert Opinion, para. 5.66 [Appendix 2].
727
JARPA II proposal, 14 [Annex 105].
728
Mangel, Expert Opinion, para. 5.66 [Appendix 2].
729Ibid.
730Mangel, Expert Opinion, para. 6.17 [Appendix 2].
731Mangel, Expert Opinion, para. 6.18 [Appendix 2].
241Instead, Japan simply proceeds on the assumption that the take will have no effect
732
on the stock.
E. C ONCLUSIONS
5.105 This Section has established that JA RPA II fails at each step of the
scientific process; it re flects none of the four esse ntial characteristics of a
scientific research program. In summary:
(i) JARPA II has far-reaching, unrealistic and poorly conceived objectives for
which there is no demonstrated need;
(ii) JARPA II uses inappropriate methods , essentially limited to collecting
data through whaling, despite the fact that this is both unnecessary and
unlikely to achieve JARPA II’s stated objectives. Moreover, Japan’s
sample size in JARPA II has no demonstr ated scientific basis and it is set
without time limits;
(iii)JARPA II was not properly peer re viewed at its inception and it has not
been genuinely adju sted in response to valid cr iticisms raised since its
inception, resulting in the continued pursuit of objectives and methods that
do not lead to reliable and useful results; and
(iv)the design of JARPA II reflects little or no attention to the serious
question of potential adverse effects on the targeted whale stocks.
5.106 As Professor Mangel conc ludes in his expert opinion, “JARPA II is an
activity that collects data in the Southern Ocean. However...it is not a program for
purposes of scientific research in the context of the conservation and management
732Mangel, Expert Opinion, para. 5.67 [Appendix 2].
242 733
of whales”. JARPA did not increase the st ate of scientific knowledge in
relation to whales, and nor will such knowledge increas e as a result of Japan
continuing its flawed “research” in JARPA II. As will be established in the next
Section, this is because the actual purpose of JARPA II is not to conduct scientific
research, but simply to continue whaling.
733
Mangel, Expert Opinion, para. 6.19 [Appendix 2].
243 SECTION III. JARPA II IS UNDERTAKEN FOR PURPOSES O THER
T HAN S CIENTIFIC R ESEARCH
5.107 Chapter 4 establishes that a fundame ntal limitation on the application of
Article VIII is that activities authorised by special permit must be carried out for
the purposes of scientific research and for no other purpose. This Sect
ion
demonstrates that Japan does not undertak e JARPA II for purposes of scientific
research. Japan’s real purpose in undertaking “scientific” whaling is – and always
has been – simply to continue commercial whaling prohibited by the moratorium.
5.108 The evidence in Chapter 3 confirmed that the continuation of whaling was
Japan’s fundamental goal in commencing “scientific research” under JARPA in
January 1988. Having ini tially objected to the moratorium on commercial
whaling, Japan withdrew its objection inthe face of significant international
pressure and accordingly was bound to cease commercial whaling.734Despite
accepting the moratorium, Japanese Minister s and officials repeatedly stated the
735
Government’s commitment to continue whaling “in some form or another”.
Consistent with these public commitments, Japan decided to continue whaling in
the Southern Ocean and support its pelagi c whaling industry under the guise of
“scientific research” However, Japan’ s real purpose was not science: asa
subsequent Director-General of the Japan Fisheries Agency recalled:
The implementation of scientific whaling was viewed as the only method available
736
to carry on with the traditions of whaling.
5.109 The continuation of whaling rema ins Japan’s fundamental goal in
JARPAII. This Section sets out ho w Japan’s purpose of continuing whaling,
rather than scientific aims , dictates the conduct of its “research” and has driven
73See Chapter 3, Section I.B.
735
See Chapter 3, Section I.C.
736
G Satake, Japanese Fisheries and Overseas Fisheries Cooperation in the Era of Globalisation
(Seizankdo-Shoten Publishing Company Limited, 1997), 113 [Annex 75].
244the design and implementation of JARPA II. Under Japan’s business model of
“scientific” whaling, conti nued operations are made financially possible by the
sale of whale meat as the “by-product” of research. This dependence on revenue
dictates the use of lethal methods and influences Japan’s catch targets. This
Section also sets out how Japan’s true purpose of continuing whaling is evident in
the range of benefits enjoyed by key stakeholders as a result of “sci
entific”
whaling, providing compelling evidence to explain Japan’s continued pursuit of
such flawed “research”.
A. JAPAN ’S PURPOSE OF CONTINUING WHALING DICTATES THE CONDUCT OF ITS
“RESEARCH ”
5.110 Having decided to support its pelagic whaling industry and continue
whaling indefinitely under the guise of “science”, Japan set about achieving this
aim. First, Japan has designed a “research” program to enable large-scale takes of
whales by positing this as the core “res earch” method. Secondly, Japan set up a
business model for “scientific” whaling to enable whaling operations to continue
on a largely self-sustainable financia l basis. Thirdly, Japan has designed
“research” that requires long-term wh aling. As set out in Chapter3, the
Government explicitly stipulated these re quirements to the select group charged
737
with developing a Southern Ocean “scientific” whaling program in 1984.
These basic requirements – whaling as the core “research” method, a largely
self-sustainable business model, and open- ended objectives that justify continued
whaling – remain the foundation of JARPA II.
737See Chapter 3, Section I.D.
245 (1) Whaling as the core “research” method
5.111 To achieve its goal of continued wh aling, Japan has “retro-fitted” a
so-called “scientific research” program to attempt to justify large-scale whaling as
a “research” method of JARPA and JARP AII. Asoutlined above, while Japan
changed its “scientific” objectives from JARPA to JARPA II – after the objectives
of JARPA proved practically impossible to achieve through lethal whaling – it has
738
nonetheless retained the same “research” method of lethal whaling. Japan’s
persistence with this flawed “research” method not only explains the failure of
JARPA and JARPA II to achieve any real scientific progress over the past
24 years, it also reveals that Japan’s real purpose in persisting with this “scientific
research” is to achieve its objective of continued whaling.
5.112 If Japan’s real purpose were scienc e, then, as noted above, Japan would
select the most appropriate methods lik ely to achieve its stated scientific
objectives. In stark contrast, JARPA a nd JARPA II are premised from the outset
on lethal whaling as the predetermined method of “research”. The Cetacean
Research Capture Program Implementation Guidelines, issued by the Japanese
Ministry of Agriculture, Forestry and Fisheries on 17December 1987 at the
commencement of JARPA, and which remain in effect, specifically provide that
the Institute of Cetacean Research “sha ll conduct biological surveys, marine
ecology surveys and other survey activities through sampling capture in the
739
Antarctic Ocean, etc” [emphasis added]. “Sampling capture” means whaling.
In this way, the Guidelines in fact require the Institute of Cetacean Research to
use whaling as the core method of “research”. The use of lethal methods is also
738
See Section I.B of this Chapter.
739
Government of Japan, Cetacean Research Capture Proj ect Implementation Guidelines ,
Directive issued by order of the Administratie Vice-Minister for Agriculture, Forestry and
Fisheries, 62 Sea Fisheries No. 3775, (17 December 1987), para. 3 [Annex 101].
246reflected in the title used by Japan for its “scientific” whaling operations, the
740
“Cetacean Research Capture Project”.
(2) Continued whaling on a self-sustainable financial basis
5.113 Japan’s “scientific” whaling was and is intended to be maintained on a
largely self-sustainable financial basis. This is achie ved through the “scientific”
whaling business model, by which revenue from the sale of whale meat funds
continued whaling operations. 741 Inparticular, whal e meat sales (from both
Japan’s Southern Ocean and northern Pacifi c whaling) largely cover the costs of
Japan’s continued whaling, with the remainder covered by government
subsidies. 742 The key participants in the pelagic whaling industry – the Institute of
Cetacean Research and Kyodo Senpaku – depend on continued whaling and the
resulting revenue for their financial viability. 743
5.114 These economic interests underpin the design and implementation of
JARPAII. The interest of Japan’s pe lagic whaling industry in maximising
revenue from “scientific” whaling is reflected in Japan’s decision to increase catch
targets progressively over the course of JARPA (from 300 minke whales to a
maximum of 440 by the end of the program) and then to more than double the
number of minke whales targeted under JARPAII (up to 935) and to target new
740
Ibid.
741
See Chapter 3, Sections I.D and III.
742In 2009/10, the Institute of Ce tacean Research generated revenue of around ¥5.5 billion from
whale meat sales, as against costs for whaling operations of a little over ¥6 billion: Institute of
Cetacean Research, FY2009 Business Report (30September 2010) at Institute of Cetacean
Research website, < http://www.icrwhale.org/H21jigyo.pdf> on 16 April 2011, Balance Sheet
[Annex 123].
743See Chapter 3, Section II.A.
247 744
species of whales (up to 50 fin and humpback whales respectively). Thishas
provided Japan’s pelagic whaling industr y with the opportunity to increase its
revenue from so-called “scientific” whaling. As outlined above, Japan has
provided no cogent scientific rationale for how these “sample sizes” have been
745
set.
5.115 At present, the business model of “s cientific” whaling and the financial
viability of the Institute of Cetacean Research and Kyodo Senpaku are threatened
by Japan’s inability to sell much of the whale meat produced as so-called
“by-products”. 746 The reality is that consumption of whale meat in Japan has
declined significantly, a nd despite increased marketing and promotion the
industry has been unable to revive de mand. This has led to a significant
oversupply of whale meat and large stockpiles of frozen meat being stored in large
freezers at great cost across Japan. 747 This has important financial consequences
for participants in Japan’s pelagic wha ling industry. For example, in 2009/10 the
Institute of Cetacean Research had total loans exceeding ¥4.5 billion
(approximately US$50 million). When compared to the Institute’s total annual
revenue in 2009/10 of under ¥7 billi on (approximately US$80 million), 748the
financial imperative for the Institute to maximise revenue from “scientific”
whaling is clear. 749 Similarly, the profits gene rated by KyodoSenpaku have to
744See Chapter 3, Section III.B.
745See above, Chapter 5, Section II.B(3).
746See Chapter 3, Section III.C(2).
747See Chapter 3, Section III.C(1).
748
Institute of Cetacean Research, FY2009 Business Report (30September 2010) at Institute of
Cetacean Research website, <http://www.icrwhale.org/H21jigyo .pdf> on 16 April 2011, Balance
Sheet [Annex 123].
749Ibid.
248date been deemed insufficient to replace the ageing factory ship (the Nisshin-
Maru) in Japan’s pelagic whaling fleet. 750
5.116 In response to these threats to th e viability of its business model of
“scientific” whaling, Japan has reduced its actual catches under JARPA II to well
751
below its official catch targets. It has caught an average of just under
550 minke whales each year of JARPA II compared with the target of 935 minke
whales, and a total of just 19 fin whales compared to the cumulative official target
752
for this period of 220 fin whales. The evidence adduced in Chapter3 shows
how Japan has deliberately reduced its intended catches due to decreasing demand
for the product, large inventories of unsold frozen meat and consequent budgetary
753
constraints on the activity. Indeed, the fact that Ja pan has deliberately reduced
its actual catch targets to a confidentia l number was publicly admitted by Japan’s
Minister for Agriculture, Forestry and Fisheries, Hirotaka Akamatsu, in the
Japanese Diet on 7 April 2010, when he confirmed that:
[T]he research whaling catch we were able to obtain was pretty much as planned –
please understand that it is our practice not to state the number of whales – but I can
754
say it was approximately the number we had planned.
5.117 The fact that Japan’s implementatio n of JARPAII is driven by economic
interests, rather than scientific consider ations, reveals that Ja pan’s purpose is not
science at all, but continued whaling.
750
T Taniguchi, “Opinion. The Inside Story of Japan’s Whaling – What the Media Doesn’t Tell
Us. Taxpayer’s Money Spent, Friends Lost”, Wedge (20 January 2009), at
<http://wedge.ismedia.jp/articles/-/721> on 15 April 2011 [Annex 79].
751See Figure 11 – Japan’s Maximum Target and Actual Catches under JARPA II, 2005/06 to
2010/11, at Chapter 3, Section III.C(3).
752Ibid.
753Ibid.
754Government of Japan, National Diet Debates, House of Representatives - Agriculture, Forestry
and Fisheries Committee - No. 6, 7April2010, Speaker: 13/76 (Hirotaka Akamatsu, Minister for
Agriculture, Forestry and Fisheries) [Annex 97].
249(3) JARPA II is structured to provide for indefinite whaling
5.118 In 1984, the Government of Japan al so stipulated th at the proposed
“scientific” whaling program in the Sout hern Ocean should enable whaling on an
755
indefinite basis. Thisrequirement was reflecte d in the open-ended nature of
JARPA, which enabled Japan to conti nue whaling for 18 seasons until 2004/05,
and is reflected in the design of JARPAII. Inparticular, the stated objectives of
JARPA II are framed so broadly that they could be used to justify “almost any
activity that Japan wished to pursue”. 756 The program is open-ended, providing
no details about the period of research. It includes no end date or performance
criteria by which achievement could be measured and the program adjusted or
stopped as necessary. Instead, the JARPA II research proposal merely provides
that after a six year initial “research phase”, which concludes in 2011, “a review
will be held and revisions made to the program if required”. 757 The only plausible
explanation for the poorly conceived object ives and the absence of any specified
end date is that Japan has designed JARPA II to achieve its purpose of continued
whaling for an indefinite period.
B. T HE BENEFITS TO KEY STAKEHOLDERS EXPLAIN JAPAN ’S PURPOSE OF
CONTINUING “S CIENTIFIC ” WHALING
5.119 Japan’s “scientific” whaling provides a range of im portant benefits to the
pelagic whaling industry and a close group of stakeholders. The benefits provided
by JARPAII help explain why the Governme nt of Japan has c hosen to continue
whaling under the guise of “science”. In summary, as set out in Chapter3,
“scientific” whaling provides five main benefits to key stakeholders:
755
See Chapter 3, Section I.D.
756
Mangel, Expert Opinion, para. 5.22 [Appendix 2]. See also Section II.A of this Chapter.
757JARPA II proposal, 13 [Annex 105].
250 (1) “Scientific” whaling sustains what remains of the pelagic whaling industry
and provides the bulk of income for both the Institute of Cetacean
758
Research and Kyodo Senpaku.
(2) “Scientific” whaling maintains the ongoing capacity of the pelagic whaling
industry over the longer term. Conti nuing operations foster the retention
and development of skills, technologies and assets, and keep in place the
institutions and personnel necessary to maintain long-term pelagic whaling
operations. 759
(3) “Scientific” whaling ensures a conti nued supply of whale meat to what
remains of the market. This supports whale meat distributors, wholesalers
and retailers through the supply chain and ensures a continued supply of
760
whale meat to (the limited number of) interested consumers in Japan.
(4) “Scientific” whaling has pr ovided a continued supply of meat directly to
stakeholders and government institutions. These have included
government officials and parliamentarians, Kyodo Senpaku crew members
and Institute of Cetacean Research personnel, as well as schools and
761
hospitals.
(5) Finally, the “scientific” whali ng business model has provided amakudari
(“golden parachute”) opportunities fo r senior officials in Japan’s
bureaucracy. Asdemonstrated in Ch apter3, former senior bureaucrats,
particularly in the JapanFisheries Agency, have received prestigious
758
See Chapter 3, Sections II.A and III.
759See Chapter 3, Section III.D.
760See Chapter 3, Sections II.C and III.D.
761See Chapter 3, Section II.C.
251 positions in the Institute of Cetacean Research, Kyodo Senpaku and the
Japan Whaling Association. 762
5.120 It is clear that without “scientific” whaling, Japan’s pelagic whaling
industry could not operate and would lose its skills and capacity; the Institute of
Cetacean Research and KyodoSenpaku would lose the bulk of their revenue;
Japan would produce significantly less whale meat, to the detriment of whale meat
suppliers; and stakeholders would lose access to whale meat “gifts” and other
benefits. The “scientific research” program also keeps the door open to continued
whaling over the long term.
5.121 These benefits provided to stakeh olders are compelling evidence to
support the conclusion that JARPA II is undertaken for one purpose – the
continuation of Japanese whaling. Indee d, the need to continue whaling is the
only plausible explanation for why Japan, one of the world’s leading nations in
scientific research, continues to pursue a “scientific” whaling program that over
the past 24 years has produced a paucity of results.
762See Chapter 3, Section III.E.
252 S ECTION IV. G OOD FAITH IN THE APPLICATION OF A RTICLE VIII
5.122 In Chapter 4, Australia establishes Japan’s obligation under international
law to interpret and perform the provisions of the ICRW in good faith and
provides content to that obligation.3 Japan’s conduct in issuing permits under
JARPA II allegedly pursuant to Article VIII is in breach of that obligation. First,
the purposes for which Japan is granting special permits – as reviewed above – are
inconsistent with those for which the pr ovision was intended, and Japan is using
Article VIII to circumvent its obligations under the Sche dule to the ICRW.
Secondly, the behaviour of Japan with re spect to the IWC (as the authoritative
institution with respect to implementati on of the ICRW) reveals that Japan lacks
the requisite good faith in its implementation of Article VIII.
A. JAPAN IS NOT APPLYING ARTICLE VIII IN ACCORDANCE WITH ITS INTENDED
PURPOSE
5.123 JARPAII does not possess the four esse ntial characteristics of a program
for purposes of scientific research under ArticleVIII. Japan’s continued pursuit
of flawed “science” reveals that Japan’s real purpose is a continuation of whaling
operations, rather than bona fide scientific investigation. This is confirmed by the
fact that investigation into the issues identified by Japan as aims or purposes of its
program does not require large-scale lethal sampling.
5.124 The failure to possess these four essential characteristics, in addition to the
evidence provided in Section III of this Chapter, shows that Japan is utilising
76See Chapter 4, Section II.A(4).
764
Mangel, Expert Opinion, paras. 5.27ff; Chapter 5, Section II.B.
253 765
ArticleVIII for purposes other than those for which it was intended. By
766
continuing whaling “in one form or another”, Japan has sought to create a legal
fiction to render legitimate that whic h would otherwise be unlawful. The
principle ex re sed non ex nomine requires the Court to look to the real state of
affairs, without attachin g decisive importance to the legal denominations upon
which Japan relies. 767 In this case, the genuine st ate of affairs is a commercial
whaling program, sustaining Japan’s pe lagic whaling industry, and providing a
continuing supply of whale meat to the market. 768
5.125 Japan’s purported reliance on Article VIII for the purpose of continuing
commercial whaling operations is an attempt to avoid or circumvent the
obligations under the Schedule to the ICRW prohibiting commercial whaling
operations. If a Contracting Governme nt does not wish to be bound by an
amendment to the Schedule agreed under Article V of the ICRW, it must object in
the manner prescribed in that Article. The lodging of such an objection is the sole
legal means of avoiding being bound by an amendment. Rather than exercising
this legitimate right of objection, Japan in stead seeks to rely on Article VIII as a
means of circumventing its obligations under the Sche dule, in particular the
moratorium on commercial whaling, the Southern Ocean Sanctuary and the
factory ship moratorium. Japan cannot purport to do so in good faith.
765
See definition of ‘ abus de droi ’, Dictionnaire de la terminologie du droit internatio,al
Chapter 4, Section II.A(4).
766
See Chapter 3, Section I.C.
767Cheng, General Principles of International Law, 122.
768See Section III of this Chapter; see also Chapter 6.
254B. JAPAN ’S BEHAVIOUR WITH RESPECT TO THE IWC REVEALS A LACK OF GOOD
FAITH
5.126 Japan’s interaction with the IWC in relation to its implementation of
JARPAII reveals unreasonableness on Japan’ s part, in breach of the requirement
of good faith. This is particularly relevant given the IWC’s role as the established
769
decision-making organ under the ICRW. Japan consistently refuses to
acknowledge the views or recommendations of the IWC on its special permit
operations and fails for the most part to act on those views. On the rare occasion
when Japan does take these views of the IWC into account, its response is at most
cursory. Any good faith implementation of an operation under Article VIII would
have due regard to and respond to the view s of the IWC, particularly those urging
the cessation of the lethal elements of any program.
5.127 Further, Japan consistently has re fused to comply with the IWC’s
procedural requirements for prior revi ew of special perm its, laid down in
paragraph30 of the Schedule to the ICRW. 770 Amongst other matters,
paragraph30 requires Japan to provide th e Secretary of the IWC with “proposed
scientific permits before they are issu ed and in sufficient time to allow the
Scientific Committee to review and co mment on them”. Japan has refused
repeatedly to comply with this requir ement during the course of JARPA II, by
failing to provide proposed permits for revi ew prior to the commencement of the
771
lethal hunt. In doing so, it has breached its obligation to give effect to the
ICRW in good faith.
5.128 In its implementation of JARPA II, Japan has failed consistently to comply
with the relevant Guidelines laid down by the IWC, a nd has ignored the repeated
769See Chapter 4, Section II.B(1).
770
See Chapter 4, Section I.D.
771
JARPA II Special Permits [Annexes 82 – 87].
255significant concerns and criticisms expressed by the IWC. 772 A clear indication of
Japan’s refusal to acknowledge the view s and recommendations of the IWC was
the failure to await the outcome of the final review of JARPA before proceeding
with JARPA II. 773 This lack of compliance and refusal to acknowledge the views
expressed by the IWC is further eviden ce of Japan’s lack of good faith in the
implementation of Article VIII of the ICRW.
772
See Section II.C(2) of this Chapter.
773
See Section II.C(1) of this Chapter.
256 SECTION V. C ONCLUSION
5.129 This Chapter has established that JARPA II does not fall within the
exception in Article VIII of the ICRW, as it is not scientific research and it is
conducted for a real purpose other than scientific research.
5.130 Rather than devising and implementi ng a program in accordance with the
four essential characteristics of scien tific research, Japan has subverted normal
scientific process by commencing with a pre-determined method – whaling – and
attempting to “retro-fit” a program to match. JARPA II does not aim to contribute
to scientific knowledge on the conserva tion and management of whales; JARPA
patently failed to do so. The reason Japan persists with JARPA II is that its actual
purpose is to continue whaling; in so doing, Japan is driven by its business model
and the economic and other benefits generated for stakeholders.
5.131 Such conduct is not justified by referen ce to Article VIII. In particular, in
conducting JARPA II:
(1) Japan purports to rely on Article VI II to support large-scale whaling on a
regular basis, which is fundamentally inconsistent with Article VIII’s
character as a strictly limited exception;
(2) Japan objectively fails to meet the re quirements of Article VIII, and the
legality of its program cannot be saved by the legal fiction Japan has
created through the issue of special permits;
(3) Japan’s whaling does not possess the four essential criteria of a program
for purposes of scientific research;
(4) Japan’s purpose is not scie ntific research, but in fact the continuation of
whaling; and
257 (5) By issuing special permits for a progr am that is intended to subvert the
moratorium on commercial whaling, and by ignoring relevant IWC
Guidelines as well as the significant c oncerns expressed by the IWC in
relation to JARPA II, Japan is not acting in good faith.
5.132 This conclusion is more than suffici ent to disqualify Article VIII of the
ICRW from providing a justification or excuse for Japan’s conduct in pursuing its
“scientific” whaling program over 24 years despite no or negligible scientific
results.
5.133 The position is no different if one invokes the language of rights.
ArticleVIII is formulated in terms of a permission to do a specified thing with a
specified consequence – it is an exemption from the provisions of the Convention.
It simply says – against the background of the regime of the Convention as it has
developed over time – that “any Contrac ting Government may grant to any of its
nationals a special permit” in the circumstances specified in Article VIII. It would
be more accurate to describe this as a facility or power as distinct from a right.
5.134 But nothing turns on this question of la nguage. If in a treaty a State party
is given the power to do something, notwithstanding the other provisions of the
treaty, it can be said that the State has a ri ght to do that thing. The right or power
derives from the treaty and is conferred s ubject to the limitations expressed in or
clearly implied by the treaty. In the present case, St ates parties must decide
whether the potential licensee is to be “permit[ted] to kill, take and treat whales
for purposes of scientific re search” and for no other purpose. The very terms of
the conferral of the right or power establis h its limits. Article VIII is not a power
to set aside the disciplines of the whaling regime at large.
5.135 Even if a Contracting Government is considered as exercising a right by
issuing a permit under Article VIII, it canno t do so in circumstances where the
258granting of the permit involves an abuse of right. As the Permanent Court said in
the Free Zones case:
A reservation must be made as regards th e case of abuses of a right, since it is
certain that France must not evade the obligation 774maintain the zones by erecting a
customs barrier under the guise of a control cordo.
5.136 Exactly the same thing can be said here. To evade the obligation to
observe the moratorium by establishing a system of commercial whaling under the
guise of a program of “scientific research” would equally be a breach of a treaty,
in this case, the ICRW. In fact that is what Japan is doing, as demonstrated in this
and preceding Chapters. If the Court prefers to conduct its analysis in terms of the
rubric of abuse of rights, then there has been an abus e of rights in the present
775
case.
774
Free Zones of Upper Savoy and the District of Gex, P.C.I.J. Ser A/B, No. 46, 7 June 1932, 167.
775
On abuse of rights, see Certain German Interests in Polish Upper Silesia German Interests
Case (Merits), Part II: Speeches Made and Documents Read in Court , Speech of German Agent,
17 February 1926, Morning Session, P.C.I.J. Ser C, 11-I, 136ff; Barcelona Traction, Light and
Power Company Limited (Belgium v. Spain) [1970] ICJ Reports 1, 324; Certain Questions of
Mutual Assistance in Criminal Matters (Djibouti/France) , I.C.J. Reports 200 8, 229, para. 145;
United States – Import Prohibition of Certain Shrimp and Shrimp Products, Report of the
Appellate Body, (1999) 38 ILM 119, para. 158; Cheng, General Principles of International Law ,
122-129; Villiger, Commentary on the 1969 Vienna Convention on the Law of Treaties, 367.
259 CHAPTER 6 – BREACH OF MORATORIA AND THE
SOUTHERN OCEAN SANCTUARY
6.1 Chapter 2 established that the ICRW provides a comprehensive regime for
the regulation of whaling and that, iso doing, it provides for three types of
whaling:
(1) aboriginal subsistence whaling;
(2) whaling under special permit for purposes of scientific research; and
(3) commercial whaling.
6.2 Chapter 5 established that JARPA II is not special permit whaling for
scientific purposes. Nor is it aboriginal subsistence whaling. JARPA II therefore
falls within the remaining category ofwhaling contemplated by the ICRW:
commercial whaling.
6.3 In this Chapter, Australia establishes that Japan’s whaling under JARPA II
is in contravention of the commercial whaling moratorium, the Southern Ocean
Sanctuary and the factory ship moratorium under the ICRW.
260S ECTION I. B REACH OF THE C OMMERCIAL W HALING M ORATORIUM
A. A PPLICATION OF THE COMMERCIAL WHALING MORATORIUM
6.4 Paragraph 10(e) of the Schedule, a dopted in 1982, imposes a moratorium
on commercial whaling:
Notwithstanding the other provisions of paragraph 10, catch limits for the killing for
commercial purposes of whales from all stocks for the 1986 coastal and the 1985/86
pelagic seasons and thereafter shall be zero.
6.5 Although Japan initially objected tothis moratorium, it subsequently
withdrew its objection with the result that the commercial whaling moratorium
took effect for Japan from 1 May 1987.6
B. JAPAN S CONTRAVENTION OF THE COMMERCIAL WHALING MORATORIUM
6.6 Under JARPA II Japan killed a report ed total of 3,264 minke whales and
777
19 fin whales in the six wha ling seasons from 2005/06 to 2010/11Chapter5
established that this killing is not for scientific purposes. Moreover, JARPAII is
clearly not aboriginal subsistence whaling. Given the ICRW regime for whaling
is comprehensive, the killing is theref ore “for commercial purposes”, rendering
Japan in breach of the moratorium.
6.7 The commercial purpose of Japan’s whaling can, in any event, be
discerned from the design, architecture and structure of JARPA II, the manner in
776
See Chapter 2 of this Memorial, SectionII.D(1) and Chapter 3, Section I.C. The commercial
whaling moratorium took effect for Japan on 1May 1987 with respect to commercial pelagic
whaling, on 1 October 1987 with respect to commercial coastal minke and Bryde’s whaling and on
1 April 1988 with respect to commercial coas tal sperm whaling: IWC Circular Communication
RG/VJH/16129, “Withdrawal of Objection to Schedule Paragraph 10(e) by Japan”, 1 July 1986
enclosing Note from the Ambassador of Japan to the United Kingdom to the Secretary of the
International Whaling Commission [Annex 54].
777
Chapter 3, Section II.B.
261 778
which it is implemented and its underlying aims. In particular, Japan’s killing
of whales under JARPA II: (1) is di rected towards production, sale and
distribution; (2) is directed towards pr oviding economic use or benefit; (3) is
conducted on a commercial scale; and (4) responds to market forces.
(1) JARPA II killing is directed towards production, sale and distribution
6.8 The Parties to CITES describe an activity as having a commercial purpose
if it “is directed toward resale, exchange, provision of a servi ce or any other form
779
of economic use or benefit”. IntheOil Platforms Preliminary Objection
Judgment, the Court has considered the term “commerce” to include “not merely
the immediate act of purchase and sale, but also the ancillary activities integrally
780
related to commerce”. Also, in the Dispute Regarding Navigational and
Related Rights (Costa Rica v. Nicaragua) , the Court regarded certain activities
precedent and antecedent to purchase and sale as taking place “for the purposes of
commerce”. 781
6.9 The commercial nature of JARPA II is revealed by its i nvolvement in and
direction towards production, sale and di stribution of whale meat. So-called
778See, for example, the relevant case law of the WTO dispute settlement bodies, including
European Communities – Conditions for the Gr anting of Tariff Prefer ences to Developing
Countries (DS 246), Panel Report, 1 December 2003, paras. 7.198–7.199 and the relevant practice
of Parties to CITES, in particular, Resolution Conf. 5.10 (Rev.CoP15), Definition of ”primarily
commercial purposes” , adopted at the Fifth Meeting of the Conference of the Parties,
Buenos Aires, Argentina, 22 April–3 May 1985 (“CITES Conference Resolution 5.10”).
779CITES Conference Resolution 5.10.
780Case Concerning Oil Platforms (Islamic Republic of Iran v. United States of America),
Preliminary Objection, Judgment, 12 December 1996, I.C.J. Reports 1996, 803, 819, para. 49;
Case Concerning Oil Platforms (Islamic Republic of Iran v. United States of America), Judgment,
6 November 2003, I.C.J. Reports 2003, 161, 200, para. 80.
781
Case Concerning the Dispute Regarding Navigational and Related Rights (Costa Rica v.
Nicaragua), Judgment, 13 July 2009, 31, para. 73.
262“scientific” whaling is unde rtaken to produce whale meat, sales of which sustain
ongoing operations and ensure the economic survival of key participants in the
industry. Whale meat is processed on board the Nisshin-Maru and then, pursuant
to Government regulations and arrangements between the Institute of Cetacean
Research and its Sales Agents, is on-sol d and distributed to the market and to
other consumers. 782 Authorised sales and distribution channels of whale meat are
set out in Figure 8. 783 Japan characterises its distri bution of whale meat as being
directed towards “public interest purposes” (such as schools, hospitals and public
education initiatives) or towards “commercial purposes”, including wholesale and
local markets, wholesale merchants, mass retailers, restaurants and other
784
consumers and distributors. Consistent with the economic reliance of
“scientific” whaling on whale meat sales revenue, the Government, the Institute of
Cetacean Research, Kyodo Senpaku and ot her stakeholders devote significant
efforts to creating and sustaining markets for whale meat in Japan.
(2) JARPA II killing is directed towards providing economic use and benefit
6.10 The Parties to CITES describe an activity as “commercial” if “its purpose
is to obtain economic benefit...and is directed toward resale, ex change, provision
of a service or any other form of economic use or benefit” [emphasis added]. 785
6.11 Japan’s so-called “scientific” whali ng continues to sustain its pelagic
whaling industry and provides a range of important economic benefits or uses to
the industry and key stakehol ders. “Scientific” whaling sustains the industry and
provides the major source of income fo r both Kyodo Senpaku and the Institute of
782See Chapter 3, Section II.C.
783
Figure 8 – Whale Meat Sales Distribution Chain: Chapter 3, Section II.C.
784
See Chapter 3, Section II.C.
785CITES Conference Resolution 5.10.
263Cetacean Research. The business model which underpins Japan’s
“scientific”whaling – whereby funding for JARPA II derives from the sale of its
“by-product”, whale meat – creates and perpetuates an economic imperative for
undertaking lethal methods of “resea rch”. By economic necessity, both
Kyodo Senpaku and the Institute of Cetacean Research are compelled to continue
whaling as their viability depends on revenue from whale meat production and
sales.786 Indeed, continuing Japan’s whaling and perpetuating its pelagic whaling
industry were the reasons Japan commenced so-called “scientific” whaling in the
Southern Ocean in 1988. 787 This whaling has supported the industry and enabled
Japan’s pelagic whaling fleet to continue its operations without interruption since
then.
6.12 Japan’s “scientific” whaling also main tains the industry’s pelagic whaling
788
capacity and skills over the long term. The entities that undertake Japan’s
“scientific” whaling are in essence a con tinuation of Japan’s commercial pelagic
whaling industry which existed prior to 1987. In particular, Kyodo Senpaku is the
successor company to Kyodo Hogei, Japan’ s main commercial pelagic whaling
company until 1987, and many of the assets, staff, and directors of KyodoHogei
were transferred directly to Kyodo Senpaku in 1987. 789 The Institute of Cetacean
Research was also a key participant in the whaling industry before being
constituted in its current form in 1987. 790 As revealed by a scientist involved in
developing and implementing JARPA, DrToshio Kasuya, Japan established
KyodoSenpaku and the Institute of Cetacean Research in order to sustain the
capacity of its pelagic whaling industry and to maintain the possibility of
786See Chapter 3, Section III.A.
787
See Chapter 3, Section I.C.
788
See Chapter 3, Section III.D.
789See Chapter 3, Section II.A(1).
790See Chapter 3, Section II.A(2).
264re-establishing authorised commercial whaling operations in the future. 791 Both
KyodoSenpaku and the Institute of Cet acean Research carry out the same
activities as their predecessors and remain commercial in nature. Heads of both
entities have continued to high light publicly the importance of
“scientific” whaling in maintaining their industry’s skills and technologies. 792
6.13 “Scientific” whaling generates a con tinued supply of whale meat within
Japan. As a former head of the Institute of Cetacean Research argued,
“[s]cientific whaling supports and advances a culture of whale cuisine through the
793
supply of by-products from its research”. Ithas also provided whale meat
directly to key stakeholders such as government officials and employees of key
794
participants in the whaling industry. Following the 2009/10 JARPA II whaling
season, for example, some 1.7 tonnes of whale meat was distributed among crew
795
members from Kyodo Senpaku. Clearly, the benefits that so-called “scientific”
whaling provide to Japan’s pelagic wh aling industry and to a close group of
stakeholders provide strong reasons for Japan’s continuation of this whaling
despite the absence of any meaningful scie ntific results after over two decades of
796
“research”.
791“Considering the Whaling Problem”, Ecosophia 16 (2005) 56, 61 [Annex76]; see further,
Chapter 3, Section III.D.
792
See Chapter 3, Section III.D.
793
Ohsumi, Half a Century in Pursuit of the Whale, 158 [Annex 78].
794See Chapter 3, Section II.C.
795Kyodo Senpaku, “Production and handling of gifts and dispensations of meat from the 23rd
Antarctic Ocean Cetacean Capture Program”, (Pre ss Release, 11 May 2010) at Japan Whaling
Association website, <http://whaling.jp/press/press100511.html> on 9 March 2011 [Annex 124].
796
See Chapter 5, Section I.A. and Section II.
265(3) JARPA II killing is conducted on a commercial scale
6.14 The Parties to the Convention for the Conservation of Antarctic Seals 797
have accepted that the term “commercial s ealing” applies to circumstances where
the number of seals taken exceeds what “co uld reasonably be required” for a take
798
under the special permit provisions of that Convention.
6.15 The scale of take under JARPA II is pa tently commercial. The number of
whales taken by Japan under so-called “scientific” whaling programs since 1987
far exceeds the number of whales taken under special permit by any other
Contracting Government to the IWC si nce 1946, and is well in excess of any
“scientific” program adopted by Japan before 1987. Indeed, Japan has taken
approximately 93.5% of all whales ki lled under special permit since the
commercial whaling moratorium was adopted. 799 The number of whales targeted
each year by Japan rose progressively throughout the 18-year duration of JARPA,
from 300 to a maximum of 440 minke whales. Under JARPA II this was
increased considerably to a maximum of 935 minke whales, 50 fin whales and
800
50 humpback whales. These levels of take under both JARPA and JARPA II
can only be consistent with commercial scale whaling.
6.16 As set out in Chapter 5, Japan has pr ovided no cogent scientific rationale
for the scale of its takes unde r either JARPA or JARPA II. 801 The only plausible
explanation for Japan’s target catches is that they are in fact driven by commercial
considerations. Pursuant to the “scientific” whaling business model, revenue from
797
Convention for the Conservation of Antarctic Seals, 1 June 1972, Cmnd. 7209 Treaty Series 45
(1978) (entered into force 11 March 1978).
798
Report of the 1988 Meeting to Review the Operation of the Convention for the Conservation of
Antarctic Seals, London, 12-16 September, para. 29.
799
See Chapter 2, Section II.D(2).
800See Chapter 3, Section II.B.
801See Chapter 5, Section II.B(4).
266the sale of whale meat “by-products” f unds ongoing operations, with the scale of
target catches intended to enable these operations to be largely self-funded.
Indeed, this was one of the central requirements for “scientific” whaling stipulated
by the Government of Japan as early as 1984 when it first directed a small group
to devise a “research” program that “will allow the whaling of a sufficient number
of whales to cover costs”. 802 In1987, Japan’s pelagic whaling industry had
judged that an operation involving cat ches of 825 minke whales would be
self-sustainable, 803and while political pressure le d Japan to subsequently reduce
804
its target catches under JARPA, the official target under JARPA II is now up to
935 minke whales, above the original proposed number of 825 minke whales.
6.17 By more than doubling its target catches under JARPAII, Japan has
provided opportunity for its whalers to catch more whales and maximise revenue.
At the same time, the industry together with the Government intensified their
efforts to promote demand for whale meat in Japan, in an attempt to ensure that
consumption rose in accordance with incr eased production. It was envisaged, for
example, that a new company establishe d in 2006 (Geishoku Rabo) would sell
and distribute large amounts of whale meat by opening new sales channels
805
alongside those of Kyodo Senpaku. Japan’s efforts to promote whale meat
have failed to lift consumption appreciab ly and, driven by persistently weak
demand, Japan has now lowered actual catche s to be closer to those it took under
JARPA. These catches remain far in ex cess of any take which could reasonably
be required for scientific re search. Indeed, as set out in Chapter 5, no lethal take
802
“Debate: Pros and Cons of Scientific Whaling”,Mainichi Shimbun , 3 October 2005, 3
[column by T Kasuya] [Annex 129].
803
See Chapter 3, Section I.D.
804
See Chapter 3, Section I.D.
805See Chapter 3, Section III.B.
267 806
is required to achieve Japan’s objectives. It is clear that whale meat is not a
so-called “by-product” of “r esearch”, but is in fact the intended product of a
commercial whaling operation.
(4) JARPA II killing is driven by market forces
6.18 In submissions to the IWC, Japan has stated:
[T]he distinction between subsistence and commercial activities are to be sought in
the degree to which market forces, as opposed to essentially non-market forces,
determine the purpose and extent of the economic activity... Market forces,
involving such strictly economic factors as maximising financial profitability and
competitive economic advantage (increased market share) do not apply to
subsistence activities.
The same is true of the distinction between scientific and commercial purposes.
6.19 Japan’s implementation of JARPA II is distinguished by its responsiveness
to market forces. There has been a marked decline in demand for whale meat in
Japan, with Japanese people now consum ing less than one serve per person per
year. 808 After increasing its catch targets under JARPN II and, particularly, under
JARPA II, Japan has been unable to sell all the whale meat produced in its
“scientific” whaling operations and se veral thousand tonnes of whale meat
(around 5,500 tonnes as of October 2010) ar e now stored in large freezers across
Japan. 809
806See Chapter 5, Section II.B(3).
807
Government of Japan, “A Critical Evaluation of the Relationship between Cash Economies and
Subsistence Activities”, 1992, IWC/44/SEST5 233 [Annex 103].
808T Miyazaki, “So That’s Why! Economics: Marketing Power-up, Boosting Excess Consumption
at Pubs and School Lunches”, Yomiuri Shimbun, 5September 2006 (morning edition), 11
[Annex 133].
809J Sakuma, “Rapidly rising whale meat stoc kpiles and the emergence of hidden reserves:
Freezers excluded from official statis tics and Icelandic fin whale meat”,IKA-NET News 47,
January 2011 [Annex 81]; see also Chapter 3, Section III.C(1).
2686.20 In response to declining demand for whale meat, Japan’s whaling industry,
together with the Government of Japan, has worked assiduously to promote whale
meat consumption by lowering prices and conducting extensive whale meat
marketing campaigns. Despite its purpor ted role as a “scientific”body, the
Institute of Cetacean Research has devot ed significant resources to this whale
meat promotion. As recently as January 2011, the Institute of Cetacean Research,
Kyodo Senpaku and the Japan Whaling Association announced a suite of further
810
measures to be taken to promote and strengthen whale meat sales.
6.21 As well as seeking to increase whale meat sales, Japan has lowered its
actual catches under JARPA II to well below its official targets. Reduced catches
and production of whale meat has limited the costs for freezer storage of
additional whale meat. The Government of Japan admitted publicly that its actual
catches are driven by whale meat sales, wh en a senior official stated in 2008 that
the prospect of additional whaling to ma ke up the previous year’s “short-fall”
would depend on sales outcomes. 811 TheGovernment also has admitted, in a
statement by the Minister for Agriculture , Forestry and Fisheries in April 2010,
that Japan has adopted confidential catch limits that are well below the official
publicly announced targets. The Minister revealed that the catch in the 2009/10
812
whaling season (506 whales) was “approximately the number we had planned”,
despite the official target being 850 minke whales, and up to 935 minke whales.
6.22 Japan’s deliberate decision to lower its catches, and therefore its whaling
fleet’s operating costs, is reflected in the reduction in the size of the fleet in the
810“Three whaling-related organisations: Promoting Whale Meat by Strengthening the Sales
Structure”, Minato Shimbun, 24 January 2011, 6 [Annex 152].
811Government of Japan, Administrative Vice-Minister, Ministry of Agriculture, Forestry and
Fisheries (T Shirasu), Transcript of Press Conference, 14 April 2008 [Annex 106].
812Government of Japan, National Diet Debates, House of Representatives - Agriculture, Forestry
and Fisheries Committee - No. 6, 7April2010, Speaker: 13/76 (Hirotaka Akamatsu, Minister for
Agriculture, Forestry and Fisheries) [Annex 97].
2692010/11 whaling season (from six vessels tw o years earlier to ju st fourvessels)
and the shortened duration of that season. 813 This reduction in the fleet’s capacity
limits any real prospect that it would in fact be able to achieve Japan’s official
targets.
6.23 The fact that Japan has lowered its actual catches under JARPA II in
response to declining demand for whale meat, while continuing and strengthening
efforts to promote whale meat consumption, evidences the predominant influence
of market forces – rather than purported “scientific”objectives – over the
program.
813See Chapter 3, Section III.C(3).
270 SECTION II. BREACH OF THE S OUTHERN O CEAN S ANCTUARY
A. A PPLICATION OF THE SOUTHERN OCEAN SANCTUARY
6.24 In 1994, the Commission adopted para graph 7(b) of the Schedule,
establishing the Southern Ocean Sanctuary. Paragraph 7(b) provides in relevant
part:
In accordance with Article V(1)(c) of the Convention, commercial whaling, whether
by pelagic operations or from land stations, is prohibited in a region designated as
the Southern Ocean Sanctuary. This Sanctuary comprises the waters of the Southern
Hemisphere southwards of the following line: starting from 40 degrees S,
50degreesW; thence due east to 20 degr ees E; thence due south to 55degreesS;
thence due east to 130 degree s E; thence due north to 40 degrees S; thence due east
to 130 degrees W; thence due south to 60 degrees S; thence due east to
50degreesW; thence due north to the point of beginning. This prohibition applies
irrespective of the conservation status of baleen and toothed whale stocks in this
Sanctuary, as may from time to time be determined by the Commission.
[emphasis added]
6.25 Japan objected to the application of pa ragraph7(b) to the extent that it
related to the commercial whaling of minke whales. While that objection remains
in force, Japan did not object to the appication of paragraph7(b) to any other
baleen or toothed whale species.14 Accordingly, the Southern Ocean Sanctuary
applies to Japan in respect of its whaling for the oher two species of whales
targeted under JARPA II—fin and humpback whales.
6.26 The commercial whaling activity prohibited within the Southern Ocean
Sanctuary is the same as that prohi bited under the commercial whaling
moratorium. While the language used in paragraph 7(b) of the Schedule
(“commercial whaling”) is not identical to that of paragraph 10(e) (“killing
[whales] for commercial purposes”), these are simply two ways of describing the
same activity. Both prohibitions regula te the same category of whaling under the
ICRW – commercial whaling.
81See Chapter 2, Section II.F.
271B. JAPAN ’S CONTRAVENTION OF THE SOUTHERN OCEAN SANCTUARY
6.27 Japan has taken 19 fin whales in the course of JARPAII to date. 815
Although Japan has not yet taken any humpba ck whales, it has not revised the
JARPA II proposal to remove humpback whales as one of its target species. The
special permits issued by Japan under JA RPA II each year authorise the take of
816
humpback whales.
6.28 Figure 5 demonstrates the areas in which Japan has conducted its whaling
under JARPA II (as under JARPA), as well as the outline of the Southern Ocean
Sanctuary; the figure shows that JARPA II has been conducted entirely within the
Southern Ocean Sanctuary. 817
6.29 As Japan’s hunting of fin whales under the program is conducted entirely
within the Southern Ocean Sanctuary, it is contrary to paragraph 7(b) of the
Schedule to the ICRW. Moreover, any ta ke by Japan of humpback whales as
planned under JARPA II would similarly contravene Japan’s obligations under
paragraph 7(b) of the Schedule.
815
Figure 6 – Whales Killed Under JARPA and JARPA II: Chapter 3, Section II.B.
816JARPA II Special Permits [Annexes 82 to 87].
817Figure 5 – Japan’s Areas of Whaling Operations under JARPA II: Chapter 3, Section II.B.
272 SECTION III. B REACH OF THE F ACTORY S HIP M ORATORIUM
A. O UTLINE AND APPLICATION OF THE FACTORY SHIP MORATORIUM
6.30 Paragraph 10(d) of the Schedule, inse rted in 1979, establ ishes the factory
ship moratorium:
Notwithstanding the other provisions of paragraph 10 there shall be a moratorium on
the taking, killing or treating of whales, except minke whales, by factory ships or
whale catchers attached to f actory ships. This moratorium applies to sperm whales,
killer whales and baleen whales, except minke whales.
6.31 Fin and humpback whales, two of th e species targeted under JARPAII,
818
are both species of baleen whales to which the factory ship moratorium applies.
As noted above, Japan ha s taken 19 fin whales under JARPAII and it has
authorised the taking of humpback whal es. JARPAII breaches the factory ship
moratorium if it involves the “taking, killing or trea ting” of fin or humpback
whales by “factory ships or whale catchers”.
6.32 The term “factory ship” is defined in Article II(1) of the ICRW as “a ship
in which or on which whales are treate d either wholly or in part”. The
Nisshin-Maru, which Japan describes as the “res earch base vessel” for JARPA II,
is a “factory ship” within the meaning of the Convention. Whales killed under
JARPA II are processed on board the Nisshin-Maru, including by being cut up
819
into whale meat products intended for subsequent sale and distribution.
6.33 The term “‘whale catcher’ means a sh ip used for the purpose of hunting,
taking, towing, holding on to, or scouting for whales”. The so-called “sighting
and sampling vessels” used in JARPA II fa ll squarely within this definition as
they are used to hunt, harpoon and kill whales and then to tow them to the
81Schedule, paragraph 1(A); see also Chapter 2, Section IV.
81See Chapter 3, Section II.B.
820
ICRW, Article II(3).
273Nisshin-Maru for processing. The photographs reproduced in Chapter3 show the
process occurring in practice. 821 By operating in conjunction with the
Nisshin-Maru, these whale catchers are also “attached” to a factory ship within the
meaning of the factory ship moratorium.
B. JAPAN ’S CONTRAVENTION OF THE FACTORY SHIP MORATORIUM
6.34 Through the use of its factory ship and whale catchers for the taking,
killing and treating of fin whales in the 2005/06, 2006/07, 2008/09, 2009/10, and
2010/11 whaling seasons, Japan has repeatedly breached the factory ship
moratorium in paragraph 10(d) of the Sc hedule. Any take by Japan of humpback
whales as planned under JARPA II would likewise contravene Japan’s obligations
under paragraph 10(d) of the Schedule.
S ECTION IV. C ONCLUSIONS
6.35 Japan’s whaling under JARPA II is commercial whaling within the
meaning of the ICRW. This whaling is contrary to the commercial whaling
moratorium in paragraph 10(e) of the Sche dule and, in respect of the take of fin
whales, is also contrary to the factory ship moratorium under paragraph 10(d) and
constitutes a breach of the Southern Ocean Sanctuary under paragraph 7(b).
82 See Chapter 3, Section II.B.
274 CHAPTER 7 - REMEDIES
7.1 This Memorial has demonstrated that Japan has violated its international
obligations in proposing and implementing JARPA II in the Southern Ocean. As
set out in the Articles on Responsibility of States for Internationally Wrongful Acts
adopted by the International Law Commission: “Every internationally wrongful
act of a State entails the international responsibility of that State.”Chapter
outlines the remedies sought by Australia as a consequence of the internationally
wrongful acts committed by Japan. These remedies consist of:
(1) a declaration that JARPA II is not a program for purposes of scientific
research within the meaning of Article VIII of the ICRW and a
declaration of Japan’s violations of its obligations under the ICRW;
and
(2) an order requiring the cessation ofthe internationally wrongful acts
that continue to be committed by Japan.
7.2 The specific remedies requested by Au stralia are set out in the formal
Submissions below.
S ECTION I. D ECLARATION OF THE C OURT
7.3 Australia requests the Court to ad judge and declare that Japan, in
proposing and implementing JARPA II in the Southern Ocean, is not conducting
whaling for purposes of scientific research, and is, therefore in breach of its
822Articles on Responsibility of States for Internationally Wron, adopted by the
International Law Commission at its fiftsession (2001), Article I, annexed to General
Assembly Resolution 56/83, 12 December 2001 (“Articles on State Responsibility”).
275international obligations unde r the ICRW as particularis ed in Chapter 6 of this
Memorial.
7.4 As noted by the Court in the Northern Cameroons Case, “[t]hat the Court
may, in an appropriate case, make a d eclaratory judgment is indisputable.” 823 In
the present dispute, a declaration as to the wrongfulness of Japan’s conduct is
essential to ensure that any future whaling purportedly conducted under Article
VIII is conducted in compliance with the comprehensive regime for the regulation
of whaling established by Contracting Governments under the ICRW.
7.5 Such a declaration by the principal j udicial organ of the United Nations
will amount to a final determination of the proper application of the Article VIII
exception. As such, it will oblige Japan to cease implementation of its so-called
“scientific” whaling program in the Southern Ocean, or any other form of special
permit whaling which is not for purposes of scientific research within the meaning
of Article VIII, until it is brought into c onformity with Japan’s international law
obligations.
7.6 In particular, the Court is requested to adjudge and declare that Japan has
violated its international obligations to:
(a) observe the zero catch limit in relati on to the killing of whales for
commercial purposes (paragraph 10(e), Schedule to the ICRW);
(b) refrain from undertaking commercial whaling of fin whales in the
Southern Ocean Sanctuary (paragraph 7(b), Schedule to the ICRW);
and
(c) observe the moratorium on taking, killing or treating of whales, except
minke whales, by factory ships or wh ale catchers attached to factory
ships (paragraph 10(d), Schedule to the ICRW).
823Case concerning the Northern Cameroons (Cameroon v. United Kingdom), Preliminary
Objections, Judgment of 2 December 1963, I.C.J. Reports 1963, 37.
276 S ECTION II. D UTY OF C ESSATION
7.7 As a consequence of the determination of Japan’s unlawful conduct, as set
out above, Japan is obliged to cease al l internationally wr ongful conduct which
has a continuing character. Australia respectfully reque sts the Court to make an
Order to that effect.
7.8 The obligation to cease internationa lly wrongful acts having a continuing
character has been recognised by th e Court. For example, in the Military and
Paramilitary Activities in and against Nicaragua Case, the Court determined that:
[T]he United States of America is undea duty immediately to cease and 824rain
from all such acts as may constitute breaches of the foregoing legal obligations.
7.9 This obligation is reflected also in Article 30(a) of the Articles on State
Responsibility: “The State responsible for the internationally wrongful act is under
an obligation...to cease that act, if it is continuing”. The commentary to that
Article provides as follows:
The Tribunal in the Rainbow Warrior arbitration stressed ‘two essential conditions
intimately linked’ for the requirement of cessation of wrongful conduct to arise,
‘namely that the wrongful act has a continuing character and that the violated rule is
still in force at the time in which the order is issued’. While the obligation to cease
wrongful conduct will arise most commonly in the case of a continuing wrongful
act, article 30 also encompasses situations where a State has violated an obligation
on a series of occasions, implying the possi bility of further repetitions. The phrase
‘if it is continuing’ at the end of subparagraph (a) of the article is intended to cover
both situations.5
[emphasis added]
7.10 With reference to the first situation covered by Article 30(a) – a continuing
wrongful act – Japan continues with JARPA II, including through the annual issue
of special permits for the conduct of wha ling in the Southern Ocean. Indeed,
824Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of
America). Merits, Judgment, I.C.J. Reports 1986, 14, 149, dispositif para. 12.
825United Nations, Report of the International Law Commission on the Work oits Fifty-third
Session, GAOR, Fifty-sixth Session, Supplement No. 10, UN Doc. A/56/10, 2001, 216.
277JARPA II has no stated end date. Accord ingly, Japan conti nues to violate the
obligations enumerated above in proposing and implementing JARPA II.
7.11 With reference to the second situat ion contemplated by Article 30(a) –
violation of obligations on successive occasions – in proposing and implementing
JARPA, JARPA II and other special permit whaling programs, Japan has
repeatedly violated its obligations unde r the ICRW, thus implying the possibility
of further repetitions.
7.12 Australia respectfully requests the Court to order that Japan is obliged to
refrain from authorising or implementing any special permit whaling which is not
for purposes of scientific research within the meaning of Article VIII.
278 SUBMISSIONS
1. For the reasons given in this Memorial, and reserving the right to
supplement, amplify or amend the pres ent submissions, Australia requests the
Court to adjudge and declare that Japan is in breach of its international obligations
in authorising and implementing JARPA II in the Southern Ocean.
2. In particular, the Court is requested to adjudge and declare that, by its
conduct, Japan has violated its international obligations to:
(a) observe the zero catch limit in relati on to the killing of whales for
commercial purposes;
(b) refrain from undertaking commercial whaling of fin whales in the
Southern Ocean Sanctuary; and
(c) observe the moratorium on taking, killing or treating of whales, except
minke whales, by factory ships or wh ale catchers attached to factory
ships.
3. Further, the Court is requested to adjudge and declare that JARPA II is not
a program for purposes of scientific research within the meaning of Article VIII of
the International Convention for the Regulation of Whaling.
4. Further, the Court is requested to adjudge and declare that Japan shall:
(a) refrain from authorising or impl ementing any special permit whaling
which is not for purposes of scientific research within the meaning of
Article VIII;
279 (b) cease with immediate effect the implementation of JARPA II; and
(c) revoke any authorisation, permit or licence that allows the
implementation of JARPA II.
W. M. Campbell
Agent of Australia
5 May 2011
280 CERTIFICATION
I certify that the annexes are true copies of the documents referred to and that the
translations provided are accurate.
W. M. Campbell
Agent of Australia
5 May 2011
281Appendix 1: W de la Mare, N Kelly, D Peel, Antarctic Baleen Whale Populations
(April 2011)
Antarctic Baleen Whale Populations
William de la Mare,Natalie Kelly, David Peel
April 2011
282The Authors
Dr William de la Mare is a research scientist specialising in marine ecosystem
analysis, integrated management of marine species, and statistical and numerical
modelling. Dr de la Mare has specialised in developing management methods for
marine living resources, and has extensive experience in developing statistical
methods for scientifically assessing marine mammals and fish. Through his work
on a revised management procedure for the International Whaling Commission,
Dr de la Mare pioneered the use of simulation as a means for developing
management policies and evaluating their potential performance.
Dr Natalie Kelly is a Commonwealth Scientific and Industrial Research
Organisation (CSIRO) statistician working within the Australian Marine Mammal
Centre (AMMC) to provide statistical support to marine mammal research.
Originally, Dr Kelly's area of research was quantitative forest ecology; but she
now works within Antarctic marine ecology. Her primary role within AMMC is
to coordinate and lead an aerial survey for minke whales in east Antarctica. Dr
Kelly also maintains research links in plant and tree ecology, specifically
eucalypts and agricultural weeds.
Dr David Peel is part of the CSIRO group that is working within AMMC to
provide statistical modelling and analysis expertise. His background has mainly
been within the area of fisheries science; quantifying species abundance and
spatial-temporal distribution from aerial and/or sea based line-transect surveys,
tag mark-recapture or genetic methods. Dr Peel has active research interests in
model based survey design, spatial modelling, distance sampling, survey
technology and state-space modelling.
Prepared with the assistance of the Australian Antarctic Division.
283TABLE OF CONTENTS
1. Introduction ..........................................................
........287.
2. Background Information ........................................................... 289
2.1. IWC M ANAGEMENT AREAS ..............................................
89....................2
2.2. ASSESSING BREEDING STOCKS ...................................................................290
2.3. POPULATION A BUNDANCE ESTIMATES ......................................................291
2.3.1. Absolute abundance estimates from IDCR/SOWER programs........291
2.3.2. JARPA / JARPA II abundance estimates .........................................292
2.4. POPULATION M ODELLING .......................................................................
..294
3. Blue whales ..........................................................
.......... 296
3.1. NTRODUCTION .......................................................................
...................296
3.2. CATCH HISTORY .......................................................................
.................296
3.2.1. Commercial whaling history.............................................................296
3.2.2. JARPA and JARPA II whaling history.............................................297
3.2.3. Other whaling history...........................................
.............................297
3.3. STOCK STRUCTURE .......................................................................
.............297
3.4. STATUS .......................................................................
............................... 297
3.4.1. Current/recent abundance .................................................................297
3.4.2. Effects of whaling.........................................................................
....298
3.5. M ANAGEMENT .......................................................................
...................298
3.6. GENERAL ISSUES STATUS .......................................................................
...299
4. Fin whales .........................................................
............ 300
4.1. NTRODUCTION .......................................................................
...................300
4.2. CATCH HISTORY .......................................................................
.................300
4.2.1. Commercial whaling history.............................................................300
4.2.2. JARPA and JARPA II whaling history.............................................301
4.2.3. Other whaling history...........................................
.............................301
4.3. STOCK STRUCTURE .......................................................................
.............301
4.4. STATUS .......................................................................
............................... 301
4.4.1. Current/recent abundance .................................................................301
4.4.2. Pre-exploitation numbers..................................................................302
284 4.5. M ANAGEMENT .......................................................................
................... 302
4.6. G ENERAL ISSUES /STATUS .......................................................................
... 302
5. Humpback whales .......................................................................
303
5.1 INTRODUCTION .......................................................................
....................303
5.2. C ATCH HISTORY .......................................................................
................. 304
5.2.1. Commercial whaling history ............................................................304
5.2.2. JARPA and JARPA II whaling history............................................307
5.2.3. Other whaling history......................................................
07.............3
5.3. STOCK STRUCTURE ........................................................................
...........308
5.4. STATUS .......................................................................
.............................. 309
5.4.1. Current/recent abundance.................................................................309
5.4.2. Pre-exploitation numbers..................................................................309
5.5. M ANAGEMENT .......................................................................
................... 311
5.6. G ENERAL ISSUES /STATUS .......................................................................
... 311
6. Antarctic Minke Whales ............................................................ 312
6.1. INTRODUCTION .......................................................................
..................312
6.2. C ATCH HISTORY .......................................................................
................. 313
6.2.1. JARPA / JARPA II catch history .....................................................316
6.3. STOCK STRUCTURE ........................................................................
...........317
6.4. STATUS .......................................................................
.............................. 318
6.4.1. Pre-exploitation abundance..............................................................318
6.4.2. Current abundance........................................................................
....318
6.5. M ANAGEMENT .......................................................................
................... 321
6.6. G ENERAL ISSUES /STATUS .......................................................................
... 321
7. Summary and Conclusions ........................................................ 322
References .............................................................
................323
285 1. I NTRODUCTION
1.1. The purpose of this paper is to provide a summary of current knowledge
on the effects of whaling on Southern Hemisphere Antarctic baleen whale
populations which have been subject to commercial or scientific whaling.
Historical and current population abundance information (so far as it is reliably
known) is provided with respect to each whale species so as to provide context for
the whaling effect summaries. 826
1.2. This paper is based on information that has broad acceptance within the
Scientific Committee of the International Whaling Commission (IWC). The most
important source of data for the estimation of current abundance of Antarctic
baleen whales is a series of surveys carried out under the IWC’s International
Decade of Cetacean Research (IDCR) and Southern Ocean Whale and Ecosystem
Research (SOWER) programs. These programs were overseen by the IWC
Scientific Committee and involved a multinational scientific collaboration,
including participation by Japan. It is important to note, however, that these
programs are entirely independent of the Japanese Whale Research Program
Under Special Permit in the Antarctic (JARPA) and its second phase (JARPA II).
1.3. The review covers those species designated to be taken under JARPA II,
that is: Antarctic fin, humpback and minke whales. Antarctic blue whales are also
included to provide context and information for the similarly exploited fin whale,
about which very little is known. These four species belong to the group of
827
species commonly known as rorquals. Apart from their inclusion in summary
catch statistics, Southern Hemisphere sei whales and pygmy blue whales are not
considered in detail here because they are found predominantly to the north of the
South Polar Front which is usually considered to be the northerly extent of the
Antarctic marine ecosystem (Knox 1970).
1.4. Information on trends in historic abundance of Antarctic baleen whales
derives from the application of the IWC Scientific Committee’s agreed population
models.
826In this paper the term abundance is synonymous with absolute abundance, unless otherwise
qualified. Absolute abundance refers to the total number of animals in a population, after
excluding those animals too small to be taken by commercial whaling. Occasionally reference is
made to relative abundance, which is an index used to monitor a population’s rate of increase or
decrease.
827
Rorquals have a series of grooves in the skin running from below the mouth along the
underside. These grooves allow the mouth to expand immensely when feeding.
2871.5. Due to significant concerns arising from the Scientific Committee’s review
of their fundamental design and data analysis methods, this paper does not make
use of estimates of abundance derived from JARPA or JARPA II. These concerns
are discussed in detail in Section 2.3.2.
1.6. Following this introduction, the structure of this paper is as follows:
1.7. Section 2 provides general background information regarding the IWC
Management Areas together with a brief explanation of the terminology and
scientific concepts referred to throughout this paper. This includes a discussion of
the problems with abundance estimates derived from JARPA and JARPA II data
and an explanation of why these estimates do not form part of this paper’s
analysis.
1.8. Sections 3 to 6 provide an analysis of the effect of whaling on each of the
relevant whale species targeted by JARPA II (in addition to Antarctic blue
whales) by reference to factors such as general commercial and other whaling
history, JARPA and JARPA II whaling history, stock structure, current population
status and past and ongoing management issues.
1.9. Section 7 provides conclusions about the effect of whaling upon each of
the relevant whale species and provides estimates of the current populations.
288 2. B ACKGROUND INFORMATION
2.1. IWC M ANAGEMENT A REAS
2.1. IWC Management Areas are important in this review because they
delineate the regions of the Southern Ocean in which current and historic whale
abundances have been estimated. The abundance of whales over time can be
calculated by configuring a mathematical population model (further explained
below in section 2.4) so that it accords with recent estimates of the number of
whales in each Management Area. These calculations assumed that each
Management Area contains a separate stock of whales and that the historic catch
is known for each Area. The validity of these assumptions will be discussed in the
sections below for each species.
2.2. According to the Schedule to the International Convention for the
828
Regulation of Whaling (“the Convention”), stock bo829aries for Southern
Hemisphere baleen whales (excluding Bryde’s whales ) are specified by six
Areas, I-VI; see Figure 1. Each of these six Areas stretch from the Equator to the
coast of Antarctica delineated by meridians of longitude. Although these
boundaries were not adopted by the IWC until the 1974/75 season, they had been
used in the scientific literature for decades prior (Donovan 1991). A version of
these boundaries was defined in the 1930s by Norwegian scientists, using catch
positions of whales and positions of whaling vessels from Norwegian pelagic
whaling records. Based on the geographical clustering of these predominantly
blue and fin whale records, five ‘Areas’ were identified. The boundaries were
further developed in the early 1940s when humpback catch, sighting and marking
data were studied (Mackintosh 1942). Mackintosh concluded that the existing
Areas accounted for putative stock or group differences in humpback whales in
the Southern Ocean, and that the Areas also seemed to account for their north-
south migrations between breeding and feeding grounds. Another Area, VI, was
also added by Mackintosh. At the time Mackintosh published his paper on the
stock boundaries it was recognised that there was no way of knowing whether the
Areas accounted for migration and breeding areas of fins and blue whales
(Donovan 1991). Subsequent reviews failed to develop a more appropriate area
delineation system (Donovan 1991).
828
The Schedule is updated by the Commission annually and contains the IWC regulations
concerning whaling operations (definitions, catch limits, seasons etc.).
829
In the Southern Hemisphere, the six Management Areas were not used for Bryde’s whales; this
species does not migrate to Antarctic waters (Donovan 1991).
2892.3. In summary, the Antarctic Management Areas are unlikely to delineate
separate whale stocks. They survive simply because of a lack of alternatives. They
are also linked to management approaches that are no longer in use. The IWC’s
Revised Management Procedure does not require the delineation of Management
Areas that contain separate whale stocks (IWC 1994).
2.2. A SSESSING BREEDING STOCKS
2.4. Assessing the status of a breeding stock requires information on the
distribution and movements of whales so that historical catches can be accurately
assigned to each breeding stock (IWC 2010c; Annex H). Much of what is known
about the distribution and movements of whales is based on historical catch data
and ‘Discovery’ marks (Rayner 1940; Chittleborough 1959; Dawbin 1959;
Chittleborough 1965; Dawbin 1966; Paton and Clapham 2006). Discovery marks
are uniquely numbered metal cylinders that were fired into a whale at a known
location, to be recovered at a later time if the whale was caught and processed.
More recently genetic methods have been applied to improve the understanding of
breeding stocks (Baker 1998; Anderson et al. 2010), as well as photo
identification (Garrigue and Gibb 2007; Burns 2010) and satellite tagging (Dalla
Rosa 2008; Lagerquist et al. 2008; Gales 2009; Gales 2010).
Figure 1. Southern Hemisphere baleen whale Management Areas (see IWC (1980), p582 for
more details).
2902.3. POPULATION ABUNDANCE ESTIMATES
2.5. Absolute abundance is estimated using sightings surveys. Sightings
surveys involve counting the number of whales in a given area (that is density of
whales in numbers per square kilometre) and scaling that density to the total area
defined as containing the population. For example, if a survey covered 1% of the
range of the population in a management area and encountered 100 whales, the
population would be estimated to comprise 10,000 whales.
2.6. The class of methods used to estimate whale density in the IWC is known
as line transect theory or distance sampling (Buckland et al. 1993). Whale density
is estimated by sailing a ship (or in some instances flying an aircraft) along a
predetermined route. Each leg of the predetermined route is in principle meant to
be a random sample from all of the possible routes that could be used to cover the
area being surveyed. Thus, surveys can be designed so that every whale should
have an equal probability of being counted.
2.7. Counting the whales that someone sees is not difficult. The two
challenging problems are:
estimating the proportion of the total area in which the whales were
counted, and
estimating how many whales were not seen.
2.8. The abundance estimate is corrected for the numbers of whales that were
estimated as being missed. For early surveys the methods had not yet been
devised to estimate this probability and so it was assumed that all whales were
seen.
2.3.1. Absolute abundance estimates from IDCR/SOWER programs
2.9. The information on absolute abundance used in this paper is based on
circumpolar sightings surveys conducted to the south of 60°S. Although described
as circumpolar, the surveys were in fact carried out in each Management Area in
turn, with each circumpolar survey taking six years to complete. The first of these
surveys, CP-I, ran between 1978/79 to 1983/84; CP-II between 1985/86 and
1990/91; and CP-III between 1991/92 and 2003/04. The surveys were usually
conducted between late December and mid-February. Survey-related activities
continued after mid-February in most years. The late season activities were
largely experimental, and, so far, data from them are not used directly to obtain
abundance estimates.
2912.10. During each survey, two vessels covered a single IWC Management Area.
Vessels used in the surveys were not ice-strengthened, so all surveys are strictly
outside of the marginal pack-ice zone. Although the primary aim of the
IDCR/SOWER surveys was to estimate minke whale abundance, all cetacean
sightings were recorded (Branch and Butterworth 2001). The Scientific
Committee has reviewed the results of these surveys each year.
2.11. The methodology of IDCR/SOWER may be affected by some, but not all,
of the biases that affect JARPA and JARPA II surveys given in paragraph 2.12
(e.g., the effect of dynamic sea ice edges and changes in the number of whales in
unsurveyed ice areas). Identifying and removing these biases remains a focus of
the In-depth Assessment Subcommittee within the Scientific Committee (IWC
2010d).
2.3.2. JARPA / JARPA II abundance estimates
2.12. A review of estimates of minke whale abundance and population trends
arising from JARPA was undertaken as part of an overall review of the program
in 2006 (IWC 2006c) and discussed further in the Scientific Committee meeting
immediately following (IWC 2008, p58). Due to many concerns documented
during this review (IWC 2006c), the IWC has not accepted these abundance
estimates or the utility of the data collected from JARPA and JARPA II surveys.
Some of these concerns are based on the fundamental design of the program and
others on the subsequent data analyses. These concerns, which mainly relate to
conducting sighting surveys as part of a lethal whaling program, can be
summarised as:
a) Sections of the survey area remain unsurveyed. Unsurveyed areas may lead
to bias in subsequent abundance estimates. During JARPA the four primary
causes that led to areas being unsurveyed were:
1. night steaming where the vessels kept travelling with no survey effort
during night hours;
2. catching up with the schedule of the survey;
3. time taken to close in on a whale after it is spotted; and
4. travelling in conditions that were too poor for sighting.
b) JARPA did not employ ‘independent observers’. Independent observers
enable the estimation of the numbers of whales that were not counted
(Borchers et al. 1998). The absence of independent observers means that
JARPA data cannot be used to estimate the probability of seeing any given
whale.
292 c) Combining data from different sighting modes (i.e., closing versus passing
830
mode ) in estimates of animal density is a complex problem. Methods to
overcome these differences in the analysis of JARPA data were considered
inadequate.
d) Due to the small number of sightings in some spatial st831a of the JARPA
survey design, estimation of “detection functions” for these strata was
compromised. There may also be problems with combining sighting data
from different sighting vessels to estimate detection functions.
e) The parallel transects derived from different sighting/sampling vessels
(SSVs; under JARPA, there were two or three SSVs travelling together)
were analysed as being independent. These transects are in fact spatially
correlated and, as such, statistical error will be underestimated.
f) Over the duration of JARPA, there was a change in the order in which the
more northerly and southerly regions were surveyed. Earlier in the program,
both north and south regions were surveyed simultaneously; in the later
years, areas to the north were surveyed early in the season, followed by
those in the south in the latter part of the season. The change in order may
affect the results because the whales are migrating during the surveys.
g) The effect of having a number of vessels operating in proximity on whale
behaviour is largely unknown. This effect was not incorporated into
abundance estimates from JARPA data.
h) Although subsequent analyses of JARPA sighting data were based on the
original ‘saw-tooth’ track design, the dynamic nature of the sea ice
boundary (i.e., the southern edge of the survey area) meant realised survey
tracks often diverged from the plan. The effect of diverging from the
planned track was not incorporated into the abundance analyses.
2.13. Due to these concerns, sighting data from JARPA and the subsequent
abundance estimates have not been used in the preparation of this report. The
same concerns will apply to JARPA II sightings surveys since these are reported
to use the same methods as JARPA (Nishiwaki et al. 2010, p2).
830
Closing mode refers to a method of conducting the survey where the ship leaves the survey
track to confirm the species of whales sighted and to count whales in a school. Inpassing mode the
ship does not deviate from the survey track.
831
A detection function is a mathematical relationship that describes how the probability of seeing
a whale changes with its distance from the observer.
2932.4. POPULATION M ODELLING
2.14. Population modelling is used to estimate how catches have changed the
abundance of a whale population over time. This is achieved by fitting a
population model to one or more estimates of absolute or relative abundance. The
estimates of the population size and trend are generally more reliable when
estimates of absolute abundance are used (de la Mare 1986).
2.15. The models used by the Scientific Committee are based on the BALEEN
II model (de la Mare and Cooke1993a, 1993b; Punt 1999). The BALEEN II
model calculates the numbers of whales of each age, sex and state of sexual
maturity. The models allow for animals with different ages to have different
susceptibilities to capture. The models are used with information on the catch
history and absolute and relative abundance estimates to calculate the total
population number for each year from just prior to the start of exploitation
onwards. The historical catch data determine how the population would have
declined due to exploitation, while the absolute abundance estimates are used to
ensure that the population trends are consistent with recent abundance. It should
be noted when comparing current populations to their pre-exploitation levels that
the model is generally applied with the assumption that the environment has not
changed over time.
2.16. Bayesian and Maximum likelihood implementations 832of the BALEEN II
model have been applied to a range of whale species (Raftery et al. 1995; Wade
2002) and more recently humpback breeding stocks (Johnston 2002; Zerbini
2004; Jackson 2006; Ward 2006; Zerbini in press).
832Bayesian and Maximum likelihood are the two commonly used methods in statistics to fit
models to data.
294 Pygmy Blue
Blue
Fin
Minke
Sei
Humpback Blue
Pygmy Blue
Fin
Number of Whales Humpback
Sei
Minke
0 10000 20000 30000 40000 50000
1900 1920 1940 1960 1980
Year
Figure 2. Total annual commercial catch of selected Southern Hemisphere whale species
(data from IWC (2010e).
Total whales caught
0 100000 200000 300000 400000 500000 600000 700000
Blue PBlue Fin HB Sei Minke
Species
Figure 3. Total commercial catch (1903-1986) of selected Southern Hemisphere whale
species (data from IWC 2010e).
295 3. B LUE WHALES
3.1. INTRODUCTION
3.1. Blue whales are the largest animal on Earth. The largest Antarctic blue
whales recorded were caught off the South Shetlands and South Georgia with
respective lengths of 31.7 and 32.6 m; (Sears and Perrin 2008). Two sub-species
of blue whale occur in the Southern Hemisphere: Antarctic (or true) blue whales
(Balaenoptera musculus intermedia [Burmeister, 1871]) and pygmy blue whales
(Balaenoptera musculus brevicauda [Ichihara, 1966]). The focus of this section is
on Antarctic blue whales. Little is known about the migration and distribution of
blue whales (Branch et al. 2007). It is generally agreed they feed during the
summer months near the ice edge and that an unknown proportion migrate
northwards to breeding grounds during winter (Mackintosh 1966; Branch et al.
2007).
3.2. CATCH HISTORY
3.2.1. Commercial whaling history
3.2. Following the commencement of Antarctic whaling the blue whale catch
steadily increased until peaking in the 1930/31 season when 30,365 animals were
taken (IWC 2006b) (see Figure 2). This massive take resulted in the oversupply
of whale oil, culminating in a collapse in the price. As a result, in the 1931/32
season, there was a substantial decrease in whaling effort. From this point on fin
whales became the main component of Antarctic whaling due to the steady
decline in the abundance of blue whales.
3.3. In 1963, the IWC finally gave blue whales partial protection, recognising
that the many years of unsustainable blue whale catches had put the species in
“serious danger of extermination” (Chapman 1964). The area between 40°-55°S
and 0°-80°E corresponded to the distribution of the newly identified pygmy blue
population. This region remained open for taking blue whales until 1965.
However, 20% of the subsequent catches were reported to be Antarctic blue
whales (Small 1971).
3.4. Despite being protected from 1963 onwards, blue whales were taken
illegally by Soviet operations until an International Observer scheme came into
effect in 1972. In total, a further 852 blue whales were taken (Zemsky 1995;
Zemsky 1996; Branch 2004) from the extremely small population remaining after
1963.
2963.5. Overall during the twentieth century 345,755 blue whales (Branch 2008c)
were caught in the Southern Hemisphere from 1905 to 1976 (IWC 2006b) (see
Figure 3 for a comparison across species of total catch numbers).
3.2.2. JARPA and JARPA II whaling history
3.6. Blue whales have not been targeted under either JARPA or JARPA II.
3.2.3. Other whaling history
3.7. Antarctic blue whales were also taken at coastal whaling stations in South
Africa. Some blue whales were believed to have been taken by “pirate” whaling
operations in the South Atlantic during the1960s and 70s (Brownell and Yablokov
2002). Some hundreds of whales were taken illegally in 1954 off the Pacific coast
of South America by the Panamanian registered Olympic Challenger (Barthelmess
et al. 1997). Blue whales were also taken by coastal whaling operations in Chile
and Peru.
3.3. STOCK STRUCTURE
3.8. Within the Southern Ocean the Antarctic blue whales are considered to
have a continuous circumpolar distribution and have been known to disperse
widely (Branch et al. 2007). However, there has been some evidence of discrete
feeding stocks (Sears and Perrin 2008) and there are circumpolar discontinuities
where no whales seem to be present (Branch et al. 2007). The current Scientific
Committee agreed assessment model for the Southern Hemisphere blue whale is
to treat it as a single circumpolar stock, although it has been planned (IWC 2009a,
Annex H, Section 5.2.1) to investigate more localised models, such as those
described by Rademeyer (2003).
3.4. STATUS
3.4.1. Current/recent abundance
3.9. Antarctic blue whale abundance estimates based on the IDCR/SOWER
surveys are 453 (CV = 0.40), 559 (CV = 0.47) and 2,280 (CV = 0.36)
, with mid-
years of 1980/81, 1987/88 and 1997/98 respectively (Branch 2007a) (‘CV’ refers
297 833
to the coefficient of variation ). Although these CVs indicate low relative
statistical precision, the estimates are still quite precise in absolute terms. The
estimates indicate that the population is known accurately to within a few
thousand animals, and hence it is quite certain that it is small.
3.4.2. Pre-exploitation numbers
3.10. The Scientific Committee uses a Bayesian statistical method to fit the
BALEEN II model (Branch 2008b) to estimate a population trajectory and hence
pre-exploitation numbers (see Section 2.4).
3.11. Based on Branch (2008b) the Scientific Committee (IWC 2009a) agreed
834
on estimates of pre-exploitation abundance in the range of 235,000 – 307,000
whales. The population is estimated to have been depleted by twentieth century
whaling to a minimum abundance in the range of 235 – 804 whales. The relative
depletion at the point when the population reached its lowest level has a range of
0.10% – 0.28% of its original abundance.
3.12. More recently, the population is estimated to be increasing at a rate in the
range 2.4–8.4% per annum. The most recent survey abundance estimate in 1997 is
2,280 (from Branch [2008a]), which is in the range 0.7 – 1.0% of the pre-
exploitation abundance.
3.5. M ANAGEMENT
3.13. The Antarctic blue whale was designated a protected species after 1963.
On the introduction of the New Management Procedure in 1974, all Antarctic blue
whales were classified as Protec835n Stocks, meaning that no commercial whaling
of the species was permitted. A comprehensive assessment was initiated by the
IWC in 2006 and completed in 2008 (IWC 2009a).
833
CV: coefficient of variation. A statistical easure of relative uncertainty of an estimate
obtained as the ratio of the standard error to the mean. Lower values indicate more reliable
estimates. A CV of less than 0.1 indicates good statistical precision, while values greater than 0.4
indicate poor statistical precision.
834In this review the term range corresponds to the 95% confidence interval (CI). A 95%
confidence interval is a numeric interval which is statistically expected to contain the true value of
a quantity with 95% probability.
835The New Management Procedure (NMP) aimed to bring stocks of whales to an optimal level at
which the largest number of whales could be taken (i.e., the maximum sustainable yield or MSY)
in perpetuity, without depleting the stock. In theory it allowed for the setting of catch limits to be
2983.6. G ENERAL ISSUES /STATUS
3.14. Although there are signs of population growth (Branch 2008a) the number
of blue whales is still very low.
3.15. International status:
Blue whales are listed as Critically Endange836 by IUCN (Reilly 2008b)
Blue whales are listed under Appendix 1 of the Convention on
International Trade in Endangered Species of Wild Fauna and Flora
(CITES).
According to the Schedule to the Convention (IWC 1946), blue whales are
currently considered a Protection Stock. There is to be no commercial
whaling on Protection Stocks.
separate from political negotiation and contained within the legally binding Schedule. The NMP
failed due to a lack of necessary information about the dynamics of whale populations.
836
Appendix 1 lists species that are the most e ndangered among CITES-listed animals and plants.
They are threatened with extinction and CITES prohibits international trade in specimens.
299 4. F IN WHALES
4.1. INTRODUCTION
4.1. The fin whale (Balaenoptera physalus [Linnaeus 1758]) is the second
largest of the great whales. In the Southern Hemisphere, females have an average
length of around 26 m, with males slightly smaller at 25 m. The adult body mass
is 60 to 80 metric tons (Aguilar 2008). Although fin whales are widely distributed,
the following information refers primarily to those found in the Southern
Hemisphere.
4.2. Fin whales do not display a well-defined social structure, and are generally
found as singletons or small groups of up to seven (Bannister 2008). The only
strong social connections seem to be between mothers and nursing calves,
although larger transient groups may occur in highly productive feeding areas
(Aguilar 2008).
4.3. Longevity of fin whales has never been properly established (Aguilar
2008), but it is thought that they can live for up to 90 years (Bannister 2008).
4.4. The general migratory pattern of fin whales is to travel from winter
breeding grounds in the lower latitudes to their summer feeding grounds in the
Polar Regions. In the Southern Hemisphere, mating occurs May-July; gestation
lasts about 11 months (Aguilar 2008). Weaning occurs when calves attain an age
of around 6-7 months. Mothers will be ready to mate again in a further 6 months.
The pregnancy cycle takes around two years to complete. The proportion each
year of the adult female population that is pregnant is around 38-49%.
4.5. Fin whale feeding grounds are thought to cover a wider range of latitudes
than the other Antarctic rorquals and to be further from the ice-edge. Locations of
winter breeding grounds are largely unknown as fin whales tend to migrate in the
open ocean, obscuring migration routes and destinations.
4.6. As with Antarctic blue, humpback and minke whales, fin whales feed
predominantly on Antarctic krill (Euphausia superba) during the summer months
(Bannister 2008) and fast during the winter (Aguilar 2008).
4.2. CATCH HISTORY
4.2.1. Commercial whaling history
4.7. After initially targeting humpback and blue whales, the whaling industry
increasingly turned to the more abundant fin whales (see Figure 2). According to
300the most recent version of the IWC’s catches database approximately 725,000 fin
whales were killed in the Southern Hemisphere between 1903 and 2010 (IWC
2010e) (see Figure 3). During the period 1935-1970, around 30,000 fin whales
were taken annually worldwide, making it the most frequently taken whale
species during that period. The catch of fin whales started to wane in the early
1960s as the industry began to concentrate on sei whales. By the mid 1970s, less
than 1,000 fin whales were being caught annually. In 1976, the IWC prohibited
the killing of fin whales in the Southern Hemisphere.
4.2.2. JARPA and JARPA II whaling history
4.8. No fin whales were killed under JARPA. Under JARPA II, a total of 19 fin
whales have been killed (10 in 2005/06, 3 in 2006/7, 1 in 2008/09, 1 in 2009/10
and 4 in 2010/11).
4.2.3. Other whaling history
4.9. As with blue whales, Antarctic fin whales were also taken at coastal
whaling stations in South Africa. Fin whales were taken by “pirate” whaling
operations in the South Atlantic in the1960s and 70s (Brownell and Yablokov
2002). Some fin whales were taken illegally in the 1954 off the Pacific coast of
South America by the Olympic Challenger (Barthelmess et al. 1997). Fin whales
were also taken by coastal whaling operations in Chile and Peru.
4.3. STOCK STRUCTURE
4.10. Very little is known about the stock structure of fin whales in the Southern
Hemisphere. Fin whales are not common and too few biopsy samples have been
taken for genetic analysis to be useful. The identification of breeding grounds of
fin whales is difficult as they do not concentrate in coastal waters.
4.4. STATUS
4.4.1. Current/recent abundance
4.11. The Scientific Committee accepted estimates of current circumpolar (and
south of 60ºS) fin whale abundance range from 5,455 (CV = 0.53) and 8,036 (CV
= 0.58), depending on assumptions about survey sighting conditions and species
301identification (Branch and Butterworth 2001). Data for these estimates were
derived from the third circumpolar survey of the IDCR/SOWER program. Both of
these abundance estimates are accompanied by large CVs, and therefore they are
not in statistical terms significantly different. Some whales are likely to have been
in more northerly waters during the surveys and these are not included in the
estimates.
4.4.2. Pre-exploitation numbers
4.12. Currently there are no pre-exploitation abundance estimates for fin whales
that have been endorsed by the Scientific Committee, although numbers between
235,000 (Mori and Butterworth 2006) and 325,000 (IUCN website [there is no
indication as to the origin of this estimate]) have been suggested.
4.5. M ANAGEMENT
4.13. Southern Hemisphere fin whales have not been the focus of much
discussion within the IWC for a number of decades. In 2010 Southern
Hemisphere fin whales were included in discussions by the Scientific Advisory
Group (SAG). The SAG was assembled at the request of the Commission to aid in
reviewing components of the discussions on the Future of the IWC (IWC 2010b).
The SAG noted that although the fin whale stocks were depleted (see Section 4.4),
the last assessment of fin whales was in 1976 (Chapman 1976; Allen 1977;
Breiwick 1977) and very little information has been collected since then (IWC
2010a).
4.6. GENERAL ISSUES STATUS
4.14. National and international status:
Fin whales are listed as Endangered by the IUCN (Reilly 2008c).
Fin whales are listed under Appendix 1 of CITES.
Within Australia, fin whales are listed as Vulnerable under the
Environmental Protection and Biodiversity Conservation Act 1999
(DEWHA 2010).
According to the Schedule to the Convention (IWC 1946), fin whales are
currently considered a Protection Stock. There is to be no commercial
whaling on Protection Stocks.
302 5. H UMPBACK WHALES
5.1. INTRODUCTION
5.1. Humpback whales (Megaptera novaeangliae [Borowski 1781]) are
typically 14-15 m in length, although lengths up to 16-17 m have been recorded
(Chittleborough 1965; Clapham 1999). Adult females are generally 1-1.5 m
longer than males (Clapham 2008). Both sexes reach sexual maturity at an
average of five years of age (Chittleborough 1965; Clapham 1992), with physical
maturity occurring between 8-12 years later (Chittleborough 1965). The inter-
birth interval is two years with calves born mid-winter on the low latitude
breeding grounds, after a gestation of about 11-12 months (Chittleborough 1958;
Clapham 1999). Longevity is not well known, but is probably around 50 years.
5.2. Humpback whales are highly migratory, with one of the longest known
migration distances of any mammal (Palsbøll 1997), reaching over 11,000km
(Bannister 2008). Most humpback whales spend the summer season on high-
latitude feeding grounds and migrate to low latitude breeding/calving grounds
during the winter (Dawbin 1966; Clapham 1999; Clapham 2000) (see Figure 6 for
a general outline). It is thought a proportion of females may forego migration in
some years and remain in the feeding grounds (Brown 1995). Due to the seasonal
reproductive cycles being six months out of phase between the Northern and
Southern Hemisphere humpback whale populations interbreeding or mixing is
unlikely (Johnson 1984).
5.3. During summer humpback whales are abundant up to the ice edge
(Chittleborough 1965; Dawbin 1966; Johnson 1984). Most feeding occurs in this
productive cold water primarily on krill (euphausiids), in particular Antarctic krill
(Euphausia superba) (Clapham 1999). Generally, the breeding/calving grounds
are located in warmer low latitude areas, usually close to continental coastlines or
islands (Clapham 2008).
5.4. The dispersion into separate breeding grounds divides the Southern
Hemisphere population into a number of generally discrete breeding stocks
(Johnson 1984) (see Figure 6). These breeding stocks often overlap, or mix,
during the summer on the feeding grounds. The calves learn migration routes as
they migrate with their mothers, which results in a relatively high fidelity to
breeding and feeding grounds (Clapham 1996). However, it is known that
individuals have changed breeding ground (Baker 1990; Clapham 2000).
303 5.2. C ATCH HISTORY
5.2.1. Commercial whaling history
5.5. Whaling of humpback whales can be divided into two types: pelagic and
shore-based Antarctic whaling in the higher latitude feeding grounds; and lower
latitude coastal based whaling on the migration routes and breeding grounds (see
Figure 4 for the amount of Southern Hemisphere humpback whaling of each type
over time).
15000 Antarctic-based(>40 deg S)
Breeding ground/migration (<40 deg S)
10000
Humpback Catch
5000
0
1900 1910 1920 1930 1940 1950 1960 1970
year
Figure 4. Plot of Southern Hemisphere humpback whale catches over time divided into
Antarctic feeding ground (south of 40°S) and breeding ground/migration (north of 40°S)
(data from Allison (2006)).
5.6. The first phase of Antarctic humpback whaling in South Georgia collapsed
around the time of World War 1 after 27,000 humpback whales had been taken
(Allison 2006; Ward 2006). During the 1930s humpback whale catches increased,
significantly depleting the population and resulting in a sudden drop in catch rate.
In response to this an International Conference on Whaling in 1937 granted
humpback whales complete protection throughout Antarctica with effect from
1939, although there was a temporary suspension of the ban in 1940. Large-scale
Antarctic whaling was interrupted during World War 2 due to the displacement
and destruction of whaling fleets. The end of World War 2 saw the resumption of
full scale whaling and in 1949, when the complete humpback whale protection
was removed, large-scale humpback catches were resumed.
3045.7. Intermittent but sometimes significant pre-war catches were taken by
837
Australian coastal whaling operations (see Bannister [2008], p83) on stocks
BSD and BSE (see Section 5.3 for an explanation of humpback whale breeding
stocks). After World War 2 Australia started coastal whaling using land-based
processing from Point Cloates, Carnarvon and Albany on the west coast of
Australia, and Tangalooma (Moreton Is.), Byron Bay and Norfolk Island on the
east coast (Chittleborough 1965). Under strict quotas (Bannister 2008), Australian
land-based operations continued until 1962 when the IWC granted protection to
the Southern Ocean humpback whale. Over the 14 year period after World War 2,
20,619 animals were taken from Australian land-based operations (see Tables 1
and 2 in Chittleborough [1965]).
5.8. New Zealand’s whaling endeavours followed a similar pattern to
Australia’s with land-based coastal whaling on migration routes (Cook Strait,
New Zealand), 838leading up to the population crash of the early 1960s when
operations became economically unviable. A total of 5,714 whales (5,115 post
war) were taken by New Zealand (Chittleborough 1965).
5.9. After an initial period of heavy catches (nearly 8,000 whales) off
Mozambique and South Africa during 1908-15, stock BSC was subject to
continuous but declining catches from Natal, South Africa and Madagascar
(Angot 1951). Catches increased again in the late 1940s before the IWC’s 10-year
humpback whaling ban. This was followed by a short pulse of whaling activity in
the late 1950s when humpbacks whales were again allowed to be caught.
However, this activity soon dropped away due to low catch rates. In total, almost
20,000 animals from this breeding stock were taken in the period 1908-1966.
Some catches of BSC whales were also taken by pelagic expeditions in and
outside the Antarctic.
5.10. Overexploitation of humpback whales continued, leading up to substantial
depletions in 1959 and 1960 as result of illegal Soviet operations. The result was a
complete collapse of the population (and consequently catch rates) in 1962. The
Australian west coast whaling catch-rate-per-unit-of-whaling-effort fell by a
factor of 10 over the 13 years up to 1962 (see Table 1 of Chittleborough [1965]).
The east coast population saw the same decrease in only four years (see Table 2 of
Chittleborough [1965]). In response, the IWC banned c839ercial catches of
humpback whales in the Southern Ocean in 1963. However, illegal Soviet
837West coast 1912-1916 / 1922-1928, East coast Jervis Bay, NSW 1912-1916, Twofold Bay,
NSW -1930 (Bannister 2008).
838New Zealand also conducted some Antarctic pelagic whaling into the late 1930s and pelagic
whaling off the west coast of New Zealand from 1935-1939.
839Protection was granted by the IWC to humpback whales in 1958 for the North Atlantic, and
1966 for the North Pacific populations.
305catches, which had begun in 1947, continued until 1973 (Yablokov et al. 1998;
Clapham et al. 2009).
5.11. Humpback whales were particularly affected by the Soviet activities.
Between 1947 and 1972 the Soviet Union reported to the IWC it took 2,710
humpback whales, when in fact it illegally took 48,702 (Clapham et al. 2009; see
Table 9). This corresponds to half of the total post-war catch of humpback whales,
with Antarctic Management Areas IV, V and VI bearing the brunt of most of the
catches. The Soviet takes were significantly damaging to humpback whale stocks,
obviously in terms of the sheer quantity of whales taken, but also due to the fact
that:
the catches were not evenly distributed over time, but rather a large
proportion of the catch occurred in two consecutive summers; 840
the catches were spatially concentrated with the fleet taking every whale
they came upon rather than different fleets around Antarctica taking
smaller numbers; and
whales were taken regardless of age, sex, size, or other considerations
mandated by IWC regulations (such as not taking females accompanied by
calves).
5.12. Overall, between 1904 and 1973, humpback whales were extensively
caught (see Figure 5), with total numbers of approximately 220,000 taken from
Antarctic stocks (Allison 2006); see Figure 3. The total post-war catch from the
IWC Management Areas IV and V was greater than 65,000 animals (see Clapham
et al. 2009, Table 9). Stock BSD incurred sustained depletion between 1949 and
1962 due to the combined effects of coastal and Antarctic pelagic whaling (see
Figure 5). Stock BSE was relatively less affected until the massive Soviet catches
from 1959 to 1962.
84011,778 were taken in the 1959/60 season and 8,872 in the 1960/61 season in IWC Management
Areas IV and V (Clapham 2009, Table 5)).
306 15000 BSB
BSC
BSD
BSF
BSG
10000
Humpback Catch
5000
0
1900 1910 1920 1930 1940 1950 1960 1970
year
Figure 5. Southern Hemisphere humpback whale catches over time divided by Breeding
Stock (data from Allison (2006).
5.2.2. JARPA and JARPA II whaling history
5.13. A take of 50 humpback whales forms part of the JARPA II proposal and
special permits are issued by Japan each year for that level of take. However, to
date, no humpback whales have been killed under JARPA II.
5.2.3. Other whaling history
5.14. Around 16,000 humpback whales were taken in the era of open-boat
whaling in the 19th century, predominantly in the Southern Hemisphere (Smith et
al. 2006). Humpbacks were taken incidentally by open-boat whalers targeting
predominantly sperm and right whales around Australia, New Zealand, Africa,
South America and the islands of the South Pacific. These operations probably
killed more animals than are included in the above estimate because of high rates
of whales struck and killed but not successfully landed (Smith et al. 2006). A
shore-based humpback whaling station operated in and around Twofold Bay on
the east coast of Australia in the 19th and early 20th centuries. Some humpback
whales were taken illegally in 1954 off the Pacific coast of South America by the
Olympic Challenger (Barthelmess et al. 1997). Humpback whales were also taken
by coastal whaling operations in Chile and Peru.
5.15. Small-scale coastal subsistence hunting of humpback whales occurred in
Tonga (BSE3) up until 1978 (Paterson 1984).
3075.3. S TOCK STRUCTURE
5.16. The Scientific Committee currently recognises eight distinct Southern
Hemisphere humpback whale breeding stocks, BSA, BSB, BSC, BSD, BSE, BSF,
BSG, and BSX 841(IWC 2005, Annex H, Section 5.2 and Figure 1); see Figure 6.
Although in this review we shall cover all seven Antarctic related stocks, we shall
give special attention to the stocks (BSD, BSE, and BSF) which are linked to
feeding grounds potentially affected by JARPA II as proposed (Areas IIIE to
842
VIW) (see Government of Japan 2005)). Due to uncertainty on stock
boundaries we have also included some information on BSC.
Figure 6. Hypothetical stock structure for Southern Hemisphere humpback whales, from
(IWC (2005; Annex H p.13 Figure 1): “for illustrative and discussion purposes only. The
areas and sub areas identified reflect approximate, rather than necessarily exact,
boundaries. A dotted line represents hypothetical connections, thin lines represent a small
number of documented connections between areas from resights using Discovery tags, photo-
identification or genetics, or satellite tracked whales, and thick lines represent a large
number of documented connections between areas from resights using Discovery tags, photo-
identification or genetics, or satellite tracked whales.”
NOTE: This figure is from 2005. Since this time further understanding of breeding stocks
has developed. The figure is included here as a general guide for breeding stock locations
and movements rather than conclusive descriptions of breeding stock mixing/interactions.
841
BSX corresponds to stocks found in the Arabian Sea. The IWC has grouped it with the other
Southern Hemisphere stocks. We will not consider it in this review.
842
These are the areas covered by JARPA (Government of Japan (2005; p 13)) although when
humpback whale takes were proposed in 2005 it would seem that the longitudinal range for these
takes was possibly 70°E to 170°W, i.e., IWC Management Areas IV and V (as indicated in Figure
1 of Government of Japan (2005)).
3085.4. STATUS
5.4.1. Current/recent abundance
5.17. Humpback whale estimates are generally made in one of two locations:
either at the lower latitude breeding grounds/migration routes (e.g., Noad 2006;
Hedley 2008) or at the higher latitude Antarctic feeding grounds (for example the
IDCR/SOWER program (Branch 2006b) (see Section 2.3). Breeding ground
estimates will directly correspond to an individual breeding stock. Feeding ground
estimates will often encompass a mixture of two (or more) breeding stocks due to
range overlap. Partitioning these estimates by breeding stock requires assumptions
about mixing rates (IWC 2010c, Annex H).
5.18. It is believed that the current total population of Southern Hemisphere
humpback whales is of the order of 50,000 (41,800 estimated for the late
1990s/early 2000s, increasing at a rate in the range 5.8%–13.4% per year [Branch
2006b]). Individual breeding stocks seem to be increasing at rates between 4.6%
and 10.5% per year (Childerhouse 2008) (see Table 1for recent individual
breeding stock estimates). Globally, recovery of humpback whales is underway
(for example stocks BSD and BSE1 are showing rates of increase of over 10% 843
(Bannister 2001; Noad 2008). However, concern remains for certain small
subpopulations where little information is known and recovery has been slow
(e.g., BSE2, BSE3 and BSF [Childerhouse 2008]).
5.4.2. Pre-exploitation numbers
5.19. The Scientific Committee is currently developing individual breeding
stock models of the humpback whale population trajectory (Johnston 2002;
Zerbini 2004; Jackson 2006; Ward 2006; Zerbini in press) (see Section 5.5 for
more details). From these models pre-exploitation numbers will be able to be
derived in due course.
5.20. Because no final population model parameters have been agreed for stocks
BSD, BSE or BSF by the Scientific Committee it is not possible to report reliable
pre-exploitation abundance. However, it is generally accepted that the breeding
stocks suffered from extensive depletion, resulting in the populations being
reduced to a fraction of their pre-exploitation levels (some global population
estimates were in the order of 2–5 % of original population [Chapman 1974;
Johnson 1984]).
843Some populations showed estimated increases above 10% however the IWC has agreed rates
above 10.6% are biologically unrealistic for humpback whales IWC (2007), Annex H, p3.
309 Breeding Absolute
Year Abundance Source/Notes Reference
Stock (CV or CI)
6,251 Air-based survey off
BSA 2005 Brazil (Andriolo 2006)
(0.17)
7,196 Based on genetic
BSB 2003 (0.15) data from Iguela, (Collins 2008)
Africa
(Findlay and S. In
BSC 2003 5,965 Ship-based survey Press)
(0.17) off Mozambique (Findlay and S.
2003)
21,750 Air and Land-based
BSD 2008 survey of Western (Hedley 2008)
(17,550-43,000) Australia
7,090 Land based off
2004 (6,430-7,750) Queensland coast (Noad 2006)
(BSE1)
BSE Land based off
9,683 Queensland coast
2007 (8,556-10,959) (Noad 2008)
(BSE1)
Photographic mark-
recapture at New
3,827 Caledonia (BSE2),
2002 (0.12) Tonga (BSE3), Cook (Baker 2006)
Islands and French
Polynesia (BSF)
BSF Photographic mark-
recapture and
1999- 2,361 genetics at New
2004 (0.11) Caledonia (BSE2), (Constantine 2010)
Tonga (BSE3), Cook
Islands and French
Polynesia (BSF)
BSG 2006 6,504 Photographic mark- (Félix In Press)
(0.21) recapture at Ecuador
41,600 Ship-based
Total Stock 1991- (0.11) circumpolar survey (Branch In Press)
2003 covering South of (Branch 2006b)
(34,000-52,000) 60°S
Table 1. Recent absolute abundance estimates for humpback breeding stocks based on
estimates compiled in Müller (2010).
3105.5. M ANAGEMENT
5.21. The IWC Management Areas are not consistent with current understanding
of Southern Hemisphere humpbacks (IWC 2005, Annex H, Section 5.2) so the
Scientific Committee now takes an individual breeding stock approach to BSA-
BSG (as discussed in Section 5.3).
5.22. The Scientific Committee’s sub-Committee on Other Southern
Hemisphere Whale Stocks began its preliminary assessment of the Antarctic
humpback whale populations in 2001. A comprehensive assessment was
conducted in Hobart in 2006 (IWC 2006a). Since 2006, the sub-Committee has
been focusing on assessing and building population trajectory models for the
individual breeding stocks. A preliminary investigation has been done on a model
that considers the whole Antarctic stock (Müller 2010), but at this stage the model
is not ready to be used.
5.6. GENERAL ISSUES /STATUS
5.23. Some uncertainties remain about stock structure related to discreteness of
stocks and site fidelity. Particularly in the case of stocks BSD, BSE and BSF,
questions remain on the amount of mixing between stocks (in terms of breeding)
and, at the population level, physical mixing on the feeding grounds. These
uncertainties make the assignment of historical catches on the feeding grounds
difficult and, hence, the determination of separate historical population trajectories
problematic (IWC 2006a; IWC 2010c, Annex H).
5.24. The Oceanic sub-stocks (BSE2, BSE3, and BSF), in particular, are
vulnerable to depletion. The stocks’ migratory patterns are not completely known
and the sub-stocks have not shown much recovery (Childerhouse 2008).
5.25. National and international status:
Humpback whales are listed under Appendix 1 of CITES.
The global population of humpback whales is currently listed as Least
Concern by the IUCN (Reilly 2008a).
The Oceanic breeding groups (BSE and BSF) are listed as Endangered by
the IUCN (Childerhouse 2008).
Within Australia, humpback whales stocks BSE and BSF are listed as
Vulnerable under the EPBC Act (DEWHA 2010).
According to the Schedule to the Convention (IWC 1946), humpback
whales are currently considered a Protection Stock. There is to be no
commercial whaling on Protection Stocks.
311 6. A NTARCTIC M INKE W HALES
6.1. NTRODUCTION
6.1. Currently, two species of minke whales are recognised: the Northern
Hemisphere common minke, Balaenoptera acutorostrata (Lacépède 1804), and
the Antarctic (or Southern Hemisphere, as it is often referred to in IWC literature)
minke, Balaenoptera bonaerensis (Burmeister 1867). The Antarctic minke whale
was officially recognised as a separate species by the IWC in 1999 (IWC 2001,
p37). Minke whales (both Northern and Southern Hemisphere) are the smallest of
the rorquals. Adult Antarctic minke whales are, on average, around 10-11 m in
length and weigh between 8 to 10 tonnes, with females being slightly larger than
males (Horwood 1990).
6.2. Also found in the Southern Hemisphere is a dwarf (or diminutive) minke
form, which is closely related to the common minke whale. This dwarf form was
officially recognised by the Scientific Committee as morphologically different
from other minke whales in the Southern Hemisphere in 1989, and was henceforth
considered separate for management purposes (IWC 1991, p113). The dwarf form
is yet to be officially described as a separate species, and is still classified as B.
acutorostrata. Dwarf minke whales do not tend to migrate as far south as
Antarctic minke whales, although there have been sightings of the dwarf form at
around 65ºS (Bannister 2008). It is likely that less than 1% of minke whales found
south of 60ºS are the dwarf form (Leaper et al. 2008).
6.3. Minke whales in both hemispheres are thought to live up to around 50
years of age (Bannister 2008). The breeding cycle of a minke whale is around 14
months, and they usually conceive while still lactating (Horwood 1990); gestation
period is 10 months and calving is in winter (Bannister 2008) with the peak
birthing months being July and August (Perrin and Brownell 2002). The
proportion of adult Antarctic female minke whales that are pregnant each year is
78% (Horwood 1990). Unlike humpback whales (Clapham 2008), the calves of
minke whales do not follow their mothers into feeding areas. Instead, weaning is
thought to take place prior to arrival at feeding areas (IWC 1991, p119). Sexual
maturity is reached at 7-8 years for females and 8 years for males (Perrin and
Brownell 2002). Antarctic minke whales migrate further south than any of the
other baleen whales, and even occupy pack-ice in the austral summer months
(Ainley et al. 2007). However, the locations of the breeding areas in winter are
largely unknown (Bannister 2008). During the austral summer, minke whales can
be found circumpolar between 55ºS to the ice edge and into loose pack-ice (Perrin
and Brownell 2002). They occur in highest densities along the edge of the pack
ice, with densities decreasing with distance away from the ice (Kasamatsu et al.
1996). In winter, they travel to breeding areas located in the mid-latitudes (10-
31230ºS) in the Pacific, Indian and Atlantic Oceans (Perrin and Brownell 2002);
although some animals may remain, at least for some time, in pack ice in the
winter months (Thiele and Gill 1999). Antarctic minke whales have also been
caught in temperate and tropical latitudes, and marking data suggests migration
between these latitudes and the sea ice boundary around the Antarctic coastline
(Horwood 1990).
6.4. Antarctic minke whales are considered to feed almost exclusively on
Antarctic krill (Euphausia superba) during the summer months (Kawamura
1994), but are known to feed on ice krill (Euphausia crystallorophias),
particularly in major shallow embayments, and another euphausiid, Thysanoessa
macrura (Bushuev 1986).
6.2. CATCH HISTORY
6.2.1 Commercial whaling history
6.5. Antarctic minke whales were the last species to be targeted by commercial
whaling, after the larger great whales were depleted in the Southern Hemisphere
(Perrin and Brownell 2002); see Figure 2. As Horwood (1990) points out,
Antarctic minke whales were ignored by the whaling industry until they were the
only abundant whale available. Minke whales have been caught predominantly for
direct human consumption as meat rather than for whale oil (Horwood 1990).
6.6. In the mid-1960s, as sei whale catches were diminishing in the mid
latitudes of the Southern Hemisphere, a land-based whaling industry in Brazil
became interested in a nearby concentration of minke whales (Horwood 1990).
The still abundant Antarctic minke whales also gained the attention of whaling
operations in the Southern Ocean in the early 1970s (IWC 1973b, p20; Horwood
1990). Prior to this time, there was both little harvesting and, commensurately,
little regulation by the IWC on Antarctic minke whale take. It was not until the
1972 Annual Meeting that a catch limit of 5,000 for Antarctic minke whales was
adopted into the Schedule for the 1972/73 austral summer season (IWC 1974,
p20). The catch limit applied only to pelagic operations (Horwood 1990).
Although some Antarctic minke whales were caught from land stations, the
majority of the catches have been taken by Antarctic pelagic fleets. The catch
limits and reported catch numbers, are presented in Table 2 and Figure 7.
313Season 1 Management Areas
I II III IV V VI TotalCatch
60º- 0º-60ºW 0º -70ºE 70º-130º130º E- 120º -
120ºW 170ºW 170ºW
1972 No catch 3954
limits
2
1973 No Area restriction 5 000 6 530
2
1974 No Area restriction 5 000 8 646
2
1975 3300 4 140 1 060 7 000 8 153
1976 1 200 2 160 2 400 891 840 600 6 810 6 919
1977 1 062 2 041 3 003 1 600 1 524 402 8 900 8 920
1978 704 1 150 1 826 963 930 688 5 690 5 690
1979 738 1 272 2 510 1 389 563 371 6 221 6 205
1980 1 060 1 370 2 718 2 043 1 454 267 8 102 8 060
1981 910 1 176 1 237 2 386 1 250 467 7 072 6 989
1982 930 1 249 2 198 1 625 1 187 1 387 8 102 8 008
1983 852 656 1 116 1 969 1 896 937 7 072 7 072
1984 624 630 1 416 2 095 1 445 778 6 655 6 653
1985 563 376 844 974 1 013 877 4 224 5 566
1986 00 0 0 0 0 3 4 969
1987 00 0 0 0 0 3469
1
Season year refers to year an austral summer season ended
2Applicable to pelagic operations, south of 40°S, no coastal restrictions
3As with footnote 2 above, but as Japan and USSR lodged objections, these countries were not
bound by the zero catch limits and, bilaterally agreed on a quota of 4,000 each.
Table 2. International Whaling Commission catch limits and actual takes for minke whales
in the Southern Hemisphere. Table structure and catch limits derived from Horwood (1990);
actual takes updated using IWC (2010e).
314outhern Hemisphere minke whales
f
atches o 2000 4000 6000 8000
C
1960 1970 1980 1990 2000 2010
Year
Figure 7. Catch of Southern Hemisphere minke whales from 1957. Grey indicates catches in
all Management Areas; black indicates catches in Management Areas IV and V. Data from
IWC (2010e).
6.7. The introduction of the New Management Procedure (NMP) in 1975 (IWC
1976, p26) coupled with the recognition of a decline in the number of whales
killed relative to effort invested (in Area IV), led to attempts to classify the stocks
under the NMP (Horwood 1990). However, in 1977, results were presented to the
Scientific Committee to suggest that the population of Antarctic minke whales
had been increasing prior to the early 1970s. This meant that the NMP could no
315longer be applied (IWC 1978, p55). 844After this, there were disagreements within
the Scientific Committee as to which Antarctic minke whale abundance and
recruitment rates to use. In the end the Commission accepted a simple calculation
of 3.5% of the current stock size as an appropriate catch limit for the 1977/78
season (IWC 1978, p57).
6.8. A substantial advance in assessment methods occurred after 1980 as
results became available from the first of the IDCR research cruises undertaken in
the Southern Ocean (Horwood 1990). Unfortunately, this new information did not
resolve the issue of the proportion of the stock to recommend as the catch limit
(possible rates ranging from 0.5% through to 7% were suggested), and there was
still the issue as to whether the population of Antarctic minke whales was
increasing prior to exploitation (Horwood 1990).
6.9. Commercial whaling of Antarctic minke whales was banned when IWC
catch limits were set to zero in 1986. After this, both the USSR and Japan
proceeded to take minke whales in the Southern Hemisphere ‘under objection’ to
the moratorium in the 1985/86 and 1986/87 seasons, after which the USSR retired
from whaling in the Southern Hemisphere. In January 1988, Japan commenced
special permit catches under JARPA. By the end of the 2010/11 season the
accumulated take of minke whales in the Southern Hemisphere stood at 123,337
whales (IWC [2010e] and including the catches taken during JARPA II updated to
2010/11).
6.2.2. JARPA / JARPA II catch history
6.10. 6,793 minke whales were killed under JARPA. JARPA II commenced in
the 2005/06 season and continues without any specified end date. It represents a
substantial increase in planned annual catches of minke whales compared to that
in place under JARPA. 3,264 minke whales have been killed under JARPA II to
date. The annual takes of minke whales under JARPA and JARPA II are given in
Table 3.
844The NMP assumes that population abundance does not vary prior to exploitation. The Antarctic
minke whales did not appear to be consistent with this assumption.
316 Season Catch Season Catch
1987/88 273 1999/00 439
1988/89 241 2000/01 440
1989/90 329 2001/02 440
1990/91 327 2002/03 440
1991/92 288 2003/04 440
1992/93 330 2004/05 440
1993/94 330 2005/06 853
1994/95 330 2006/07 505
1995/96 439 2007/08 551
1996/97 440 2008/09 679
1997/98 438 2009/10 506
1998/99 389 2010/11 170
Table 3. Annual take of minke whales from JARPA and JARPA II (shown in bold).
6.3. TOCK STRUCTURE
6.11. Antarctic minke whale stock structure remains highly uncertain. However,
there does seem to be some evidence for at least two stocks of Antarctic minke
whales in the area covered by JARPA (IWC 2006c): an idea dating back to the
late 1970s, when the first assessment for minke whales was completed (see IWC
1982b). There is certainly no evidence that the current IWC Management Areas
provide adequate boundaries for Antarctic minke whale populations (IWC 2006c).
Despite the topic being regularly discussed within the Scientific Committee (see
IWC [1983], p24 for an early example), there has never been compelling evidence
for either abandoning or retaining the six Management Area/stock boundaries (I-
VI).
3176.4. STATUS
6.4.1. Pre-exploitation abundance
6.12. No generally accepted estimate of pre-exploitation abundance exists for
Antarctic minke whales. However, some estimates of Antarctic minke whale
numbers were reported to the Scientific Committee in the early 1970s, i.e., around
the time these stocks were beginning to be exploited. Ohsumi and Masaki (1971),
using Japanese scouting boat 845data (which predated JARPA by some 16 years),
presented a circumpolar abundance estimate as a range of 150,000 to 200,000
animals (no statistical error was reported); Masaki (1973) derived a circumpolar
relative abundance also with a range of 150,000 to 200,000 minke whales (no
statistical error reported), south of 30ºS during the austral summer, using early
abundance estimation theory, as developed by Doi (1974). A revised estimate of
299,000 was presented by Ohsumi and Masaki (1974). Although these estimates
were used to produce the early catch limits for Antarctic minke whales, they were
superseded by developments in whale sighting methodology over the following
decade.
6.13. Genetic methods have been developed to estimate the long-term historical
population size of Antarctic minke whales. Recently Ruegg et al. (2010)
estimated the historical population size of Antarctic minke whales to be 671,000
(374,000 – 1,150,000). However, there is a question of when in history this
population size might have existed.
6.4.2. Current abundance
6.14. The Scientific Committee has considered a number of circumpolar and
Management Area level abundance estimates using IDCR/SOWER data. The last
circumpolar minke whale abundance estimate that the Scientific Committee
endorsed was presented in 1993 using IDCR/SOWER data from surveys up to
1988/89 (Haw 1993); this estimate was of 761,000 (95% CI: 510,000 –
1,140,000).
6.15. Updated estimates derived from IDCR/SOWER data using the ‘standard
method’ were presented in Branch (2006a) who gives the abundance of minke
whales for the three circumpolar surveys in Table 4.
845
Scouting boats, as their name implies, were vessels that ranged widely over the oceans looking
for concentrations of whales. They did not implement designed sightings surveys of the form that
developed later under the IDCR/SOWER programs.
318 Survey series Point estimate 95% Confidence Interval
CP-I 645,000 492000 – 864,000
CP-II 786,000 656,000 – 950,000
CPIII 338,000 290,000 – 397,000
Table 4. IDCR / SOWER minke whale abundance estimates
6.16. The abundance estimates presented by Branch (2006a) may be too low
because the surveys will not have encountered whales in the marginal pack-ice
zone or north of 60ºS and because some minke whales that were potentially
visible will be missed. Furthermore, the abundance estimates produced by Branch
(2006a) have not been accepted by the Scientific Committee due to concerns
about whether the large change in abundance estimates from the late 1980s
through to the 1990s (see Table 4) is due to changes in abundance or in survey
design or analysis methods.
6.17. In addition to the older standard method using IDCR/SOWER data,
circumpolar abundance estimates for Antarctic minke whales using two new
methods are currently being considered by the Scientific Committee. These
methods arose, in part, due to the concerns about some of the known biases in the
standard method. The first of these methods, known informally as the ‘OK
method’, and most recently presented in Okamura and Kitakado (2010), does not
assume that all minke whales that are located on the survey track will be seen, and
makes some other assumptions different from those used by the standard method
(Branch 2006a). The second of these methods, known as SPLINTR (SPatial LINe
TRansect) - and most recently described in Bravington and Hedley (2010) -
explicitly models the spatial distribution of minke whales, their school sizes and
how spatial location will affect sighting conditions. Circumpolar abundance
estimates from both methods are also given in Table 5. Both of these methods
have been before the Scientific Committee for consideration for quite some time.
A great deal of effort has gone into discovering why the OK and SPLINTR
methods yield such contradictory results (detailed in IWC [2010d]). Both methods
seem to be improvements over the standard method and abundance estimates from
either method would probably have been accepted by the Scientific Committee
had they been presented in the absence of the other.
6.18. Even though the abundance estimates derived using the standard,
SPLINTR and OK methods have not been accepted by the Scientific Committee,
they each demonstrate a significant decline in circumpolar minke whale
abundance south of 60ºS between CP-II and CP-III, (Table 5, and see IWC
319 (2010d)); this is despite the fact that the SPLINTR and OK methods account for
biases associated with the standard method. Furthermore, this is contrary to the
assumption that with the relatively low historical and current catch levels (see
Section 6.2) compared to the current abundance estimate(s), the total population
would be stable or increasing. There has been considerable debate as to whether
this decrease in abundance (whichever method is used) is a real phenomenon or an
artefact of changes in survey design and coverage (Branch 2007b). Absent any
generally recognised reasons to suppose that there has been such a substantial
decline in abundance, the two likely explanations are that there has been a change
in the probability of seeing any given whale, or that there has been a substantial
increase in the number of minke whales moving inside pack-ice during the
summer months. A number of research programs are currently underway,
including a study of historical and current summer sea ice extents (Murase 2010)
and aerial surveys within the marginal pack-ice zone (Scheidat et al. 2007; Kock
et al. 2009; Kelly et al. 2010).
Estimation method CP-I (1978/79 – CP-II (1985/86 – CP-III (1992/93 –
1983/84) 1990/91) 2003/04)
Standard (Branch 2006a) 645 000 (0.143) 786 000 (0.094) 338 000 (0.080)
SPLINTR (Bravington -* 747 000 (0.19) # 382 000 (0.17)#
and Hedley 2010)
*
OK (Okamura and - 1 486 000 (0.17) 712 000 (0.17)
Kitakado 2010)
*Due to large changes in methodology between CPI and CPII, neither Bravington and Hedley (2010) nor Okamura and
Kitakado (2010) attempted to estimate minke whale abundance from CPI data.
#The CVs reported here (taken from IWC (2010d)) are much wider than those reported in Bravington and Hedley (2010).
Between preparation of Bravington and Hedley (2010) and of IWC (2010d) the authors included additional variance to
account for changes in minke whale distribution from year to year.
Table 5. Circumpolar abundance estimates, south of 60ºS, for Antarctic minke whales, by
IDCR/SOWER survey (CPI-CPIII), for each of the three estimation methods discussed;
coefficients of variation in brackets.
3206.5. M ANAGEMENT
6.19. Antarctic minke whales are not classified under the NMP. Because the
NMP was not considered applicable, catch limits were set using an ad hoc
procedure based on estimates of the number of whales that could be taken without
changing the population size. However, these estimates were uncertain, and the
Scientific Committee was usually only able to forward a wide range of estimates
to the Commission. Catch limits for minke whales were set to zero from 1986/87.
Simulation trials on the application of the Revised Management Procedure to
Antarctic minke whales were completed in 1993.
6.6. GENERAL ISSUES /STATUS
6.20. National and international status:
The circumpolar population of Antarctic minke whales is currently listed
as Data Deficient by the IUCN (Reilly 2008a). Species would be reclassed
as Least Concern if the population decreases noted in Section 6.4 are
proven to be an artefact of population sampling; but, would be reclassed as
Endangered if this decrease is real (Reilly 2008a).
Antarctic minke whales are listed under Appendix 1 of CITES.
321 7. S UMMARY AND C ONCLUSIONS
7.1. Blue whales were almost rendered extinct in the Antarctic. Commercial
whaling took almost 350,000 whales and reduced their abundance to less than 1%
of the original population. Although there are signs of population growth the
number of blue whales is still very low (somewhere around two thousand whales).
7.2. Fin whales were the most important commercial species after the decline
of blue whale abundance. Over 700,000 fin whales were taken in the Southern
Hemisphere. The population status of fin whales is not known very precisely, but
their population is likely to have been reduced by commercial whaling to less than
a few percent of its original size. Estimates of recent abundance are in order of
5000-8000 whales, although some whales in more northerly waters will not have
been counted.
7.3. Humpback whales were early targets of commercial whaling and were
exploited on their feeding grounds in the Antarctic and on their coastal migration
routes and breeding grounds. They were the target of large scale illegal Soviet
whaling after they were ostensibly protected by the IWC in 1963. Approximately
220,000 Antarctic humpback whales were taken. Although probably depleted by
commercial whaling to a few percent of their original abundance, a number of
stocks appear to be recovering. The status of some small breeding populations
around several Pacific Islands is uncertain.
7.4. Minke whales were virtually ignored by the whaling industry until the
1970s, after which they became the most numerically important species in the
commercial catches until the ‘moratorium’ took effect in1986/87. Although over
100,000 minke whales were taken by commercial whaling operations, the IWC’s
‘moratorium’ decision limited the decline in the stocks. Estimates of current
abundance are unclear. Different procedures for the analysis of abundance
estimates also produce substantially different results. Estimates range from around
300,000 whales to more than 700,000 whales. The causes of the differences are
yet to be identified. The most recent IDCR/SOWER survey estimates are
significantly lower than those from earlier surveys. The reason for the estimated
drop in abundance is unknown. Just over 10,000 whales have been taken to date
by Japan under special permit.
322 R EFERENCES
Aguilar, A. 2008. Fin whale. Encyclopaedia of Marine Mammals, Second Ed.: pp. 433-437.
Ainley, D. G., Dugger, K. M., Toniolo, V. and Gaffney, I. 2007. Cetacean occurrence patterns in
the Amundsen and southern Bellingshausen sea sector, Southern Ocean. Marine Mammal Science
23(2): 287-305.
Allen, K.R. 1977. Updated estimates of fin whale stocks. Rep. int. Whal. Commn 27: 221.
Allison, C. 2006. Creation of the S. Hemisphere humpback catch series, Paper SC/A06/HW47,
Presented to the IWC Scientific Committee, Hobart, April 2006.
Anderson, M., Steel, D., Franklin, W., Franklin, T., Paton D., Burns, D., Harrison, P., Baverstock,
P. R., Garrigue C., Olavarria C., Poole M., Hauser N., Constantine, R., Thiele, D., Clapham, P.,
Donoghue, M. and Baker, C. S. 2010. Microsatellite genotype matches of eastern Australian
humpback whales to Area V feeding and breeding grounds, Paper SC/62/SH7, presented to the
IWC Scientific Committee, 2010, (unpublished).
Andriolo, A., Kinas, P.G., Engel, M.H., Albuquerque Martins, C.C. 2006. Monitoring humpback
whale population in the Brazilian breeding ground,2002 to 2005, Paper SC/58/SH15, presented to
the IWC Scientific Committee, 2006,(unpublished).
Angot, M. 1951. Rapport scientifique sur les expeditions baleinieres autour de Madagascar
(saisons 1949 et 1950). Mémoires de l'Instutut Scientifique de Madagascar, Séries A): 441-
486.
Baker, C. S., Flórez-González, L., Abernethy, B., Rosenbaum, H.C., Slade, R.W., Capella, J. and
Bannister, J.L. 1998. Mitochondrial DNA variation and material gene flow among Humpback
whales of the Southern hemisphere. Marine Mammal Science 14: 721-737.
Baker, C. S., Garrigue, C., Rochelle, C., Madon, B., Poole, M., Hauser, N., Clapham, P.,
Donoghue, M., Russel, K., O'Callahan, T., Paton, D. and Mattila, D. 2006. Abundance of
humpbacks in Oceania (South Pacific) 1999 to 2004, Paper SC/A06/HW51, presented to the IWC
Scientific Committee (unpublished).
Baker, C. S., Palumbi, S.R., Lambertsen, R.H.,Weinrich, M.T., Calambokidis, J. and O'Brien,
S.J. 1990. Influence of seasonal migration on the distribution of mitochondrial DNA haplotypes in
humpback whales. Nature 344: 238-240.
Bannister, J.L. 2008. Great Whales. Melbourne, CSIRO Publishing.
Bannister, J. L., and Hedley, L. A. 2001. Southern Hemisphere Group IV humpback whales: their
status from recent aerial survey. Memoirs of the Queensland Museum 47(2): 587-598.
Barthelmess, K., Kock, K.-H., Reupke, E. 1997. Validation of catch data of the Olympic
Challenger's whaling operations from 1950/51 to 1955/56. Rep. int. Whal. Commn 47:937-40.
Borchers, D. L., Buckland, S. T., Goedhart, P. W., Clarke, E. D. and Hedley, S. L. 1998. Horvitz-
Thompson estimators for double-platform line transect surveys. Biometrics54(4): 1221-1237.
Branch, T. A. 2006a. Abundance estimates for Antarctic minke whales from three completed
circumpolar sets of surveys, 1978/79 to 2003/04, Paper SC/58/IA18, presented to the IWC
Scientific Committee, 28pp (unpublished).
323Branch, T. A. 2006b. Humpbackwhale abundance south of 60°S from three complete circumpolar
sets of surveys, Paper SC/A06/HW6, presented to the IWC Scientific Committee, Hobart, April
2006 (unpublished).
Branch, T. A. 2007a. Abundance of Antarctic blue whales south of 60°S from three complete
circumpolar sets of surveys, Paper SC/59/SH9, presented to the IWC Scientific Committee, 2007,
17 (unpublished).
Branch, T. A. 2007b. Possible reasons for the appreciable decrease in abundance estimates for
Antarctic minke whales from the IDCR/SOWER surveys between the second and third
circumpolar sets of cruises, Paper SC/58/IA4, presented to the IWC Scientific Committee, 9 pp
(unpublished).
Branch, T. A. 2008a. Abundance of Antarctic blue whales south of 60°S from three complete
circumpolar sets of surveys. J. Cetacean Res. Manage. 9: 87-96.
Branch, T. A. 2008b. Current status of Antarctic blue whales based on Bayesian modeling. , Paper
SC/60/SH7, presented to the IWC Scientific Committee, 2008,10 (unpublished).
Branch, T. A. (In Press). Humpback whale abundance south of 60°S from three complete
circumpolar sets of surveys. J.Cetacean Res. Manage. (Special Issue).
Branch, T. A., Allison, C., Mikhalev, Y.A., Tormosov, D., and Brownell Jr, R.L. 2008c. Historical
catch series for Antarctic and pygmy blue whales, Paper SC/60/SH9, presented to the IWC
Scientific Committee, 2008, 11 (unpublished).
Branch, T. A. and Butterworth, D. S. 2001. Estimates of abundance south of 60S for cetacean
species sighted frequently on the 1978/79 to 1997/98 IWC/IDCR-SOWER sighting surveys.
Journal of Cetacean Research and Management 3: 251-270.
Branch, T. A., Matsuoka, K., and Miyashita, T. 2004. Evidence for increases in Antarctic Blue
whales based on Bayesian modelling. Marine Mammal Science 20(4): 726-754.
Branch, T. A., Stafford, K. M., Palacios, D. M.,Allison, C., Bannister , J. L., Burton, C. L. K.,
Cabrera, E., Carlson, C. A., Galletti vernazzani, B., Gill, P. C., Hucke, R., Jenner, K. C. S., Jenner,
M.-N. M., Matsuoka, K., Mikhalev, Y. A., Miyashita, T., Morrice, M. G., Nishiwaki, S., Sturrock,
V. J., Tormosov, D., Anderson , R. C., Baker, A. N., Best, P. B., Borsa, P., Brownell JR, R.
L., Childerhouse, S., Findlay, K. P., Gerrodette, T., Ilangakoon, A. D., Joergensen, M., Kahn, B.,
Ljungblad, D. K., Maughan, B., Mccauley, R. D., Mckay, S., Norris, T. F., Group, O. w. a. D. R.,
Rankin, S., Samaran, F., Thiele, D., Van Waerebeek, K., and and Warneke, R. M. 2007. Past and
present distribution, densities and movements of blue whales Balaenoptera musculus in the
Southern Hemisphere and northern Indian Ocean. Mammal Review 37(2): 116-175.
Bravington, M. V. and Hedley, S. L. 2010. Antarctic minke whale abundance from the SPLINTR
model: some 'reference' dataset results and 'preferred' estimates from the second and third
circumpolar IDCR/SOWER surveys, Paper SC/62/IA12rev, presented to the IWC Scientific
Committee, June 2010, 15 pp (unpublished).
Breiwick, J. M. 1977. Analysis of the Antarcticfin whale stock in Area I. Rep. int. Whal. Commn
27: 124-127.
Brown, M. R., Corkeron, P.J., Hale, P.T., Schultz, K.W., Bryden, M.M. 1995. Evidence for a Sex-
Segregated Migration in the Humpback Whale (Megaptera novaeangliae). Proceedings of the
Royal Society of London, B 259(1355): 229-234.
Brownell, R. L., Yablokov, A. V. 2002. Illegal and pirate whaling.In Encyclopedia of Marine
Mammals. W. F. Perrin, Würsig, B., and Thewissen, J.G.M.,. Burlington, MA, Elsevier: 608-612.
324Buckland, S. T., Anderson, D. R., Burnham, K. P. and Laake, J. L. 1993. Distance Sampling:
Estimating Abundance of Biological Populations. London, Chapman and Hall: 446pp.
Burns, D. 2010. Population characteristics and migratory movements of humpback whales
(Megaptera novaeangliae) identified on their southern migration past Ballina, eastern Australia.
Lismore, Southern Cross University. PhD.
Bushuev, S. G. 1986. Feeding of minke whales, Baleanoptera acutorostrata, in the Antarctic. Rep
int Whal Commn 36:241-5.
Chapman, D. G. 1964.Special Committee of Three Scientists Final Report. Rep. int. Whal.
Commn. . 14: 39-92.
Chapman, D. G. 1974. Status of Antarctic rorqual stocks. In The Whale Problem: A Status Report.
W. E. Schevill, G. C. Ray and K. S. Norris (eds). Cambridge, Massachusetts, Harvard University
Press Chapman, D.G. 1976. Estimates of stocks (original, current, MSY level and MSY) (in
thousands). Rep. int. Whal. Commn 26: 230-234.
Childerhouse, S., Jackson, J., Baker, C.S., Gales, N., Clapham, P., and Brownell, Jr. R.L. 2008.
Megaptera novaeangliae (Oceania subpopulation). IUCN 2010. IUCN Red List of Threatened
Species. Version 2010. Volume 1
Chittleborough, R. G. 1958. The breeding cycle of the female humpback whale,Megaptera
nodosa (Bommaterre)" Australian Journal of Marine and Freshwater Research 9: 1-18.
Chittleborough, R. G. 1959. Australian marking of humpback whales. Norsk Hvalfangst-Tidende
48: 47-55.
Chittleborough, R. G. 1965. Dynamics of two populations of the humpback whaleMegaptera
novaeangliae (Borowski). Australian Journal of Marine and Freshwater Research 16: 33-128.
Clapham, P., Mikhalev, Y.A., Franklin, W., Paton, D., Baker, C.S., Ivashchenko, Y.V., and
Brownell Jr, R.L. 2009. Catches of Humpback Whales,Megaptera novaeangliae, by the Soviet
Union and Other Nations in the Southern Ocean. Marine Fisheries Review 71: 39-4.
Clapham, P. J. 1992. The attainment of sexual maturity in humpback whales. Canadian Journal of
Zoology 70: 1470-1472.
Clapham, P. J. 1996. The social and reproductive biology of Humpback Whales: an ecological
perspective. Mammal Review 26(1): 27-49.
Clapham, P. J., (Ed.) 2000. The humpback whale. Cetacean Societies. Chicago, Ill, University of
Chicago Press.
Clapham, P. J. 2008. Humpback whale. Encyclopedia of Marine Mammals. W. F. Perrin, Würsig,
B., and Thewissen, J.G.M.,. Burlington, MA, Elsevier: 589-592.
Clapham, P. J., and Mead, J.G. 1999. Megaptera novaeangliae. Mammalian Species 604: 1-9.
Clapham, P. J., Garrigue, C., Hauser, N., Geyer, Y., and Zerbini, A.N. 2008. Movements of
satellite-monitored humpback whales from New Caledonia and the Cook Islands, Paper
SC/60/SH34, presented to the IWC Scientific Committee, 2008,(unpublished).
Collins, T., Cerchio, S., Pomilla, C., Loo, J., Carvalho, I., Ngoussono, S. and Rosenbaum, H.C.
2008. Revised estimates for humpback whale breeding stock B1: Gabon., Paper SC/60/SH28,
presented to the IWC Scientific Committee, 2008,(unpublished).
Constantine, R., Garrigue, C., Steel, D., Jackson, J., Burns, D., Clapham, P., Hauser, N., Mattila,
D., Oremus, M., Poole, M. Robbins, J. Thompson, K. and Baker, C.S. 2010. Abundance of
325humpback whales in Oceania based on fluke photo-identification and DNA profiling, Paper
SC/62/SH18, presented to the IWC Scientific Committee, 2010,(unpublished).
Dalla Rosa, L., Secchi, E.R., Maia, Y.G., Zerbini, A.N. and Heide-Jorgensen, M.P. 2008.
Movements of satellite-monitored humpback whaleson their feeding ground along the Antarctic
Peninsula. Polar Biology 31: 771-781.
Dawbin, W. H. 1959. New Zealand and South Pacific whale marking and recoveries to the end of
1958. Norsk Hvalfangst-Tidende 48: 213-238.
Dawbin, W. H., Ed. 1966. The seasonal migratory cycle of humpback whales. Whales, Dolphins
and Porpoises. Berkeley, University of California Press.
de la Mare, W. K. 1986. Fitting population models to time series of abundance data. Rep. int.
Whal. Commn. . 36: 399–418.
de la Mare, W. K. and Cooke, J. G. 1993a. HITFIT: a program for fitting whale population models
to relative and absolute abundance data. International Whaling Commission Technical Report.
IWC, Cambridge.
de la Mare, W. K. and Cooke, J. G. 1993b. Baleen II: The population model used in the
Hitter/Fitter programs. International Whaling Commission Technical Report. IWC, Cambridge.
de la Mare, W. K. 1997. Abrupt mid-twentieth-century decline in Antarctic sea-ice extent from
whaling records. Nature 389: 57-60.
DEWHA. 2010. Protected Matters Search Tool (protected under the Environment Protection and
Biodiversity Conservation Act 1999). from
http://www.environment.gov.au/erin/ert/epbc/index.html.
Doi, T. 1974. Further development of whale sighting theory. In The Whale Problem: A Status
Report. W. E. Schevill, G. C. Ray and K. S. Norris (eds). Cambridge, Massachusetts, Harvard
University Press: pp 359-368.
Donovan, G. P. 1991. A review of IWC stock boundaries. Rep. int. Whal. Commn. . 13: 39-68.
Félix, F., Castro, C., Laake,.J.L., Haase, B. and Scheidert, M. (In Press). Abundance and survival
estimates of the Southeastern Pacific humpback whale stock from 1991-2006 photo-identification
surveys in Ecuador. J.Cetacean Res. Manage. (Special Issue) .
Findlay, K., Meyer, M, Elwen, S., Kotze, D., Johnson, R., Truter, P., Uamusse, C., Sitoe, S.,
Wilke, C., Kerwath, and S., S., S., Stavarees, L. and van der Westhuizen, J.. 2003. Distribution and
abundance of humpback whales, Megaptera novaeangliae, off the coast of Mozambique, 2003.
Paper SC/56/SH12, presented to the IWC Scientific Committee, 2003,39 (unpublished).
Findlay, K., Meyer, M, Elwen, S., Kotze, D., Johnson, R., Truter, P., Uamusse, C., Sitoe, S.,
Wilke, C., Kerwath, and S., S., S., Stavarees, L. and van der Westhuizen, J.. (In Press).
Distribution and abundanceof humpback whales, Megaptera novaeangliae, off the coast of
Mozambique, 2004. J. Cetacean Res. Manage. (Special Issue).
Gales, N., Double, M.C., Robinson, S., Jenner, C., Jenner, M., King, E. Gedamke, J.,
Childerhouse, S., and Paton,D. 2010. Satellite tracking of Australian humpback (Megaptera
novaeangliae) and pygmy blue whales (Balaenoptera musculus brevicauda), Paper SC/62/SH21,
presented to the IWC Scientific Committee, 2010,9 (unpublished).
Gales, N., Double, M.C., Robinson, S., Jenner, C., Jenner, M., King, E., Gedamke, J., Paton, D.
and Raymond, B. 2009. Satellite tracking of southbound East Australian humpback whales
326(Megaptera novaeangliae): challenging the feast or famine model for migrating whales, Paper
SC/61/SH17, presented to the IWC Scientific Committee, 2009,(unpublished).
Garrigue, C., Franklin, T., Russell, K., Burns, D., Poole, M., Paton, D., Hauser, N., Oremus, M.,
Constantine, R., Childerhouse, S., Mattila, D., and Gibb, s. N., Franklin, W., Robbins, J., Clapham,
P., and Baker, C.S. 2007. First assessment of interchange of humpback whales between Oceania
and the east coast of Australia, Paper SC/59/SH15, presented to the IWC Scientific Committee,
2007, (unpublished).
Garrigue, C., Olavarria, C., C. Baker, C.S., Steel, D., Dodemont,R., Constantine, R. and Russell, K
2006. Demographic and genetic isolation of New Caledonia (E2) and Tonga (E3) breeding stocks.
, Paper SC/A06/HW19, presented to the IWC southern hemisphere humpback workshop, Hobart,
April 2006 (unpublished).
Government of Japan. 2005. Plan for the Second Phase of the Japanese Whale Research Program
under Special Permit in the Antarctic (JARPA II) - Monitoring of the Antarctic Ecosystem and
Development of New Management Objectives for Whale resources, Paper SC/57/O1, presented to
the IWC Scientific Committee, 24pp (unpublished).
Hedley, S. L., Bannister, J.L. and Dunlop, R.A. 2008. Group IV Humpback whales: Abundance
estimates from aerial and land-based surveys off Shark Bay, Western Australia, Paper
SC/61/SH23, presented to the IWC Scientific Committee, 2008,(unpublished).
Haw, M. D. 1993. Report of the sub-committee on Southern Hemisphere baleen whales, Appendix
6. Corrections to estimates of abundance of Southern Hemisphere minke whales obtained from
IWC/IDCR data. Report of the International Whaling Commission 43: 114.
Holt, S. J. 2001. Sharing the catches of whales in the Southern Hemisphere. In Case Studies On
The Allocation of Transferable Quota Rights in Fisheries. R. Shotton (ed). Rome, FAO. FAO
Fisheries Techical Paper 411: 322-373.
Horwood, J. 1990. Biology and Exploitation of the Minke Whale. Boca Raton, CRC Press.
International Whaling Commission. 1946. International Convention for the Regulation of Whaling,
1946 Schedule.
International Whaling Commission. 1973a. Report ofthe Scientific Committee. Rep. int. Whal.
Commn 23: pp 28-238.
International Whaling Commission. 1973b. Twenty-third report of the Commission. Rep. int.
Whal. Commn 23: pp 6-27.
International Whaling Commission. 1974. Chairman's Report of the Twenty-fourth Meeting. Rep.
int. Whal. Commn 24: pp 20-36.
International Whaling Commission. 1975. Report of the Scientific Committee. Rep. int. Whal.
Commn 25: pp 62-77.
International Whaling Commission. 1976. Chairman's Report of the Twenty-Sixth Meeting. Rep.
int. Whal. Commn 26: pp 24-40.
International Whaling Commission. 1977. Report of the Twenty-Seventh Meeting. Rep. int. Whal.
Commn 27: pp 16-21.
International Whaling Commission. 1978. Report of the Scientific Committee. Rep. int. Whal.
Commn 28: pp 38-76.
International Whaling Commission. 1980. Report of the Scientific Committee. Rep. int. Whal.
Commn 32: 43-63.
327International Whaling Commission..1982a. Chairman's Report of the Thirty-Third Annual
Meeting. Rep. int. Whal. Commn 32: pp 17-42.
International Whaling Commission. 1982b. Report of the Special Meeting on Southern
Hemisphere Minke Whales. Rep. int. Whal. Commn 32: pp 679-744.
International Whaling Commission. 1983. Chairman's Report of the Thirty-Fourth Annual
Meeting. Rep. int. Whal. Commn33: pp 20-42.
International Whaling Commission. 1991. Report of the Scientific Committee. Annex E: Report of
the sub-committee on Southern Hemisphere whales. Rep. int. Whal. Commn 41: pp 113-131.
International Whaling Commission. 1994. Report of the Scientific Committee (Annex H): the
revised management procedure (RMP for baleen whales. Rep. int. Whal. Commn 44:145-52.
International Whaling Commission. 1996. Annex E Report of the Sub-Committee on Southern
Hemisphere Baleen Whales. Rep. int. Whal. Commn 46: 117-138.
International Whaling Commission. 1998. Report of the Scientific Committee. Rep. int. Whal.
Commn 48: 53-127.
International Whaling Commission. 2001. Report of the Scientific Committee. Journal of Cetacean
Research and Management 3 (Suppl.): 1-89.
International Whaling Commission. 2004. Editorial. Journal of Cetacean Research and
Management. 6(2): iii–ix.
International Whaling Commission. 2005. Report of the Scientific Committee , Journal of
Cetacean Research and Management 6 (Suppl.).: 245-71.
International Whaling Commission. 2006a. Intersessional workshop for the Comprehensive
Assessment of southern hemisphere humpback whales. Paper SC/58/Rep5, presented to the IWC
Scientific Committee.
International Whaling Commission. 2006b. The IWC Summary Catch Database.
International Whaling Commission. 2006c. Report ofthe Intersessional Workshop to Review Data
and results from special permit research on minke whales in the Antarctic, Tokyo 4-8 December
2006, Paper SC/59/REP1, presented to the IWC Scientific Committee, pp. 48 (unpublished).
International Whaling Commission. 2008. Report of the Scientific Committee, Journal of Cetacean
Research and Management 9 (Suppl.):1-74.
International Whaling Commission. 2009a. Report of the Scientific Committee Journal of
Cetacean Research and Management 10 (Suppl.).
International Whaling Commission. 2009b. Annex G - Report of the Sub-committee on In-Depth
Assessments (IA). Journal of Cetacean Research and Management 10 (Suppl.).
International Whaling Commission. 2010a. Report of the Scientific Assessment Group, Paper
IWC/M10/SWG6, presented to the IWC Scientific Committee, 14pp (unpublished).
International Whaling Commission. 2010b. Report of the Scientific Committee, Paper
IWC/62/Rep 1, presented to the IWC Scientific Committee, 91pp (unpublished).
International Whaling Commission. 2010c. Reportof the Scientific Committee 61. Journal of
Cetacean Research and Management (Suppl.) (In press).
International Whaling Commission. 2010d. Report of the Sub-committee on In-Depth
Assessments (Annex G to Paper IWC/62/Rep 1).
328International Whaling Commission. 2010e. The IWC Summary Catch Database.
International Whaling Commission. 2011. Report of the Scientific Committee 62. Journal of
Cetacean Research and Management (Suppl.) (In press).
Jackson, J. A., Zerbini, A., Clapham, P., Garrigue, C., Hauser, N., Poole, M.M., Baker, C.S. 2006.
A Bayesian assessment of humpback whales on breeding grounds of eastern Australia and Oceania
(IWC Stocks E1, E2, E3 and F), Paper SC/A06/HW52., Presented to the IWC southern hemisphere
humpback workshop, Hobart, April 2006 (unpublished).
Johnson, J. H., and Wolman, A.A. 1984. The humpback whale, Megaptera novaeangliae. Marine
Fisheries Review 46: 30-37.
Johnston, S. J., and Butterworth, D.S. 2002. An assessment of the west and east Australian
breeding stocks of Southern Hemisphere humpback whales using a model that allows for mixing
in the feeding grounds, Paper SC/54/H17, presented to the IWC Scientific Committee, 2002,27
(unpublished).
Johnston, S. J., and Butterworth, D.S. 2006. Updated assessments of Southern Hemisphere
humpback whales from breeding stocks D and G, Paper SC/58/SH23, presented to the IWC
Scientific Committee, 2006, 21 (unpublished).
Kasamatsu F, Joyce GG, Ensor P. and Mermoz J. 1996. Current occurrence of baleen whales in
Antarctic waters. Rep. int. Whal. Commn 46:293-304.
Kawamura, A. 1994. A review of baleen whale feeding in the Southern Ocean. Rep. int. Whal.
Commn 44: 261-271.
Kelly, N., Peel, D., Bravington, M. V. and Gales, N. 2010. Aerial survey of minke whales off East
Antarctica: Report on 2009/10 Survey, Paper SC/62/IA8, presented to the IWC Scientific
Committee, 24 pp (unpublished).
Knox, G. A. 1970. Antarctic marine ecosystems.In Holdgate, M. W. (ed). Antarctic Ecology.
Academic Press London. Vol 1:69-96
Kock, K. H., Scheidat, M., Boebel, O., Bräger, S., Herr, H., Lehnert, K., Lehnert, L. S., Verdaat,
H. and Williams, R. 2009. The occurrence of cetaceans along two transects from 57°S to Atka Bay
(70°29.6`S/ 07°57.6`W). Paper SC/61/IA11, Presented to the Scientific Committee of the
International Whaling Commission, Madeira, Portugal (unpublished).
Lagerquist, B. A., Mate, B.R., Ortega-Ortiz, J.G., Winsor, M. and Urbán-Ramirez, J. 2008.
Migratory movements and surfacing rates of humpback whales (Megaptera novaeangliae) satellite
tagged at Socorro Island, Mexico. Marine Mammal Science 24: 815-830.
Leaper, R., Bannister, J.L, Branch, T.A.., Clapham, P.J., Donovan, G.P., Matsuoka, K., Reilly, S.,
and Zerbini, A. 2008. A review of abundance, trends and foraging parameters of baleen whales in
the Southern Ocean. Paper SC/60/EM3 presented to the IWC Scientific Committee, June 2008,
Santiago, Chile (unpublished). 29pp.
Leaper, R., Peel, S., Peel, D., and Gales, N. (In Press). Exploring the assumption of multi-stock
assessment models for humpback whales (Megaptera novaeangliae) in the Southern Hemisphere:
using breeding stocks D and E as an example. J. Cetacean Res. Manage (Special Issue 3) .
Mackintosh, N. A. 1942. The southern stocks of whalebone whales. Discovery Reports. 22: 197-
300.
Mackintosh, N. A., Ed. 1966. Distribution of southern blue and fin whales. Whales, Dolphins, and
Porpoises. Berkeley, CA, University of California Press.
329Masaki, Y. 1973. Annex N of the Science Committee Report: Estimation of abundance of whales
by means of whale sighting in the Antarctic. Rep. int. Whal. Commn 23:155-163.
Mori, M., and Butterworth, D.S. 2006. A first step towards modelling the Krill-predator dynamics
of the Antarctic ecosystem. CCAMLR Science 13:217-277.
Müller, A., Butterworth, D.S., and Johnston, S.J. 2010. Preliminary results for a combined
assessment of all seven Southern Hemisphere humpback whale breeding stocks, Paper
SC/62/SH33, presented to the IWC Scientific Committee, 2010,(unpublished).
Murase, H. 2010. January sea ice trends during the period of three IWC IDCR/SOWER
circumpolar surveys (1978-2004), Paper SC/62/IA4, presented to the IWC Scientific Committee,
35pp (unpublished).
Nishiwaki, S., Ogawa, T., Bando, T., Isoda, T., Wada, A., Kumagai, S.,Yoshida, T., Nakai, K.,
Kobayashi, T., Koinuma, A., Mori, M., Yoshimura, I., Ohshima, T., Takamatsu, T., Konagai, S.,
Aki, M. and Tamura, T. 2010. Cruise report of the Japanese Whale Research Program under
Special Permit in the Antarctic - second phase (JARPA II) in 2009/10. Paper SC/62/O3 presented
to the IWC Scientific Committee, June 2010, Agadir, Morocco (unpublished). 13pp..
Noad, M., Cato, D.H., Paton, D. 2006. Absolute and relative abundance estimates of Australian
east coast humpback whales, Paper SC/A06/HW27, Presented to the IWC southern hemisphere
humpback workshop, Hobart, April 2006 (unpublished).
Noad, M. J., Dunlop, R.A., Paton, D., and Cato, D.H. 2008. An update of the east Australian
humpback whale population (E1) rate of increase, Paper SC/60/SH31, presented to the IWC
Scientific Committee, 2008, (unpublished).
Ohsumi, S. and Masaki, Y. 1971. Revised estimates of population size and MSY of the Antarctic
minke whale, Paper SC/23/4, presented to the IWC Scientific Committee, 7pp (unpublished).
Ohsumi, S. and Masaki, Y. 1974. Annex M of the Report of the Scientific Committee: Status of
whale stocks in the Antarctic, 1972/73. Rep. int. Whal. Commn 24:102-113.
Okamura, H. and Kitakado, T. 2010. Abundanceestimates of Antarctic minke whales from the
historical IDCR/SOWER survey data using the OK method, Paper SC/62/IA3, presented to the
IWC Scientific Committee, 35pp (unpublished).
Olavarría, C., Anderson, M., Paton, D., Burns, D., Brasseur, M., Garrigue, C., Hauser, N., Poole,
M., Caballero, S., Flórez-González, L. and Baker, C.S. 2006. Eastern Australia humpback whale
genetic diversity and their relationship with Breeding Stocks D, E, F and G. , Paper SC/58/SH25,
presented to the IWC Scientific Committee, 2006,(unpublished).
Olavarría, C., Baker, C.S., Garrigue, C., Poole, M., Hauser, N., Caballero, S., Flórez-González, L.,
Brasseur, M., Bannister, J., Capella, J., Clapham, P., Dodemont, R., Donoghue, M., Jenner, C.,
Jenner, M., Moro, D., Oremus, M., Paton, D. and Russell, K. 2007. Population structure of
humpback whales throughout the South Pacific and the origins of the eastern Polynesian breeding
grounds. Marine Ecology - Progress Series 330: 257-268.
Palsbøll, P. J., Allen, J., Bérubé, M., Clapham, P.J., Feddersem, T.P., Hammond, P., Jorgensen, H.,
Katona, S., Larsen, A.H., Larsen, F., Lien, J., Mattila, D.K., Sigurjónsson, J., Sears, R., Smith, T.,
Sponer, R., Stevick, P., and Øien, N. 199). Genetic tagging of humpback whales. Nature 388: 767-
769.
Paterson, R., and Paterson, P. 1984. A study of the past and present status of humpback whales in
East Australian waters. Biological Conservation 29: 321-343.
330Paton, D. and Clapham, P. J. 2006. An assessment of Southern Hemisphere humpback whale
population structure and migratory interchange based on Discovery mark data, Paper
SC/A06/HW33, presented to the IntersessionalWorkshop for the Comprehensive Assessment of
Southern Hemisphere humpback whales (unpublished).
Perrin, W. F. and Brownell, R. L. 2002. Minke whales. Encyclopedia of Marine Mammals . W. F.
Perrin, B. Wursig and G. G. M. Thewissen. New York, Academic Press: pp. 750-754.
Punt, A. E. 1999. A full description of the standard BALEEN II model and some variants thereof.
Journal of Cetacean Research and Management, (Suppl.) 1: 267–276.
Rademeyer, R. A., Brandão, A., Mori, M. and Butterworth, D.S 2003. Trends in Antarctic blue
whale populations taking account of area effects, Paper SC/55/SH20, presented to the IWC
Scientific Committee, 2003, 10 (unpublished).
Raftery, A. E., Givens G,H., and Zeh, J.E. 1995. Inference from a deterministic population
dynamics model for Bowheads. Journal of the American Statistical Association90: 402–416.
Rayner, G. W. 1940. Whale marking: progress and results to December 1939. Discovery Rep. 17:
245-84.
Reilly, S. B., Bannister, J.L., Best, P.B., Brown, M., Brownell Jr., R.L., Butterworth, D.S.,
Clapham, P.J., Cooke, J., Donovan, G.P., Urbán, J. & Zerbini, A.N. 2008a. Megaptera
novaeangliae. IUCN 2010. IUCN Red List of Threatened Species. Version 2010.2.
Reilly, S. B., Bannister, J.L., Best, P.B., Brown, M., Brownell Jr., R.L., Butterworth, D.S.,
Clapham, P.J., Cooke, J., Donovan, G.P., Urbán, J. and Zerbini, A.N. 2008b. Balaenoptera
musculus ssp. intermedia. IUCN 2010. IUCN Red List of Threatened Species. Version 2010.2
Reilly, S. B., Bannister, J.L., Best, P.B., Brown, M., Brownell Jr., R.L., Butterworth, D.S.,
Clapham, P.J., Cooke, J., Donovan, G.P., Urbán, J. & Zerbini, A.N. 2008c. Balaenoptera physalus.
IUCN 2010. IUCN Red List of Threatened Species. Version 2010.2
Ruegg, K. C., Anderson, E. C., Baker, C. S., Vant, M., Jackson, J. A. and Palumbi, S. R. 2010. Are
Antarctic minke whales unusually abundant because of 20th century whaling? Molecular Ecology
19(2): 281-291.
Scheidat, M., Kock, K. H., Friedlaender, A., Lehnert, L. S. and Williams, R. 2007. Using
helicopters to survey Antarctic minke whale abundance in the ice, Paper SC/59/IA20, presented to
the IWC Scientific Committee, 10pp (unpublished).
Sears, R., and Perrin, W.F. 2008. BlueWhale. Encyclopedia of Marine Mammals. W. F. Perrin,
Würsig, B., and Thewissen, J.G.M. (eds). Burlington, MA, Elsevier.
Small, G. L. 1971. The blue whale. New York, Columbia Univ. Press.
Smith, T.D, Josephson, E., Reeves, R.R. 2006. 19th Century Southern Hemisphere humpback
whale catches. Paper SC/A06/HW53 presented to the Workshop on the Comprehensive
Assessment of Southern Hemisphere humpback whales, 4-7 April 2006, Hobart, Tasmania. 10pp
(unpublished).
Thiele, D. and Gill, P. C. 1999. Cetacean observations during a winter voyage into Antarctic sea
ice south of Australia. Antarctic Science11: 48-53.
Tønnessen, J. N. and Johnsen, A. O. 1982. The history of modern whaling. Australian National
University Press, Canberra. 798pp.
331Wade, P. R. 2002. A Bayesian stock assessment of the eastern Pacific gray whale using abundance
and harvest data from 1967 to 1996. Journal of Cetacean Research and Management, (Suppl.) 4:
85–98.
Ward, E., Zerbini, A.N., Kinas, P.G., Engel, M.H. and Andriolo, A 2006. Estimates of population
growth rates of humpback whales (Megaptera novaeangliae) in the wintering grounds off the coast
of Brazil (Breeding Stock A), Paper SC/58/SH14, presented to the IWC Scientific Committee,
2006, (unpublished).
Yablokov, A. V., Zemsky, V.A., Mikhalev, Y.A., Tormosov, V.V., and Berzin, A.A. 1998. Data
on Soviet whaling in the Antarctic in 1947-1972 (population aspects). Russian Journal of Ecology
29: 38-42.
Zemsky, V. A., Berzin, A.A., Mikhaliev, Y.A., and Tormosov, D.D. 1995. Soviet Antarctic
pelagic whaling after WWII: Review of actual catch data. Rep. int. Whal. Commn. . 45: 131-135.
Zemsky, V. A., Mikhaliev, Y.A., and Berzin, A.A. 1996. Supplementary information about Soviet
whaling in the Southern Hemisphere. Rep. int. Whal. Commn. . 46: 131-138.
Zerbini, A. N. 2004. Status of the Southern Hemisphere humpback whale breeding stock A:
preliminary results from a Bayesian assessment, Paper SC/56/SH17, presented to the IWC
Scientific Committee, 2004, (unpublished).
Zerbini, A. N., Ward, E. J., Kinas, P. G., Engel, M. H. and Andriolo, A. 2006. A Bayesian
assessment of the conservation status of humpback whales (Megaptera novaeangliae) in the
western South Atlantic Ocean (Breeding Stock A), Paper SC/58/SH2, presented to the IWC
Scientific Committee, 2006, 25 (unpublished).
Zerbini, A. N., Ward, E. J., Kinas, P. G., Engel, M. H. and Andriolo, A. In Pres). A Bayesian
assessment of the conservation status of humpback whales (Megaptera novaeangliae) in the
western South Atlantic Ocean. J. Cetacean Res. Manage. (Special Issue) .
332333Under Special Permit in the Antarctic (JARPA, JARPA II) as Programs for
Purposes of Scientific Research in the Context of Conservation and Management
of Whales, April 2011
AnAssessment of Japanese Whale
Research Programs Under Special
Permit in theAntarctic (JARPA,
JARPAII) as Programs for
Purposes of Scientific Research in the
Context of Conservation and
Management of Whales
Marc Mangel, PhD, FAAAS, FRSE
University of California
Santa Cruz
334About the Author
Marc Mangel, PhD, is Distinguished Professor of Applied Mathematics and
Statistics and Jack Baskin Endowed Chair in Technology and Information
Management at the University of California Santa Cruz (UCSC). He also directs
the Center for Stock Assessment Research, a cooperative program between the
Fisheries Ecology Division, Southwest Fisheries Science Center, NOAA Fisheries
and UCSC to train students and post-doctoral scholars in the methods of
quantitative population biology required for sustainable fisheries. His honors
include Fellowship in the American Association for the Advancement of Science
and the Royal Society of Edinburgh. Further biographic details are given in
Appendix A.
335 TABLE OF CONTENTS
1. Executive summary......................................................................337
2. Introduction .................................................
...............339
3. An overview of whaling in the antarctic ......................................340
4. Characteristics of a program for purposes of scientific research..349
5. Description and assessment of JARPA and JARPA II
as programs for purposes of scientific research in the conext of
conservation and management of whales..........................................360
6. Conclusion ...................................................
................ 376
7. Literature cited.....................................................
.....379..........
8. Appendices.......................................................
..........385...
3361. EXECUTIVE SUMMARY
1.1. In this Expert Opinion, I provide an assessment of the Japanese Whale
Research Program under Special Permit in the Antarctic (JARPA) and JARPA II
(the second phase) as programs for purposes of scientific research in the context
of conservation and management of whales based on generally accepted scientific
practice and criteria developed by the International Whaling Commission (IWC)
for Special Permit research.
1.2. I begin with an overview of whaling in the Southern Ocean, as it pertains
to the assessment of JARPA and JARPA II as programs for purposes of scientific
research in the context of conservation and management of whales. I explain how
the Revised Management Procedure (RMP) of the IWC is an advance in
management ideas that allows effective conservation and management of whales
without detailed biological knowledge and without use of lethally obtained data.
1.3. Consistent with generally accepted scientific practice and with criteria
identified by the Scientific Committee of the IWC, my opinion is that the essential
characteristics of a program for the purposes of scientific research in the context
of conservation and management of whales are that the program:
a) has defined and achievable objectives that aim to contribute knowledge
that is important to the conservation and management of whale stocks;
b) employs appropriate methods that are likely to achieve the stated
objectives, including:
(i) lethal methods only where the objectives of the research cannot be
achieved by any other means (for example, by the analysis of
existing data and/or the use of non-lethal research techniques);
(ii) setting sample sizes using accepted statistical methodology; and
(iii) linking mathematical models to data consistently;
c) includes periodic review of research proposals and results and adjustment
in response to such review; and
d) is designed to avoid adverse effects on the stocks being studied.
1.4. I then assess JARPA and JARPA II against those criteria and conclude that
they meet none of them.
1.5. First, JARPA II does not - and JARPA did not - have defined and
achievable objectives that aim to contribute knowledge that is important to the
conservation and management of whales. JARPA II has - and JARPA had - broad
and vague objectives that conflate exploration and exploitation. Their stated
337objectives could be used to justify almost any activity that Japan wished to pursue.
Their contribution to management remains undemonstrated after 24 years and the
potential of JARPA II to bring new knowledge about the conservation and
management of whales is very low, if it indeed exists at all.
1.6. Second, JARPA II does not - and JARPA did not - employ appropriate
methods likely to achieve its stated objectives. Although a variety of empirical
methods are in principle employed in JARPA II, a majority of effort is devoted to
lethal take despite the existence of problems with the data generated by that lethal
take and despite the existence of other, non-lethal, methods that can provide
nearly all of the same information. The reasoning that underlies the setting of
sample sizes (the number of animals killed) and the distribution of sampling effort
is vague, unclear, and at times simply wrong. The links between the proposed
models of the ecosystem and the field work, particularly lethal take, are weak and
unclear.
1.7. Third, most of the work done in association with JARPA and JARPA II is
published outside of standard peer-reviewed literature. Only about 15% of the
published papers are peer-reviewed and potentially relevant to the stated
objectives. Workers in JARPA and JARPA II have not demonstrated an ability to
respond to criticism or to admit being wrong.
1.8. Fourth, there is no record of any attention being directed to avoiding
unintended adverse consequences in the design of JARPA or JARPA II; indeed
they proceed on the assumption that the take will have no effect on the stock.
1.9. My conclusion is that JARPA II is - and JARPA was - an activity for the
collection of data in the Southern Ocean. However, both have failed at turning
data into knowledge or in improving the conservation and management of whales.
JARPA II is not a program for purposes of scientific research in the context of
conservation and management of whales.
3382. INTRODUCTION
2.1. I have been asked by the Government of Australia to prepare an
independent report on the Second Phase of the Japanese Whale Research Program
under Special Permit in the Antarctic (JARPA II) and related matters. The full
terms of reference provided to me are found in Appendix B. Briefly, they are:
• To identify and outline the essential characteristics of a program
undertaken for purposes of scientific research; and
• To provide a critical analysis of the objectives, methodologies and other
features of JARPA II and, in doing so, assess whether JARPA II has the
essential characteristics of a program undertaken for purposes of
scientific research.
2.2. I was given background material briefly described in Appendix C.
2.3. In order to meet the terms of reference, it is essential to understand the
characteristics of a program for purposes of scientific research in general and in
the specific context of conservation and management of whales. It is also
essential to understand the nature of JARPA II (and its predecessor JARPA), so
that they can be assessed as to whether they may properly be characterized as
programs for purposes of scientific research in the context of conservation and
management of whales.
2.4. In this paper, I
a) give a brief overview of whaling in the Antarctic, emphasizing the key
points that are relevant for the subsequent analysis;
b) identify the essential characteristics of a program for purposes of scientific
research in general and in the specific context of conservation and
management of whales;
c) provide an overview of the relevant aspects of JARPA and JARPA II, and
assess them against the essential characteristics of a program for purposes
of scientific research in the context of conservation and management of
whales; and
d) conclude with a summary of that assessment.
3393. AN OVERVIEW OF WHALING IN THE
ANTARCTIC
3.1. Modern commercial whaling began early in the 20 century, using land-
based stations (Mackintosh 1965). The first Antarctic whaling station was
established at South Georgia in 1904. Whaling at the South Shetland and Orkney
Islands almost exclusively used factory ships, which were tankers fitted with a
factory plant and moored in a harbor to function as a floating land station. Land-
based whaling ran from about 1904 to 1928, after which the great era of pelagic
(at sea) whaling followed. By 1930/31, there were 41 pelagic factories with over
200 catching vessels working in the Antarctic.
3.2. However, during the 1930/31 Antarctic whaling season, more whale oil
was produced than the world market could absorb. Because of this, the whaling
companies agreed to limit their output and devised a plan to regulate catches by
the amouth of oil produced. Since the species of major commercial take in the
early 20 century were the blue, fin, sei, and humpback whales (Mackintosh
1965), an effort was made to put them into a common currency. One blue whale
was considered the same as 2 fin, 2.5 humpback, or 6 sei whales; giving rise the
notion of the Blue Whale Unit (BWU) (Gambell 1999, Gillespie 2005).
3.3. In the figure below (from Bannister 2002), I show the relative sizes of
some of the whales.
3.4. The blue, fin, humpback and sei were called the great whales. At the time
that the BWU was conceived, minke whales were not considered relevant to
commercial whaling because of their small size. Tønnessen and Johnsen (1982)
noted that, had minke whales been considered, one BWU would have been at least
30 and possibly up to 60 minke whales.
340The International Whaling Commission
3.5. The inter-governmental International Whaling Commission (IWC)
(Gambell 1999, Donovan 2002) is charged, among other things, with regulating
whaling in the Southern Ocean. The IWC was established in 1946 through the
International Convention for the Regulation of Whaling (ICRW). The ICRW
consists of two parts: the convention itself and a schedule of regulations intended
to govern whaling operations. Contracting Parties to the ICRW subscribe to:
a) safeguarding for future generations the great natural resources represented
by whale stocks;
b) protecting all species of whales from further over-fishing;
c) seeking the optimum level of whale stocks;
d) providing an interval for recovery to certain species of whales now
341 depleted in numbers; and
e) establishing a system of international regulation for the whale fisheries to
ensure proper and effective conservation and development of whale stocks
(Gillespie pg 396-397).
3.6. The IWC has a Scientific Committee that meets annually, usually for two
weeks before the annual Commission meeting, and that often also holds ad hoc
meetings between sessions.
3.7. From its inception until about 1972, the IWC regulated whaling using the
BWU. The overall catch limit was initially set to 16,000 BWUs, with no
reference to specific species except that some species (e.g. right whales,
humpback whales) were designated as protected. This was essentially an open
access fishery (as defined by Clark 2006), in which nations raced to catch as many
whales as possible before the quota was reached, leading to waste during
processing, an uneconomical increase in the number of catcher boats, and poor
conservation of the whales (Donovan 2002). Furthermore, the quotas were often
exceeded. By 1952 it was recognized that there were problems with this
management procedure, and in 1963 a small group of eminent scientists appointed
by the IWC recommended elimination of the BWU as a method of setting catch
limits (Clapham and Baker 2002). By 1971/72 the catch limit had been reduced to
2,300 BWUs and both blue and humpback whales had been protected from
commercial whaling.
Fundamentals of the Dynamics of Populations
3.8. I now briefly describe how the dynamics of populations are characterized
and some of the terminology used in the management and conservation of whales.
3.9. In population dynamics, a key focus is the change in population size from
one year to the next. This is called net production and is measured most simply as
the number of individuals in one year minus the number of individuals in the
previous year. Such net production usually depends upon current size of the
population and is typically a peaked function of current population size as shown
in the figure below:
3423.10. When there are no individuals, in the absence of immigration, net
production is 0 since without any individuals no new individuals can be produced.
3.11. When there are many individuals (indicated by K on the x-axis in the
figure) net production is also zero because competition for food causes a balance
between births and deaths. (The rates of birth and death, the latter commonly
called the rate of mortality, are called the demographic (or biological) parameters
of the population.) When such balance between births and deaths is achieved, the
population is in a state known as carrying capacity. In the absence of
environmental fluctuations, this is the size at which the population would stabilize
if it were to remain unexploited.
3.12. The population size that maximizes net production is called the Maximum
Sustainable Yield Level (MSYL) and the level of production associated with that
population size is called Maximum Sustainable Yield (MSY). Any catch that is
higher than the MSY indicated by the peak of the curve in Para 3.8 is not
sustainable, since more is being taken from the population than is being produced
by it. The MSY Rate (MSYR) is the ratio of MSY to MSYL. For many years,
and continuing to this day in some cases, managing fisheries for MSY was a
standard approach.
3.13. Ricker (1975) defined MSY as “[t]he largest average catch or yield that
can continuously be taken from a stock under existing environmental conditions.”
Ricker’s definition hinges on three key words: average, continuously, and
343existing. That is, in nature there is not a single curve as shown in Para 3.8 but a
family of such curves, depending upon environmental (both physical and
biological) conditions. For example, the changing biomass of krill as water
temperature changes will affect the carrying capacity for whales (Wiedenmann et
al 2008). As environmental conditions vary, the shape of the curve, location of
carrying capacity (K) and the value of MSY may also vary. Moreover, if one does
not know the curve precisely and one does not know the current population size
precisely, then one never knows that the catch is sustainable even assuming that
environmental conditions are constant. Consequently, uncertainty and
environmental variation make MSY a fragile concept for management purposes.
3.14. Larkin (1977) argued that MSY should be put to rest because, among other
things, it led to yields that were too high and unsustainable. He wrote “[w]hatever
lies ahead in the development of new concepts for harvesting the resources of the
world’s fresh waters and oceans, it is certain that the concept of maximum
sustained yield will alone not be sufficient” (Larkin 1977, 10). That is, MSY
should be considered a constraint rather than a target since harvests greater than
MSY are not sustainable (Mangel et al 2002).
The New Management Procedure
3.15. After 1972, the IWC abandoned the BWU and in 1974 adopted a
realignment of its management procedures through the development of a New
Management Procedure (NMP). The NMP was designed to calculate catch limits
for whale populations using the fundamental principles of population dynamics as
described in Paras 3.8-3.14. The goals of the NMP were to bring each of the
whale stocks to the particular population level at which MSY could occur and to
protect stocks whose population sizes were estimated to be below a fixed fraction
of their pre-industrial exploitation level (Gambell 1999, Donovan 2002).
3.16. The NMP aimed to separate stocks into the three categories, based on the
extent to which the size of the stock varied from MSYL (Gillespie 2005):
a) initial management stocks (those considered to be above the size
generating MSY and which could thus be harvested down to that level);
b) sustained management stocks (which were close to the size generating
MSY and would be maintained there); and
c) protection stocks (those that would not be harvested).
3.17. However, over time it became clear that the NMP had serious problems
(Cooke, 1995; de la Mare 1986abc, Holt 2004). The NMP was based on MSY,
although at the time it was proposed, the data required to calculate MSY were
lacking. Thus, two ad hoc rules were added. First, stocks that had been subject to
stable catches over considerable periods of time would continue to be harvested as
344long as there was no evidence of a decline. Second, for stocks that had not been
subject to serious previous exploitation, catches would be limited to 5% of the
estimated size of the stock. This rule was precautionary, in the sense that before
harvest began, population estimates had to be obtained. However, the NMP did
not deal with the question of how to incorporate the uncertainty in the estimates of
population size. Indeed, one of the failings of the NMP was that it did not
stipulate how existing data were to be used to assess the state of the stock and it
could not handle uncertainty regarding the status of the stock in a robust manner
(Cooke 1995, pg 652).
3.18. Cooke (1995, pg 648) noted
The main difficulty in operating the NMP was that there were
insufficient data for its implementation. For most stocks there was
no reliable estimate of population size, let alone an estimate of the
MSY or the relation between the current population and the MSY
level. Furthermore there was no particular incentive to collect
data. Even if relatively good data had been available, there would
still have been considerable uncertainty about the state of whale
stocks with respect to the NMP criteria, but there were no
guidelines as to how to cope with these uncertainties. Finally, the
‘behaviour’ of the procedure was unknown. By this is meant the
expected long-term consequences of applying the procedure to
whale stocks.
Indeed, it was still possible for whale stocks to be depleted even if the NMP were
followed precisely and the population dynamics of the whales matched those
assumed in the NMP because of the uncertainty associated with estimates of
population size (Cooke 1995).
345The 1982 Moratorium on Commercial Whaling
3.19. The IWC adopted the moratorium on commercial whaling in 1982, setting
catch limits for all stocks at zero with effect from the 1986 coastal and the
1985/86 pelagic seasons. The commercial whaling moratorium remains in force
today.
3.20. One of the objectives of the decision to institute the moratorium was to
provide time for the IWC to establish its best estimate of population sizes together
with a suitable procedure to facilitate sustainable catch limits. A moratorium on
commercial whaling would also enable the IWC to develop mechanisms by which
the whaling industry could be effectively regulated to avoid the problems of the
past.
The Revised Management Procedure (RMP)
3.21. Because of the serious problems with the NMP, the IWC spent about a
decade developing a Revised Management Procedure (RMP). The specific goals
of the RMP are:
a) to achieve stable catch limits, thus allowing the orderly development and
regulation of the whaling industry;
b) to manage acceptable risk and to ensure that a stock is not depleted to the
point where the risk of extinction is not negligible; and
c) to ensure the highest possible continuing yield from each whale stock.
3.22. In order to achieve the goals of the RMP, the IWC agreed that (IWC 1994,
1999):
a) commercial whaling would be permitted only for populations in areas and
seasons for which catch limits (calculated by its Scientific Committee and
approved by the Commission) were in force;
b) catches would reach a maximum level when a stock was at 72% of its
unexploited level; and
c) there would be no whaling on stocks that were below 54% of their
unexploited level.
3.23. The aim of the RMP is not to attempt to calculate MSY or any other
optimum level. Rather, it is intended to effectively manage whaling while dealing
with the inherent uncertainty in the Southern Ocean ecosystem. Holt (2004, pg
xii-xiii, italics added) described the RMP in this manner:
346 Although the RMP uses a population model for the estimation of
stock status and the calculation of catch limits, the model itself is
hugely simplified. It does not attempt to emulate the dynamics of
any real whale population, and, in fact, does not even explicitly
include demographic parameters such as natural mortality rate.
Rather, the simple model is part of a freely invented algorithm that
has been shown, by simulations, to meet the targets efficiently and
to be robust to errors and such things as environmental changes
(Holt 2004, pg xii-xiii, emphasis added).
3.24. In much the same way as a good card player will compute the odds that an
opponent has a certain card, under the RMP statistical methods are used to
produce a probability distribution for the catch limit and the current population
size, which is measured as a fraction of the unexploited level. Catch limits are
computed using a Catch Limit Algorithm (CLA), which sets the catch limit to be
0 if the population abundance is estimated to be less than 54% of its unexploited
level. If population abundance is estimated to be more than 54% of unexploited
level, then the catch limit is set at a specified fraction of the population above the
unexploited level.
3.25. The data used in the CLA comprise only:
a) total catch statistics based on previous whaling (past data); and
b) data obtained through sighting surveys in which ships follow a prescribed
track line and count the number of whales that are seen (current and future
data).
3.26. The RMP thus eliminates the use of data obtained from whaling-dependent
or other lethal-source data, which are often unreliable for purposes of
management because they represent non-random samples of the population.
Consistent with this, in 1995 the IWC adopted a Resolution (1995-9) that stated,
among other things, “that scientific research intended to assist the comprehensive
assessment of whale stocks and the implementation of the Revised Management
Procedure shall be undertaken by non-lethal means” (emphasis added).
3.27. The development of modern computational tools, particularly the capacity
to undertake extensive computer simulation, allowed thorough testing of the RMP
(Kirkwood 1992, Cooke 1995). That is, the RMP was tested using sets of pseudo-
data that had been generated by other, more complicated population models. The
point of this testing was to ask the question: “how effective is the RMP in setting
catch limits that maintain or restore populations to acceptable levels when various
demographic parameters are unknown, or when the structure of the actual
population dynamics differs from those assumed in the RMP?”
3473.28. The tests allowed assessments of the performance of the RMP with
incorrect assumptions about the dynamics of the stock, varying initial abundance,
bias in sighting surveys, different relationships between true abundance and catch
per unit effort (a common proxy for abundance), uncertain or inaccurate catch
histories, and/or rare episodic events (e.g. epidemics). The tests showed that the
RMP was robust to these variations, maintaining catch and preventing the
depletion of the population (Cooke 1995). Most importantly, the tests allowed the
IWC to conclude that the RMP functioned effectively without making specific
assumptions about the population dynamics of whales and taking into account
possible errors in historic catch record.
3.29. In contrast, I know of no peer-reviewed published paper that demonstrates
fundamental flaws with the RMP that can only be corrected through field-based
programs that involve lethal take.
3.30. In conclusion, the RMP is an “advance in management ideas” (Holt 2004,
pg xiii) and consistent with other scientific work on the most effective level of
complexity for models used in management of living marine resources (Ludwig
and Walters 1985, Hilborn and Mangel 1997). As a member of the Committee of
Scientific Advisors of the U.S. Marine Mammal Commission 1989-1996, I
observed but did not participate in the development of the RMP. Returning to it
now after a 15 year absence, I am able to assess it with a fresh viewpoint and
concur with Holt that it is indeed a substantial advance in management.
3.31. In summary
The Southern Ocean ecosystem is characterized by uncertainty in many
dimensions including the dynamics of populations.
The commercial whaling moratorium, effective since 1986, has allowed
the IWC to develop and test the Revised Management Procedure (RMP) as
an effective tool for the future management of whaling.
The RMP
o uses an intentionally simple model of population dynamics;
o is designed so that lethally obtained data are not required;
o is designed to encourage the collection of sighting information; and
o has been rigorously tested and found to be robust to variations
from its assumptions.
3484. CHARACTERISTICS OF A PROGRAM FOR
PURPOSES OF SCIENTIFIC RESEARCH
Science as a Process
4.1. The goal of science is to understand the natural world by providing a
framework to account for observations already taken and to make predictions of
new observations. This goal is achieved by putting new knowledge in the context
of existing knowledge, recognizing that even when there is progress the
conclusions are transient (that is, subject to ongoing testing and revision) but the
methods are not. It is ongoing testing that is the basis for the self-correcting nature
of science. Without that self-correction, one cannot claim to be doing science.
4.2. Modern science is complex, and this has led to the ‘cult of the expert’
(Jenkins 2004). However, much of the complexity can be understood without
extensive technical training if one focuses on the characteristics of science as a
process for converting data into knowledge. Jenkins (pg 6) wrote “[t]he essence of
science is not some nuggets of information about the natural world but rather an
ongoing process for gradually learning how the world works, with occasional
breakthroughs in the form of major discoveries. At any given time, the
understanding of a phenomenon is likely to be incomplete, with conflicting
explanations and evidence. Scientists have learned to tolerate such uncertainty and
even relish the challenges it offers.”
4.3. There are essentially two types of science: (i) textbook science (which
most people learn in school) and (ii) science as practiced by scientists, or ‘frontier
science’ (Pickett et al 2007).
4.4. Textbook science is typically identified with the notion of ‘the scientific
method’, which involves:
a) devising alternative hypotheses;
b) devising an experiment (or several of them) with alternative possible
outcomes; each of which will, as nearly as possible, exclude one or more
of the hypotheses;
c) carrying out the experiment so as to get as clear a result as possible; and
d) recycling the procedure, making sub-hypotheses or sequential hypotheses
to refine the possibilities that remain.
In textbook science, we repeatedly challenge a hypothesis with experiments, and
if the hypothesis stands up to repeated experiments, it is treated as if it were true.
3494.5. Textbook science is a simple, linear process; it is also a myth (Grinnell
2009, l. 70). Science as practiced is more complicated than this and the path to
discovery is more convoluted. In the ecological sciences in particular, it is often
impossible to conduct experiments, but observation can substitute for experiment
(Mangel 2010). In consequence, scientists proceed by assembling many different
strands of evidence, which, if collected properly, can be woven into a strong and
intellectually sound fabric of conclusions.
4.6. Whether it is textbook or frontier, science does not consist of simply
accumulating data. Indeed, we now often face the problem of data ‘poisoning’ by
having too much data and too little understanding. Valiela (2001, pg 11) noted
“[d]escription is not tantamount to understanding: descriptive data can not by
themselves furnish an explanation of the mechanisms behind the observations, nor
can they easily identify the processes that brought about the situation described.
Complicated descriptions can become goals in themselves and may delude us into
thinking progress has been made”. Gopnik (2009, pg 71) noted “[a]ll seeing is
impregnated with thinking. If science were simply a bucket into which
descriptions fell, it would be a heap of facts. It is in the jump beyond, to a general
rule, a theory, even a vision, that science advances”.
4.7. Science as practiced by scientists invariably involves weaving many
strands of data together to produce new knowledge. The way that this is done
depends upon the problem that is being studied, especially in complicated
ecological situations where experiments are difficult to impossible. Simply put,
the essence of science is to extract knowledge from data and, if one does not know
in advance how the data will be analyzed to extract such knowledge, one is not
ready to collect the data.
4.8. In accord with generally accepted principles of scientific practice (Valiela
2001, Jenkins 2004, Pickett et al 2007) a program for purposes of scientific
research:
a) Has an over-arching conceptual framework that leads to a set of focused
questions (hypotheses);
b) Employs the correct set of empirical tools to answer the questions
including setting sample sizes with sound statistical reasoning, and linking
mathematical models and data appropriately;
c) Has proper assessment through the community of scientists; and
d) Is designed to avoid unintended negative ecological consequences.
350An Over-Arching Conceptual Framework Leading to a Set of Focused
Questions (Hypotheses)
4.9. A program for purposes of scientific research requires an over-arching
conceptual framework. Without it, one simply does ‘exploratory analyses’ hoping
that something interesting will arise from random activity. This rarely works; the
Nobel-prize winning immunologist Peter Medawar once wrote “[n]o new
principle has emerged from a heap of facts”. When people speak of “Newton’s
Theory of Gravity” or “The Theory of Relativity” or “Darwin’s Theory of
Evolution by Natural Selection” they mean such overarching conceptual
frameworks.
4.10. The conceptual framework provides a clearly specified context and
purpose and sets the ground for clearly defined and achievable objectives, but it
does not itself lead to a program of work. Rather, it inspires and frames the
investigation of particular questions and hypotheses.
4.11. To be testable, questions and hypotheses must be operationally defined –
that is, it must be possible to answer the question using existing empirical or
theoretical methods or there must be excellent prospect that new methods can be
developed to answer the question. For example, Valiela (2001, pg 6) noted “[i]t is
a waste of time, of course, to worry about the density of angels on any surface, let
alone the head of a pin, unless we have a working seraphometer available”.
4.12. Any idea that cannot be operationally defined cannot be studied by
empirical science. Similarly, objectives that cannot be tested are not scientific and
thus not achievable. In many ecological settings, unlike textbook science,
hypotheses may not be mutually exclusive in that an observation clearly excludes
hypothesis “A” but not “B”. However, even in this case if the hypotheses are
operationally defined it is possible to test them and assess the relative strength of
the hypotheses provided by the data (Hilborn and Mangel 1997, Wolf and Mangel
2008).
4.13. In the ecological sciences, it is often impossible to conduct experiments.
For example, it is not possible to undertake experimental manipulation when
attempting to understand the dynamics of populations of blue whales. That is,
there is no possibility to replicate an experiment, since there are so few
individuals, those individuals may actually constitute a single population, and the
time scale of their population dynamics is very long. Nevertheless, we are not
prevented from asking questions about blue whales and observation provides a
viable means by which to attempt to answer those questions (see for example,
Branch et al 2004 on blue whales, Mangel 2010 on Steller sea lions).
351The Correct Set of Tools
4.14. Once a set of questions has been established, a program for purposes of
scientific research should focus on the important step of identifying the best tools
that will answer those questions as clearly and unambiguously as possible. These
tools should be selected following an evaluation of their effectiveness in achieving
the stated objectives.
Setting Sample Sizes
4.15. Setting the size of a sample of data to be taken in order to estimate an
unknown parameter so as to test a hypothesis depends on:
a) how accurately the parameter needs to be known (how close the average
value of the estimate is to the unknown parameter);
b) how precisely it needs to be known (how much variation surrounds the
estimate of the average value); and
c) what kinds of statistical assessments will be done with the data.
Formal statistical methodology provides procedures by which the sample size
required to obtain a specified confidence that we have in a particular conclusion
can be determined.
Uses Models Appropriately
4.16. Models have become a cornerstone for extracting knowledge from data. A
model is a stylized description used in analyzing or explaining a phenomenon. A
model is not a hypothesis in itself. Models are rather tools used in the evaluation
of hypotheses. Models serve a number of purposes, one of which is to assist in
determining what needs to be measured and how accurate and precise the
measurement needs to be. Models that are purported to be linked to field
programs must be consistently and appropriately connected to the data from the
field program.
Proper Assessment through the Community of Scientists
4.17. Scientists form communities and networks that link to the past and provide
connectedness in the present. Grinnell (2009, l.158) noted “[e]ach researcher or
group of researchers initiates work in the context of prevailing experiences and
beliefs – the starting point and justification for further action”. That is,
individuals in a program for scientific purposes collaborate in a self-correcting
community. Even the greatest geniuses of science (Newton, Darwin, Einstein)
had networks and communities and made numerous corrections in their research
programs.
3524.18. Scientific debate and disagreement is good if it leads to questions that can
be resolved by reliable research. Views that are not debatable because they are
based on immutable assertions are not scientific since self-correction is not
possible. A community with a free exchange of ideas allows scientists to identify
occasions when they may be wrong in their research and affords them the
opportunity to change their minds. Indeed, delight in the unexpected is the
lifeblood of science: “[a]lmost alone in belief systems, science welcomes the
disturbingly new” (Raymo 1991, pg 179). Grinnell (2009, l. 385) noted “[t]hey
[scientists] are open to the possibility of being wrong”. Responding to critical
comments and changing research paths is an essential part of the practice of
science. An individual who is not open to the possibility of being wrong cannot be
a scientist. Furthermore, the scientific community is obliged to expose
assumptions, whether they arise from within science or from society, and to
explore the implications of those assumptions as they affect the practice of science
(Pickett et al 2007).
4.19. That is, scientists belong to a community of independent thinkers
cooperating in a relatively free spirit so that a series of independent initiatives
becomes organized into joint achievement by “mutually adjusting themselves at
every successive stage to the situation created by all the others are who acting
likewise” (Polanyi 1969, pg 51).
4.20. Individual scientists sit at the nexus of the world to be studied (in which
discovery is the objective) and the research community (in which credibility is the
metric). The individual scientist investigates the world and when he or she
believes that a discovery is made, the process of conversion from discovery to
credibility begins (Grinnell 2009, l. 83). The community of scientists is
responsible for the proper assessment and quality control of scientific ideas, in
which discovery becomes credibility, through the process of peer review.
4.21. Peer review is a key component for the assessment of the value of ideas
(Resnik 2011) and is essential because when the value of an idea is undermined it
must be rejected. Peer review both provides quality control on the level of
standards of scholarship and methodology for the scientific community and it
helps authors improve their research proposals and resulting manuscripts. Peer-
review also leads to the generation and establishment of scientific opinion
(Polanyi 1969), which is held not by a single individual, but by a collection of
individual scientists each of whom endorses the opinions of others. Of course,
scientific opinion can be wrong, but reliable science responds to valid criticism,
which is how science advances.
4.22. Peer-review requires a multi-dimensional approach for both proposals for
research and manuscripts describing the results of research (Polyani 1969). For
problems in applied ecology, at the minimum peer-review assesses:
353 a) plausibility of an idea;
b) scientific value of an idea, consisting of accuracy, intrinsic interest, and
importance;
c) originality of an idea, (which is often assessed by the degree of surprise
brought about by the idea); and
d) applicability of an idea, assessed by how the work can inform the
motivating applied question.
Plausibility and scientific value encourage conformity whereas originality
encourages creative thinking and dissent. Applicability ensures that the ideas and
the work contribute to solving the motivating applied problem.
4.23. The criteria in Para 4.22 can be melded into questions typically asked by
referees assessing proposals for research (Grinnell 2009, l. 332):
a) Is there is a question to be answered?
b) Can the research group answer it?
c) Will getting the answer will be worth the effort?
Unless the answers to all of these questions are “yes”, work should not begin.
4.24. For publications after work has already been done, the questions typically
asked by referees are (Grinnell 2009, l. 715):
a) Are the techniques appropriate?
b) Could any scientist potentially have done the work?
c) Are the results interpreted in an appropriate fashion?
d) Are the studies reasonable in light of ideas previously accepted by the
community?
Unless the answers to all of these questions are “yes”, the article should not be
published.
4.25. Articles that are not peer-reviewed are considered to be ‘grey literature’
and are given less weight than those that have survived the peer-review process.
As retractions in high profile journals show, peer review is not perfect, but it is
nevertheless an essential characteristic of the practice of science.
4.26. In summary, it is essential to a program for purposes of scientific research
that there be peer review from the outset of the research program (since a program
should not begin until it has been assessed as feasible through a matching of
methods and objectives); that there be peer review throughout the operation of the
program (since throughout its duration a program should respond to deviations
from objectives by adjusting methods or even abandoning the program in the face
354of inadequate progress); and that the program end with publication of results in
peer-reviewed literature (since it is through peer-reviewed publication that claims
of discovery are given scientific credibility).
Is Designed to Avoid Unintended Negative Consequences
4.27. The history of human interaction with the natural world is replete with
examples in which human interventions have led to unexpected and surprising
consequences. Some of the best examples include those involving the resistance
of bacteria to antibiotics and of insects and weeds to pesticides or herbicides
respectively.
4.28. Scientific research may have unintended consequences that increase the
chance that the population being studied will decline or possibly become extinct.
For example, Harrison et al (1991) concluded that their very study of a population
of butterflies in California may have lead to its extinction.
4.29. Thus a program for purposes of scientific research will be designed to
achieve a clearly identified outcome while avoiding unintended negative
consequences that will put the population or stock being studied at risk. This
should include the identification of potential problems before fieldwork begins
and monitoring of the risk of unintended negative consequences during empirical
work.
355IWC Criteria for Special Permit Whaling
4.30. The Scientific Committee of the IWC has spent many years considering
how the broad concepts in the previous paragraphs apply to scientific research in
the context of conservation and management of whales. Their most recent
thinking is summarized in IWC (2009). According to IWC (2009), proposals for
Special Permit research are to be structured according to:
a) Objectives of the study (Paras 4.9-4.13; 4.39a);
b) Methods to address the objectives (Paras 4.14-4.16; 4.39b)
c) Assessment of potential effects of catches on the stocks involved (Paras
4.27-4.29; 4.39d);
d) A note on the provisions for co-operative research for both field and
analytical studies (Paras 4.17-4.26; 4.39c); and
e) A list of scientists proposed to be sent to intersessional review workshops
(Paras 4.17-4.26; 4.39c).
4.31. According to IWC (2009), the objectives of the study should:
a) Be quantified to the extent possible;
b) Be arranged in two or three categories (primary, secondary, ancillary);
c) Include a statement for each primary category regarding whether it
involves lethal sampling, non-lethal sampling, or both;
d) Include at least a brief statement of the value of each primary objective
assessed according to the ability to i) improve the conservation and
management of whales stocks; ii) improve the conservation and
management of other living marine resources in the ecosystem; and/or iii)
test hypotheses not directly related to the management of living marine
resources; and
e) Refer, particularly for d(i) and d(ii), to past recommendations of the
Scientific Committee, carrying out implementations or reviews of the
RMP, improved understanding of other high priority issues, or
recommendations of other inter-governmental agencies.
4.32. According to IWC (2009), the methods should include:
a) Field methods that describe the species studied, the number, time frame
and area; the sampling protocol for lethal aspects; and an explanation of
why non-lethal methods or analyses of past data are insufficient;
b) Laboratory methods;
356 c) Analytical methods, including when appropriate estimates of whether the
proposed sample sizes will be sufficient to provide accurate answers to the
questions being studied; and
d) A time frame with intermediary targets.
4.33. According to IWC (2009), the assessment of potential effects of the
proposed take on the stock should include:
a) A summary of what is known concerning stock structure in the area
concerned;
b) An estimate of abundance of the species to be studied, including an
assessment of the level of uncertainty of the estimates of abundance;
c) Submission of a simulation study on the effects of permitted takes on the
catch, taking into account uncertainty and projecting forward for the life of
the proposed permit, and into the future.
4.34. IWC scientists, like marine mammal biologists in general, understand that
sometimes lethal take can provide information that other means of study cannot
(Paras 4.31, 4.32). For example, although progress is being made, there are still
no effective non-lethal means of aging whales, so if age information is absolutely
required, then lethal take is also required.
4.35. Lethal take destroys the object of study and thus eliminates the possibility
of future information gained from the animal that is killed. Thus, scientists must
ask how much information is gained using a lethal method relative to the
information gained using a non-lethal method. Consequently, before using lethal
take, one must carefully weigh the balance between the immediate information
produced by killing the individual animal and the loss of future information that
could be obtained were a non-lethal method used. In my opinion, only when the
balance is strongly in favor of the former should the lethal take be used. That is to
say, the information gained must be proportional to the impact resulting from the
loss of the individual.
4.36. The Society for Marine Mammalogy, the only international professional
society of marine mammalogists, recently published guidelines for treatment of
marine mammals in field research in its official journal Marine Mammal Science.
These guidelines recognize that lethal take may sometimes be appropriate and
state that (Gales et al 2009, pg 736):
a) researchers should use alternative non-lethal procedures when they are
available and satisfy the objectives of the research;
b) animals should be killed in the most humane and rapid method available;
c) any population or stock-scale impacts should be minimized through
prudent selection of animals (e.g., avoidance of reproductive females if
357 possible) and sample size; and
d) where possible on-going activities outside the research community (e.g.,
hunts, by-catch events, strandings) should be utilized as a source of
material for scientific studies of marine mammals.
4.37. The IWC criteria also recognize that when a scientific study is motivated
by an important applied problem such as the conservation and management of
whales, another crucial dimension is whether the knowledge extracted from the
data can be used to answer the motivating applied problem. If the work cannot
provide an answer to the motivating problem, it has failed in the key aspect of
scientific inquiry, even if it produces other data. That is, a program that is
motivated by an applied problem such as the conservation and management of
whales must contribute to knowledge that informs the motivating problem. It is
the responsibility of the proposers to demonstrate the objectives are both
achievable with the methods proposes and that the work will contribute to the
motivating applied problem.
358Assessment Criteria Used in This Report
4.38. Consistent with the criteria for generally accepted scientific research and
the IWC criteria described above, I now describe what I consider to be the
essential characteristics of a program for purposes of scientific research in the
context of the conservation and management of whales.
4.39. A program for the purposes of scientific research in the context of
conservation and management of whales:
a) has defined and achievable objectives that aim to contribute knowledge
that is important to the conservation and management of whale stocks;
b) uses appropriate methods that are likely to achieve the stated objectives,
including:
(i) lethal methods only where the objectives of the research cannot be
achieved by any other means (for example, by the analysis of
existing data and/or the use of non-lethal research techniques);
(ii) setting sample sizes using accepted statistical methodology; and
(iii) linking mathematical and statistical models to data consistently;
c) includes periodic review of research proposals and results and adjustment
in response to such review; and
d) is designed to avoid adverse effects on the stocks being studied.
3595. DESCRIPTION AND ASSESSMENT OF JARPA
AND JARPA II AS PROGRAMS FOR PURPOSES OF
SCIENTIFIC RESEARCH IN THE CONEXT OF
CONSERVATION AND MANAGEMENT OF WHALES
5.1. It is now possible to provide an overview of the relevant aspects of
JARPA II together with an assessment of those aspects against the essential
characteristics of a program for purposes of scientific research in the context of
conservation and management of whales. Although my primary focus is JARPA
II, several aspects of the assessment are retrospective (e.g. peer review) and others
are prospective (the feasibility of the research plan to achieve the goals).
Consequently, I consider both JARPA and JARPA II.
5.2. In brief, the analysis in this section leads to the following conclusions:
a) The objectives of JARPA II are broad and poorly defined, often based on
science by assertion in which statements are made as if they have been
demonstrated but they in fact have not, and are formulated in a way that
conflates exploration and exploitation.
b) Although a variety of empirical methods are used, the majority of effort in
JARPA II is directed toward lethal take, with sighting surveys
compromised because they are conducted in conjunction with lethal take.
The connection between JARPA II as a field activity and management
models such as the RMP has not been demonstrated, and the process for
setting sample sizes in JARPA II is not based on solid statistical reasoning
or analyses of the accuracy required to meet the stated objectives.
c) Individuals participating in JARPA II are disconnected from the self-
correcting community of scientists and have not demonstrated the ability
to revise or correct their work or methodologies, in particular by changing
their minds concerning lethal take. The majority of the work conducted in
association with JARPA and JARPA II is published outside the standard
peer-review process and much of the work that is published in standard
peer-reviewed literature refers only to the physiology and biochemistry of
reproduction in whales, topics that are irrelevant to the stated objectives of
JARPA and JARPA II.
d) There is no record of any attention being directed to avoiding unintended
negative consequences in the design of JARPA II.
5.3. By reference to the conclusions in Para 5.2, the general practice of science,
and the IWC criteria for Special Permit Research, I conclude that JARPA II is not
360a program for purposes of scientific research in the context of conservation and
management of whales.
A program for purposes of scientific research in the context of
conservation and management of whales has defined and achievable
objectives that aim to contribute knowledge that is important to the
conservation and management of whales
Vague & general objectives
5.4. Neither the goals of JARPA, nor those of JARPA II, have been clearly
stated as defined and achievable objectives, nor as scientific questions or
hypotheses that will contribute knowledge important to the conservation and
management of whales.
5.5. In 1987 the objectives of JARPA were summarized as:
Objective 1: Estimation of biological [demographic] parameters to
improve the stock management of the Southern Hemisphere minke whale.
Objective 2: Elucidation of the role of whales in the Antarctic marine
ecosystem.
5.6. In 1995-97 two additional objectives were added:
Objective 3: Elucidation of the effect of environmental change on
cetaceans [whales and dolphins].
Objective 4: Elucidation of the stock structure of the Southern Hemisphere
minke whales to improve stock management.
5.7. Objective 1 was relevant to the NMP but is not relevant to the RMP; in
addition, it was not achieved. Objectives 2, 3, and 4 are so broad that they can be
used to justify almost any activity. Objectives 3 and 4 were added with little or no
justification or connection to results that had previously been obtained under the
program at the date of their addition. A program for purposes of science research
will adjust its goals and objectives as information is obtained and analyzed, but
this needs to be done with clear justification and reference to results obtained to
date.
5.8. JARPA II continues the pattern established by JARPA of having broad
objectives (IWC 2007a, pg 6):
Objective 1: Monitoring of the Antarctic ecosystem.
Objective 2: Modeling competition among whale species and developing
future management objectives.
361 Objective 3: Elucidation of temporal and spatial changes in stock structure.
Objective 4: Improving the management procedure for minke whale
stocks.
5.9. The objectives of JARPA II comprise a mixture of ecological monitoring
and modeling (Objectives 1 and 2), field work (Objective 3), and management
(Objective 4) with little, if any, intellectual connection. These objectives
demonstrate confusion between monitoring (which may be important if tied to
management, but cannot be considered research since there is no focused question
or hypothesis) and management on the one hand, and alleged scientific
investigation on the other.
5.10. Since lethal take without demonstrated scientific need is involved, the
objectives of JARPA II blur potential scientific exploration and resource
exploitation. Furthermore, as with JARPA, the objectives are so broad as to allow
almost any activity.
The ‘krill surplus’ hypothesis
5.11. As described above (Para 4.9ff), the application of an overarching
conceptual framework should lead to a set of focused questions or hypotheses to
be investigated since without clear questions the likelihood of developing new
knowledge is slight.
5.12. However, the only clearly identifiable hypothesis in JARPA or JARPA II
is the krill surplus hypothesis, according to which the over-harvesting
of the great
whales lead to a krill surplus, which in turn lead to an abundance of minke whales.
For example, Tamura and Konishi (2009) wrote “[t]his rapid decreasing of large
baleen whales species provided the annual surplus of krill as much as 150 million
tonnes (Laws, 1977ab). This surplus became available for other krill
predators…This phenomenon is called ‘krill surplus from the depletion of baleen
whales’” (pg 23).
5.13. Among JARPA workers, the krill surplus hypothesis quickly went from
hypothesis (that is, an idea to be investigated and possibly rejected) to theorem
(that is, a demonstrated result whose truthfulness is known). For example in the
review of JARPA undertaken by the government of Japan, Murase et al (2006)
wrote “‘[k]rill surplus’ caused by intensive commercial harvesting of large
whales…has been central theorem of the Antarctic ecosystem study” (pg 1). In
describing the possible 'krill surplus' as a 'central theorem', Murase et al suggest
that it has already been proven. This is simply not the case, as will be explained
below.
5.14. The Antarctic continues to be unveiled as an ecosystem of intriguing
complexity in which simple predictions fail (Karentz and Bosch 2001). The
figure
362below (Mackintosh 1965) illustrates the network of interactions between predators
and prey (arrows going from prey to predator).
5.15. From this figure, it is clear that the krill surplus hypothesis as applied in
JARPA and JARPA II deals with only a small part of the entire Southern Ocean
ecosystem. In addition, neither JARPA nor JARPA II are capable of testing it
(Paras 5.36-5.37).
Data collected and the RMP
5.16. The literature concerning JARPA and JARPA II contains a variety of
references to whaling policy that will be based on Maximum Sustainable Yield
(MSY), which, as described above, has effectively been discarded by the IWC
(Para 3.23ff). As noted, the RMP explicitly avoids the use of lethal-take data as a
means of estimating abundance, instead placing a strong emphasis on data
obtained by means of sighting surveys.
3635.17. JARPA and JARPA II provide no demonstration of how the fieldwork
undertaken in those programs would actually contribute to the analysis of MSY,
MSYR, or to improving flaws in the RMP. In particular, JARPA II does not make
clear how the improvement of management procedures for minke whale stocks
can be considered scientific research, which might be appropriate if the RMP had
been shown to be seriously flawed. However, neither JARPA nor JARPA II has
demonstrated the existence of serious problems with the RMP.
5.18. JARPA was not relevant to the RMP, which (unlike the NMP) deliberately
does not depend on accurate estimates of demographic parameters. In spite of this,
JARPA II continues along the same path as JARPA. In particular, the collection
of demographic parameters of whales by lethal take remains central in JARPA II,
but has no relevance to the RMP.
Ecosystem model
5.19. At the meeting of the IWC that followed the 2006 Intersessional
Workshop (IWC 2007b), “Japan re-iterated the goal of JARPA II, i.e. to develop
an ecosystem model leading to sustainable use through multi-species
management” (IWC 2007b, pg 41). Ecosystem-level models refer to conceptual,
mathematical, or statistical models that include many components of the
ecosystem, rather than a focus on a single species.
5.20. Although the development of ecosystem-level models is a foundation for
Ecosystem Based Fisheries Management (Mangel 2010a), the contribution of
JARPA or JARPA II as field programs to ecosystem-level management models is
never made clear. Even though JARPA II’s objectives have changed, its practice
has not been altered so as to collect the type of data required for a far broader
ecological study (see Paras 5.36-5.37).
5.21. One of the justifications of JARPA and JARPA II is that they will provide
the scientific information that is required for the resumption of commercial
whaling. It is remarkable that the JARPA and JARPA II documents lack even the
beginnings of a bioeconomic model providing investigation about the required
biological and economic circumstances to make commercial whaling on minke
whales feasible, although it had been recognized long before JARPA began that a
bioeconomic model would provide key insights into the future commercial
whaling of minke whales (Lockyer 1976). Such models are clearly the province
of scientific research since they provide the biological, economic and
mathematical foundations for effective conservation and management as time-
dependent phenomena (Clark 2010).
5.22. In summary,
It is difficult to impossible to clearly identify the hypotheses of either
JARPA or JARPA II;
364 Both programs offer broad objectives that conflate science, management,
and exploitation;
Their stated objectives could be used to justify almost any activity that
Japan wished to pursue.
Their contribution to management remains undemonstrated and the
potential of JARPA II to bring new knowledge about the conservation and
management of whales is very low, if it indeed exists at all.
In my opinion, JARPA II fails to meet the essential first characteristic of a
program for the purposes of scientific research in the context of conservation and
management of whales.
A program for the purposes of scientific research in the context of
conservation and management of whales employs appropriate
methods likely to achieve the stated objectives, including (a) use of
lethal methods only where the objectives of the research cannot be
achieved by any other means (i.e. by the analysis of existing data
and/or the use of non-lethal research techniques); (b) setting sample
sizes using accepted statistical methodology; and (c) linking
mathematical and statistical models to data consistently
Appropriate empirical tools
5.23. Scientific research on whales in the Southern Ocean can use a variety of
tools for empirical research including:
a) sighting surveys in which whales are counted from ships or aircraft
(including photo-identification of individuals);
b) lethal take;
c) DNA analyses based on biopsies;
d) biochemical analyses; and
e) satellite tagging.
Sightings surveys
5.24. Sightings surveys are a common feature of research in all global whale
populations and if conducted appropriately may be a useful empirical tool for
assessing the abundance and distribution of whales. Recent JARPA II cruises
sighted blue, fin, sei, minke, humpback, southern right, sperm, and southern
bottlenose whales (e.g. Ishikawa et al 2008).
3655.25. Sighting surveys can provide information on population density (Burt and
Borchers 1997), movement (Bannister et al 1999, Rock et al 2006), the
relationship between physical habitat and whale distribution (Kasamatsu et al
2000) and the relationship between the abundance of food (krill) and whale
distribution (Murase et al 2002).
5.26. As described above (Para 3.23ff), the RMP uses sighting surveys in ord
er
to estimate abundance and does not rely on lethally acquired information.
However, some of the sighting surveys in JARPA and JARPA II are compromised
because their methods involve both counting whales and preparation for lethal
take.
Lethal take
5.27. In contrast to sighting surveys, lethal take is not a common feature of
research in all global whale populations. While it cannot be excluded that there
may be situations in which lethal take may contribute to a program for purposes of
scientific research in the context of conservation and management of whales,
JARPA and JARPA II simply assert but do not demonstrate that lethal take is
required. In addition, lethal methodology is a disproportionate focus in JARPA
and JARPA II.
5.28. Japan sought to justify lethal take as a means of obtaining age estimates
that could then inform the rate of natural mortality (required for the NMP but not
the RMP), but, as noted in the final review of JARPA, the effort failed.
5.29. This is because there are significant problems with the lethally derived
data used for aging. Ear plugs of whales have a structure of alternating light and
dark bands. Thus, in principle the age of a whale can be determined by counting
the bands, much as with tree rings (Morris 1972, Roe 1967, Lockyer 1974, de la
Mare 1985). However, the difficulties in the interpretation of growth layers make
ear plug growth layers only somewhat reliable indicators of age. Furthermore,
there are problems with reading the ear plugs at all and often a large number of
the killed animals do not provide readable ear-plugs (Lockyer 2010).
5.30. As described in Para 4.14 a tool should only be selected for use after
evaluating its effectiveness in achieving the stated objectives. Japan conducted no
such evaluation. For ear plugs such an evaluation was done only after nearly 25
years of JARPA and JARPA II (Lockyer 2010) and ear plugs failed to provide
information about the age dependence of the rate of natural mortality. Whether
alternatives exist or not for aging, the approach of JARPA had demonstrably
failed, but JARPA II continues along this track.
366Other tools
5.31. Other common tools used in the study of populations of whales include
a) DNA analysis based on biopsies;
b) biochemical analyses; and
c) satellite tagging.
5.32. In the last 20 years, DNA and other molecular technologies for population
studies have advanced enormously. A small sample of tissue now yields a
sufficient amount of DNA for many different types of analyses on population
structure, animal gender, inter-relatedness of individuals and other population
scale parameters (Waples and Gaggiotti 2006).
5.33. Similarly, it is now possible to measure the concentration of many
pollutants in whales by taking non-lethal biopsy samples (Kunito et al 2002) and
to assess reproductive status from hormone concentrations in the blubber of minke
whales (Mansour et al 2002). Awruch et al (2008) demonstrated that size at
maturity in a shark could be obtained using blood samples measuring hormones.
These papers suggest a promising avenue of investigation for a non-lethal method
of determining reproductive status in whales.
5.34. Over the last 20 years, tagging whales with radio transmitters and
associated technology for collecting and analyzing data has progressed rapidly
(Fedak 2004, Freitas et al 2008). Satellite tags have an antenna that protrudes
through the skin, so that the whale eventually rejects them much like a splinter is
ejected. Mate et al (2007) reviewed the advances in satellite tags. Currently, tags
last long enough to cover either leg of the annual migration or the whole feeding
season and within the decade will likely last for multiple seasons. These
longevities are sufficient to answer the critical questions about stock structure
required to apply the RMP multi-stock rules.
5.35. In 1987, the Government of Japan (Japan 1987, pg 43) noted that “[i]f
mark [or tag] and mark recapture could be available both in the low latitude
(breeding ground) and the high latitude (feeding ground), this method [mark-
recapture] would certainly produce information with the highest accuracy ever
obtained by any other methods ever adopted in the past for ascertainment of stock
movement, migration, and identification”. At the time that this was written, the
longevity of tags was only about 3 weeks. However, this gold standard of
methodology - called for by Japan nearly 25 years ago - can now be achieved.
That is, non-lethal means are now a practicable way for determining stock
structure.
367Linking methods to objectives
5.36. Japan has suggested that JARPA and JARPA II can test the krill surplus
hypothesis. (Japan 2000, pg 1). However, neither JARPA nor JARPA II is
sufficiently broad or deep to be able to test the krill surplus hypothesis as a
scientific hypothesis. Indeed, it may be impossible to test the krill surplus
hypothesis at all (Ainley et al 2007). Nicol et al (2007) observed
It [the krill surplus hypothesis] is just difficult to support or refute
without appropriate long-term, systematically collected, dataset on
krill and its major predators. With a few notable exceptions, we
are not in a position to be able to indicate whether most of the
major krill consumers have globally increased or decreased as a
result of the demise of the great whales, nor how these predators
might now be responding to the recovery of some of these whale
populations. Furthermore, we remain unable to estimate robustly
global krill consumption now or in the past; data which are
essential for examining the krill surplus hypothesis (pg 292).
5.37. That is, given the enormous difficulties and the many uncertainties
surrounding the krill surplus hypothesis, a program intended to investigate it
would need to begin with a broad focus on the interactions between different
predators of krill and krill consumption by all such predators (see image in Para
5.14). JARPA and JARPA II do not do this since their narrow focus is
purportedly on three (in practice, essentially just one) species of whale. Rather,
JARPA and JARPA II have used the krill surplus hypothesis to conflate research
and exploitation.
Setting sample sizes
5.38. In the case of both JARPA and JARPA II, sample size indicates the
number of whales to be killed. It is very difficult to understand the statistical basis
for setting the level of lethal take in either JARPA or JARPA II.
5.39. Early in JARPA, Tanaka et al (1992) computed the sample size (lethal
take) associated with the error in an estimate of the rate of natural mortality. The
resulting curves (Tanaka et al 1992, Figure 6) were very flat. I have reproduced
one panel below (the others are similar).
5.40. The x-axis in this figure is the sample size (the number of whales killed)
and the y-axis is a measure of error in the estimate of the rate of natural mortality.
The different curves in this figure show the error in the estimate of the rate of
natural mortality plotted as a function of the sample size under various
assumptions about the accuracy of the data.
3685.41. The arrows denote the sample size that gives the minimum standard error.
All else being equal, these arrows would point to the sample size that one would
choose were one’s goal to minimize the error of the estimate.
5.42. However, the curves are very flat, suggesting that many fewer whales
could be taken with only a minimal loss of accuracy. For example, using the
curve marked T=10, note that taking 100 whales rather than 300 whales only
marginally decreases the accuracy of the estimate of natural mortality rate,
suggesting that many fewer whales could be taken without compromising the
resulting analysis. That is to say, many fewer whales killed will produce virtually
the same level of accuracy.
5.43. Indeed, Tanaka et al (1992) themselves noted that takes in the range of
200-400 whales provided the same accuracy, but then stated that “[h]owever, in
the actual research, other factors should be taken into consideration” (pg 419) to
increase sample size. The other factors are not explained in the context of
objectives nor are they justified through any statistical considerations. There is no
analysis provided to show how either knowledge or management would be
improved by having the marginally improved estimate of the rate of natural
mortality associated with a take of 300 rather than 100 individuals.
5.44. Lack of statistical clarity continues in JARPA II. For example, in
responding to the discussion of the proposal for JARPA II by Childerhouse et al
(2006), Hatanaka et al (2006) wrote that catches “under JARPA II
have been
calculated as the minimum required to obtain statistically significant data. Given
that the stocks to be sampled are abundant and, for humpback and fin whales,
369increasing rapidly, it is quite logical that the sample size is correspondingly
large” (italics added).
5.45. This conclusion is not logical at all. According to generally accepted
scientific and statistical methodology, the determination of a sample size must be
grounded in statistical reasoning. Whether the stocks are sufficiently abundant
may affect the practicability of taking a particular sample size, but it should in no
way affect the actual determination of the sample size.
5.46. I consider that the spatial distribution of the lethal take is also important.
The IWC has divided the Southern Ocean into six sectors for reporting catches
and other data. In the years between the 1963/64 season and the 1985/1986
season the vast majority of Japanese minke whaling take was in IWC Areas IV
and V [which are the areas closest to Japan], with very few whales taken from
Areas I and II [where much more fuel and time would be needed to operate]
(Ohsumi 1979).
5.47. The proposal for JARPA (Japan 1987) noted that “very little information
was obtained [from commercial activity] for Area I and Area II” (pg 8). One
might therefore expect the focus of a program for purposes of scientific research
to be on Areas I and II, in order to gain more information about those regions, but
instead the focus in both JARPA and JARPA II is in Areas IV and V because it
“makes the research more efficient” (pg 8). That may be true if one measures
efficiency in terms of whales killed per effort, but less so if efficiency is measured
in terms of new knowledge.
5.48. That is, because the effort in JARPA II is in regions in which Japan
traditionally whaled, JARPA II is collecting data that in large part already exist
from commercial whaling (before JARPA) and JARPA itself. The potential
development of new knowledge in this situation is very low.
Linking mathematical models to data
5.49. Ecosystem models are one of the objectives of JARPA II, but the JARPA
II proposal (Japan 2005, pg 11) discusses modeling competition among whale
species and future management objectives with no reference to other components
of the ecosystem. The models used in Appendix 9 of the proposal for JARPA II
(pg 81-82) do not require the detailed information that JARPA II sets out to
collect.
5.50. Indeed, neither JARPA nor JARPA II offer explanation for the assertion
made under those programs that to obtain the necessary data for the models
requires lethal take, nor do they offer an explanation or indication as to how those
data are to be used in the models. After nearly 20 years of JARPA effort, Mori
and Butterworth (2006) offered a “first step towards modeling the krill-predator
370dynamics of the Antarctic ecosystem”. Their model (pg 225ff) does not require
the data from lethal take that is purportedly essential under JARPA II.
5.51. In summary,
Although a variety of empirical methods are in principle employed in
JARPA II, a majority of effort is devoted to lethal take for which there are
other, non-lethal methods that can provide nearly all of the same
information.
The lethal take data are not required for the RMP.
There are problems with the lethally derived data and many animals are
killed without providing any useable data.
Other tools (DNA and biochemical analyses from skin biopsies, satellite
tagging) can provide much the same information as that provided by lethal
take.
Japan has not demonstrated that its objective of developing an ecosystem
model (Para 5.8) is attainable with the data it collects through lethal
research.
JARPA II is insufficiently broad to test the krill surplus hypothesis, which
has been treated not as a hypothesis but as a proved theorem in most of
JARPA and all of JARPA II.
The reasoning that underlies the setting of sample sizes (the number of
animals killed) or the distribution of sampling effort is vague, unclear or
simply wrong at times.
In my opinion, JARPA II fails when measured against the second essential
characteristic of a program for purposes of scientific research in the context of
conservation and management of whales.
371A program for purposes of scientific research has periodic review of
research proposals and results and adjustment in response to those
reviews.
5.52. In the development of a program for the purposes of scientific research in
any applied context, the responsibility is on the proposers to demonstrate that the
objectives are important and attainable with the methods proposed and will
contribute to the applied problem. This should be done through peer review of
proposals and resulting papers. Although the proposals for JARPA and JARPA II
had some form of review within the Scientific Committee of the IWC, there is no
evidence that they went through rigorous and anonymous peer-review by experts
in the field or that the proposals were substantially changed in response to the
comments obtained in review.
5.53. Workers involved in JARPA began, and those in JARPA II continue with
and consistently defend the position that ‘lethal take is required’ (Ohsumi 1995)
with no demonstration of ability to change their minds or respond to feedback
when lethal take is discussed.
5.54. For example, in 1998 JARPA workers argued “Genetic analyses using
DNA can be conducted using biopsy sampling. However, the number of samples
required in studies on stock identification in the case of the southern minke whale
is large, and consideration of sampling collection should be taken into account”
(IWC 1998, pg 412). DNA technology has changed so much since 1998 that this
is no longer the case (Para 5.32) but there has been no change in the position of
workers in JARPA II to reflect this.
5.55. The vague justifications for setting sample sizes (Paras 5.39-5.48) and the
justification of lethal takes as a means of cost recovery (Ohsumi 1995) are
examples of assumptions and policies that come from outside the scientific
sphere. However, workers involved in JARPA and JARPA II have not exposed
these assumptions and policies.
5.56. In 2010, Japan submitted a list of the scientific contributions of JARPA
and JARPA II (and the north Pacific equivalents) to the IWC (Japan 2010). This
list shows 195 IWC Scientific Committee and other meeting documents and 107
peer-reviewed journal publications listed for JARPA and JARPA II.
5.57. I divided the roughly one-third (107 of 302) of the publications that were
peer-reviewed into categories of management (including genetic methods for
stock identification and humane killing, ecology (including environmental
toxicology), evolution and population genetics, and reproductive physiology or
lipid biochemistry. The papers on management and ecology are potentially
relevant to the objectives of JARPA and JARPA II, those in evolution less so, and
372those in reproductive physiology or biochemistry not even mentioned in the
objectives.
5.58. Of these peer-reviewed publications, slightly less than half (51 of 107)
deal with management or ecology. That is, only about one-sixth (one-half of one-
third, or around 15%) of the articles are peer-reviewed and potentially relevant to
the broadly stated objectives. Only about one-fourth of the papers in management
or ecology appear in the ecological literature outside of IWC publications. In
short, 1/12 (one-quarter of one-third) of the publications dealing with whale
ecology and management have appeared in literature outside IWC publications.
5.59. Nearly 40% (39 of 107) of the peer-reviewed articles relate to reproductive
physiology, or lipid biochemistry, which could be viewed as representing an
opportunistic use of samples obtained because of the use of lethal methods.
However, it is not clear how the knowledge about in vitro fertilization of minke
whale eggs with previously frozen sperm, attempts to inject sperm into frozen and
then thawed eggs, or to mature minke whale eggs in vitro are even remotely
relevant to the objectives of JARPA or JARPA II as set out in the proposals for
those programs.
5.60. Japan has asserted (IWC 2007) “that for ethical reasons, many western
scientific journals refuse to accept papers based on lethal studies of whales”. Since
there is no supporting information for this assertion, it is difficult to determine
how frequently such refusals occur and if they are based on the purported ethical
reasons or the objective quality of the submitted work.
5.61. I note, however, that the IWC’s journal The Journal of Cetacean Research
and Management and Marine Mammal Science (see Para 4.36) both publish
papers based on lethal studies, as long as the work is of sufficient quality and was
conducted legally. Some more general journals, such as Animal Behavior do not
consider work based on lethal studies, but others, for example Oecologia or Polar
Biology, do consider work based on lethal studies.
5.62. In summary,
The review of proposals for JARPA and JARPA II has been weak and the
response to reviews even weaker.
Workers in JARPA and JARPA II have not demonstrated an ability to
respond to criticism or to admit being wrong.
Workers in JARPA and JARPA II have not exposed assumption and
policies that come from outside sources.
Only about 15% of the papers produced by JARPA and JARPA II appear
in peer-reviewed literature and are relevant to the objectives as laid out in
the proposals.
373In my opinion, JARPA II fails when measured against the third essential
characteristic of a program for purposes of scientific research in the context of
conservation and management of whales.
A program for purposes of scientific research in the context of
conservation and management of whales is designed to avoid
adverse effects on the stocks being studied
5.63. Estimates of the number of minke whales in the Southern Ocean have
fluctuated considerably and are still highly uncertain, but for the purposes of this
paper one may consider the estimate to be of the order of magnitude of 300,000-
500,000 individuals (Gambell 1999, Gillespie 2005). Minke whale takes from
1974 to 1984 were of the order of 5,000 per year, and takes during the eighteen
years of JARPA averaged just over 435 individuals per year. Under JARPA II, the
takes number around 550 animals per year.
5.64. It was assumed in JARPA, and continues to be assumed in JARPA II, that
lethal takes will have no effect on the dynamics of the stock (Nakamura 1991,
1993; Nakamura et al 1993). The danger is that this is a self-fulfilling prophecy:
when one analyzes data assuming that there is no effect of the catch on the
dynamics of the stock, then one will be forced to draw that conclusion since it is
built into the analysis itself. Put another way: the assumption of no effect of
research takes on populations is a preconceived conclusion.
5.65. Furthermore, if there are multiple local populations within the sampling
area of JARPA II, the possibility exists that takes are unevenly distributed across
different local populations, which can lead to different impacts. While unlikely,
some depletion of small populations could be occurring and JARPA II would not
be able to measure or monitor such impacts.
5.66. Using the estimated overall population size may be misleading for another
reason. JARPA and JARPA II sample minke whale schools that are typically 1-4
individuals, containing a mixture of mature and immature individuals (Kato et al
1989, Fujise et al 1993, Kasamatsu et al 1993, Nishiwaki et al 2005). In
population biology there is a phenomenon known as the Allee effect (Courchamp
et al 2008, Mangel et al 2010) in which once the size of the population becomes
sufficiently small (for example through anthropogenic effects) the population
continues to decline, even if the original reason for the decline is removed. There
are many causes for of Allee effects (Courchamp et al 2008), one of which is the
disruption of social structure as would happen by removing individuals from
small schools. The importance of social structure in minke whale feeding schools
is still uncertain, but there is no mention in any of the JARPA or JARPA II
literature of Allee effects, and nor of any efforts made to confirm that the
populations under consideration do not show Allee effects.
3745.67. In summary,
Japan has not shown that JARPA II will not adversely affect the stocks,
instead, it simply assumes that this will be so;
There may be a whole range of indirect effects on the populations that are
not even considered in JARPA II.
A well-designed program of research would recognize these possibilities
and check for them, even if the likelihood of an adverse effect on the
overall population were small.
Thus, I consider that JARPA II is inconsistent with the fourth characteristic of a
program for purposes of scientific research in the context of conservation and
management of whales.
3756. CONCLUSION
6.1. A program for purposes of scientific research in the context of
conservation and management of whales must do much more than simply collect
data; the data must be capable of forming the basis of new knowledge. Indeed,
methods that generate the most data often do not generate the most knowledge.
JARPA is an example of an activity that collected data but which failed to
generate additional knowledge. On the basis of the materials I have reviewed, I
consider that JARPA II will continue as an activity for the collection of data but,
similarly to JARPA, will contribute little new knowledge relevant to the
conservation and management of whales.
6.2. Scientific research work should begin with a question as opposed to an
answer, since retrofitting a problem to a solution is almost never a good approach.
Most importantly, the collection of data should never begin until one knows how
it will be analyzed and used. Both JARPA and JARPA II began with an answer
that lethal take is required and without clear plans of how data were to be/or will
be analyzed or used.
Defined and achievable objectives that aim to contribute knowledge that is
important to the conservation and management of whales
6.3. In 2005 the objectives of JARPA II were:
a) monitoring of the Antarctic ecosystem (including whales, krill and the
feeding ecology of whales, and the effects of contaminants of cetaceans,
monitoring of cetacean habitat);
b) modeling competition among whale species (including constructing a
model of competition among whale species and new management
objectives including the restoration of the cetacean ecosystem);
c) elucidation of temporal and spatial changes in stock structure; and
d) improving the management procedure for Antarctic minke whale stocks.
6.4. These objectives are based on considerable science by assertion, in which
claims are stated as if they were demonstrated through rigorous study but actually
are not.
6.5. The objectives of JARPA II are extremely broad and lack focus.
Experience with JARPA suggests that the broad and vague objectives of JARPA
II effectively allow any activity, and are used to provide justification for lethal
take.
3766.6. The RMP of the IWC provides a practical and well-tested approach for the
management of future Southern Ocean whaling. It is an excellent compromise
between the complexity of the model and the availability of data, and is capable of
dealing with the high levels of uncertainty in the Southern Ocean ecosystem.
6.7. The data that are proposed for collection during JARPA II are not required
for the RMP and the information on stock mixing (which is today better collected
through combinations of satellite tagging and genetic analysis) will only
peripherally contribute to any reconsideration of IWC regulations concerning
stocks. Thus, the potential applicability of JARPA II to the RMP is low, if it
exists at all.
6.8. In my opinion, JARPA II fails to meet the first criterion to characterize it
as program for purposes of scientific research in the context of conservation and
management of whales.
Appropriate methods that are likely to achieve the stated objectives,
including:
i. letalethod only where the objectives of the research cannot be
achieved by any other means (for example, by the analysis of
existing data and/or the use of non-lethal research techniques);
ii. setting sample sizes using accepted statistical methodology; and
iii. linking mathematical and statistical models to data consistently;
6.9. The methodology of JARPA II includes modeling, sighting surveys,
biopsies, and lethal take. However, the expressed requirement for lethal take is
science by assertion and the contribution of JARPA II as a field program to
management models is not demonstrated.
6.10. The mathematical models proposed in association with JARPA II are, to a
very large extent, independent of the field data collected in JARPA II, especially
the lethal data.
6.11. Sighting surveys, biopsies, and modeling are all effective empirical tools
that are available to address the currently stated objectives. Lethal take is not
required to meet the objectives of JARPA II.
6.12. Even if lethal take were required, the process for setting sample sizes of
lethal take in JARPA II is not based on solid statistical reasoning or analyses of
the accuracy required to meet objectives.
6.13. In my opinion, JARPA II fails to meet the second criterion to characterize
it as program for purposes of scientific research in the context of the conservation
and management of whales.
377Periodic review of research proposals and results and adjustment in
response to such review.
6.14. Most of the work conducted in association with JARPA and JARPA II is
published outside the standard peer-review process. Much of the work tha
t is
published in standard peer-reviewed literature is on physiology and biochemistry
of reproduction in whales, topics irrelevant to the stated objectives of JARPA and
JARPA II. Only about 15% of the papers resulting from JARPA and JARPA II
are both peer-reviewed and relevant to stated objectives.
6.15. Scientists in JARPA and JARPA II have demonstrated an unwillingness to
change their minds, particularly with respect to the asserted requirement for lethal
take.
6.16. In my opinion, JARPA II fails to meet the third criterion characterizing a
program for purposes of scientific research in the context of conservation and
management of whales.
Is designed to avoid adverse effects on the stocks being studied
6.17. There is no record that JARPA II is designed with any attention directed to
avoiding unintended consequences.
6.18. In my opinion, JARPA II fails to meet the fourth criterion characterizing a
program for purposes of scientific research in the context of conservation and
management of whales.
Overall Assessment of JARPA II
6.19. JARPA II is an activity that collects data in the Southern Ocean.
However, by reference to standard accepted practice of science and the IWC
Special Permit criteria, it is not a program for purposes of scientific research in the
context of conservation and management of whales.
3787. LITERATURE CITED
Ainley, D.G., Clarke, E.D., Arrigo, K., Fraser, W.R., Kato, A., Barton, K.J., and P.R.
Wilson. 2005. Decadal-scale changes in the climate and biota of the Pacific sector of the
Southern Ocean, 1950s to the 1990s. Antarctic Science 17:171-182
Ainley, D., Ballard, G., Ackley, S., Blight, L.K., Eastman, J.T., Emslie, S.D., Lescroel, A.
Olmastroni, S., Townsend, S.E., Tynan, C.T., Wilson, P. and E. Woehler. 2007.
Paradigm lost, or is top-down forcing no longer significant in the Antarctic marine
ecosystem? Antarctic Science 19:283-290
Awruch, C.A., Frusher, S.D., Pankhurst, N.W., and J.D. Stevens. 2008. Non-lethal
assessment of reproductive characteristics for management and conservation of sharks.
Marine Ecology Progress Series 355:277-285
Bannister, J.L. 2002. Baleen whales. Pg 62-72 in Encyclopedia of Marine Mammals.
(W.F. Perin, B. Wursig, and J.G.M. Thewissen, editors). Academic Press, San Diego
Bannister, J.L., Pastene, L.A. and Burnell, S.R. 1999. First record of movement of a
southern right whale (Eubalaena australis) between warm water breeding grounds and
the Antarctic ocean, South of 60°S. Marine Mammal Science 15(4): 1337-1342
Branch, T.A., Matsuoka, K., and T. Miyashita. 2004. Evidence for increases in Antarctic
blue whales based on Bayesian modeling. Marine Mammal Science 20:726-754
Burt, M and Borchers D.l. Minke whale abundance estimated from the 1991/92 and
1992/93 JARPA sighting surveys. Documents submitted to the 1997 interim JARPA
review. SC/M97/21. SC/M97/23
Clapham, P.J. and C.S. Baker. 2002. Whaling, modern. Pg 1328-1332 in Encyclopedia of
Marine Mammals. (W.F. Perin, B. Wursig, and J.G.M. Thewissen, editors). Academic
Press, San Diego
Childerhouse, S., Gales, N., Baker, C. S., Bass, C., Berggren, P., Bickham, J., Breiwick,
J., Brownell, R., Carlson, C., Charrassin, J-B., Cipriano, F., Clapham, P., Collins, T.,
Cooke, J., Cozzi, B., Dinter, W., Engel, M., Findlay, K., Fortuna, C., Funahashi, N.,
Gedamke, J., Groch, K., Iniguez, M., Kasuya, T., Kell, L., Kock, K-H., Krahn, M.,
Leaper, R., LeDuc, R., Mattila, D., Moore, S., Northridge, S., Olavarria, C., Palazzo, J.,
Panigada, S., Parsons, C., Perrin, W., Pomilla, C., Porter, L., Reijnders, P., Ridoux, V.,
Ritter, F., Robbins, J., Rogan, E., Rojas, L., Rose, N., Rosenbaum, H., Rowles, T., Sadler,
L., Secchi, E., Senn, D., Simmonds, M., Sironi, M., Stachowitsch, M., Thiele, D., Urban,
J., Wade, P., Van Waerebeek, K., Waples, R., Weinrich, M., Williams, R., Wilson, B.,
Zerbini, A. 2006. Comments on the government of Japan’s proposal for a second phase of
special permit whaling in Antarctic (JARPAII). J. Cetacean Res. Manage. 8
(Supplement): 260-261
Clark, C.W. 2006. The Worldwide Crisis in Fisheries. Economic Models and Human
Behavior. Cambridge University Press, Cambridge, UK
379Clark, C.W. 2010. Mathematical Bioeconomics. The Mathematics of Conservation. Third
Edition. John Wiley & Sons, New York
Cooke, J. G. 1995. The International Whaling Commission’s Revised Management
Procedure as an example of a new approach to fishery management. Developments in
Marine Biology 4 (Whales, seals, fish and man [AS Blix, L Walløe, and Ø. Ulltang,
editors], Elsevier, Amsterdam): 646-657
Courchamp, F., Berek, L. and J. Gascoigne. 2008. Allee Effects in Ecology and
Conservation. Oxford University Press, Oxford, UK
de la Mare, W.K. 1985. On the estimation of mortality rtes from whale age data, with
paraticular reference to Minke Whales (Balaenoptera acutorostrata) in the Southern
Hemisphere. Rep. int. Whal. Commn 35:239-250
de la Mare, W.K. 1986a. The sensitivity of MSY to the parameters of the Baleen whale
model. Rep. int. Whal. Commn 36:425-427
de la Mare, W.K. 1986b. Fitting population models to time series of abundance data. Rep.
int. Whal. Commn 36:399-418
de la Mare, W.K. 1986c. Simulation studies of management procedures. Rep. int. Whal.
Commn 36:429-450
Donovan,G.P. 2002. International Whaling Commission. Pg 637-642 in Encyclopedia of
Marine Mammals. (W.F. Perin, B. Wursig, and J.G.M. Thewissen, editors). Academic
Press, San Diego
Fedak, M. Marine animals as platforms for oceanographic sampling: a ‘win/win’ situation
for biology and operational oceanography. Memoirs of the National Institute of Polar
Research, Special Issue, 58:133-147
Freitas, C., Lydersen, C., Fedak, M.A., and K.M. Kovacs. 2008. A simple new algorithm
to filter marine mammal Argos locations. Marine Mammal Science 24:315-325
Fujise, Y., Ishikawa, H., Saino, S., Nagano, M., Ishii, K., Kawaguchi, S., Tanifuji, S.,
Kawashima, S. and Miyakoshi H. 1993. Cruise report of the 1991/92 Japanese research in
Area IV under the special permit for Southern Hemisphere minke whales. Rep. int. Whal.
Commn 43: 357-371
Gambell, R. 1999. The International Whaling Commission and the contemporary
whaling debate. pg 179-198 in Conservation and Management of Marine Mammals (J.R.
Twiss and R.R. Reeves, editors). Smithsonian Institution Press, Washington, DC
Gillespie, A. 2005. Whaling Diplomacy. Edward Elgar, Cheltenham UK &
Northamption, MA, USA
Gopnik, A. 2009. Angels and Ages. Alfred A. Knopf, New York
Grinnell, F. Everday Practice of Science. Where Intuition and Passion Meet Objectivity
and Logic. Oxford University Press, Oxford and New York.
Harrison, S., Quinn, J.F., Baughman, J.F., Murphy, D.D., and P.R. Ehrlich. 1991.
Estimating the effects of scientific study on two butterfly populations. American
380Naturalist 137:227-243
Hatanaka, H., Morishita, J., Goodman, D., Pastene, L.A., and Y.Fujise. 2006. Response
to Appendix 2 [Childerhouse et al 2006]. J. Cetacean Res. Manage. 8 (Supplement): 262-
264
Hilborn, R. and M. Mangel. 1997. The Ecological Detective. Confronting Models with
Data. Princeton University Press, Princeton, NJ
Holt, S. 2004. Forward to the 2004 printing. Pg i-xxiii in R.J.H. Beverton and S.J. Holt.
On The Dynamics of Exploited Fish Populations. Blackburn Press. Caldwell, NJ, USA
Ishikawa, H., Goto, M., Ogawa, T., Bando, T., Kiwada, H., Isoda, T., Kumagai, S., Mori,
M., Tsunekawa, M., Ohsawa, T., Fukutome, T.,K., Koyanagi, T., Kandabashi, S.,
Kawabe, S., Sotomura, N., Matsukura, R., Kato, K., Matsumoto, A., Nakai, K.,
Hasegawa, M., Mori, T., Yoshioka, S., and T. Yoshida. 2008. Cruise Report of the
Second Phase of the Japanese Whale Research Program under Special Permit in the
Antarctic (JARPAII) in 2007/2008’, Japan, 2000 estimated, IWC Doc. SC/60/O4
IWC. 1995. 1994 Report of the Scientific Committee, Rep. int. Whal. Commn 45, 1995,
80-85
IWC. 1998. Report of the Intersessional Working Group to Review Data and Results
from Special Permit Research on Minke Whales in the Antarctic, Tokyo, 12-16 May
1997. (SC/49/Rep1):377-412
IWC. 2007. Report of the 58 thAnnual Meeting.
IWC 2007a. ‘Report of the Intersessional Workshop to Review Data and Results from
Special Permit Research on Minke Whales in the Antarctic, Tokyo 4-8 December 2006’,
IWC Doc. SC/59/REP1
th
IWC 2007b. Report of the 58 Annual Meeting, pp 6, 16-17, 39-45
IWC 2009. Process for the review of special permit proposals and research results from
existing and completed permits. J. Cetacean Res. Manage. 11 (Suppl). 2009: 398-401
Japan. 1987. ‘The Program for Research on the Southern Hemisphere Minke Whale and
for Preliminary Research on the Marine Ecosystem in the Antarctic’, Japan, March 1987,
IWC Doc. SC/39/04
Japan. 1987a. ‘The Research Plan for the Feasibility Study on “The Program for Research
on the Southern Hemisphere Minke Whale and for Preliminary Research on the Marine
Ecosystem in the Antarctic”’, Japan, October 1987, IWC Doc. SC/D87/1
Japan 2000. ‘The 2000/2001 Research Plan for the Japanese Whale Research Program
Under Special Permit in the Antarctic (JARPA)’, Japan, April 2000, IWC Doc. SC/52/O2
Japan. 2005. ‘Plan for the Second Phase of the Japanese Whale Research Program under
Special Permit in the Antarctic (JARPA II) – Monitoring of the Antarctic Ecosystem and
Development of New Management Objectives for Whale Resources’, Japan, 2005
estimated, IWC Doc. SC/57/01
381Japan. 2010. Scientific contributions of JARPA/JARPA II and JARPN/JARPN II. IWC
Doc. 62/20.
Jenkins, S.H. 2004. How Science Works. Evaluating Evidence in Biology and Medicine.
Oxford University Press, New York
Karentz D, Bosch I. 2001. Influence of ozone-related increases in ultraviolet radiation on
Antarctic marine organisms. American Zoologist 41:3-16.
Kasamatsu, F., Yamamoto, Y., Zenitani, R., Ishikawa, H., Ishibashi, T., Sato, H.,
Takashima, K. and Tanifuji, S. 1993. Report of the 1990/91 southern minke whale
research cruise under scientific permit in Area V. Rep. int. Whal. Commn 43: 505-522
Kato, H., Hiroyama, H., Fujise, Y. and Ono, K. 1989. Preliminary report of the 1987/88
Japanese feasibility study of the special permit proposal for Southern Hemisphere minke
whales. Rep. int. Whal. Commn 39: 235-248
Kirkwood, G.P. 1992. Background to the development of Revised Management
Procedures. Reports of the International Whaling Commission 42:236-243
Kunito, T., Watanabe, I., Yasunaga, G., Fujise, Y. and Tanabe, S. 2002. Using trace
elements in skin to discriminate the populations of minke whale in southern hemisphere.
Marine Environmental Research 53: 175-1
Larkin, P. 1977. An epitaph for the concept of maximum sustained yield. Transactions of
the American Fisheries Society 106:1-11
Laws, R.M. 1977a. Seals and whales of the Southern Ocean. Philosophical Transactions
of the Royal Society B 279:81-96
Laws, R.M. 1977b. The significance of vertebrates in the Antarctic Marine Ecosystem.
Pg 411-438 in Adaptations Within Antarctic Ecosystems. Proceedings of the 3 rdSCAR
Symposium on Antarctic Biollogy . G.A. Llano editor. Smithsonian Institution,
Washington, DC.
Lockyer, C. 1974. Investigation of the ear plug of the southern sei whale, Balaenoptera
borealis, as a valid means of determining age. Journal of the International Council for
the Exploration of the Seas 36:71-81
Lockyer, C. 1976. Body weights of some species of large whales. Journal of the
International Council for the Exploration of the Seas 36:259-273-81
Lockyer, C. 2010. Report of the Antarctic Minke whale ear plug experiment. IWC Doc.
SC/62/IA11 (with an associated spreadsheet)
Ludwig, D. and C.J. Walters. 1985. Are age-structured models appropriate for catch-
effort data? Canadian Journal of Fisheries and Aquatic Sciences 42:1066-1072
Mackintosh, N.A. 1965. The Stocks of Whales. Fishing News Books, London
Mangel, M. 2010. Scientific inference and experiment in Ecosystem Based Fishery
Management, with application to Steller sea lions in the Bering Sea and Western Gulf of
Alaska. Marine Policy 34:836-843
382Mangel, M. 2010a. Review of C.W. Fowler Systemic Management: Sustainable Human
Interactions with Ecosystems and the Biosphere Marine Mammal Science 26:757-760
Mangel, M., Marinovic, B., Pomeroy, C., and D. Croll. 2002. Requiem for Ricker:
Unpacking MSY. Bulletin of Marine Science 70: 763-781
Mangel, M., Brodziak J.K.T., and G. DiNardo, 2010. Accounting for Variation in Mortality
and Allee Effects When Computing Steepness for Strategic Fisheries Management. UCSC-
SOE-10-33. Available at http://www.soe.ucsc.edu/research/report?ID=1596
Mansour, A.A.H., McKay, D.W., Lien, J., Orr, J.C., Banoub, J.H. Øien, N. and S.
Stention2002. Determiniation of pregnancy status from blubber samples in minke whales
(Balaenoptera acutorostrata) Marine Mammal Science 18:112-120
Mate, B., Mesecar, R., and B. Lagerquist. 2007. The evolution of satellite-monitored radio
tags for large whales: One laboratory’s experience. Deep-Sea Research II 54:224-227
Mori, M. and Butterworth, D.S. 2006. A first step towards Modeling the krill-predator
dynamics of the Antarctic ecosystem. CCAMLR Science 13: 217-277
Morris, P. 1972, A review of mammalian age determination methods. Mammal Review
2:69-104
Murase, H., Matsuoka, K., Ichii, T. and Nishiwaki, S. 2002. Relationship between the
distribution of euphausiids and baleen whales in the Antarctic (35°E-145°W). Polar Biol
25: 135-145. document are available on the Institute of Cetacean Research website
(http://www.icrwhale.org/JARPAReview2.htm)
Murase, H., Nishiwaki, S., Ishikawa, H., Kiwada, H., Yoshida, T. and Ito, S., 2006. Results
of the cetacean prey survey using echo sounder in JARPA from 1998/99 to 2004/2005.
IWC Doc. SC/D06/J21
Nakamura, T. 1991. A new look at a Bayesian cohort model for time-series data obtained
from research takes of whales. Rep. int. Whal. Commn 41: 345-348
Nakamura, T. 1993. Two-stage Bayesian cohort model for time-series data to reduce bias in
the estimate of mean natural mortality rate. Rep. int. Whal. Commn 43: 343-348
Nicol, S., Croxall, J., Trathan, P., Gales, N., and E. Murphy. 2007. Paradigm misplaced?
Antarctic marine ecosystems are affected by climate change as well as biological processes
and harvesting. Antarctic Science 19:291-295
Nishiwaki, S., Ishikawa, H. and Fujise, Y., 2005. ’Review of general methodology and
survey procedure under the JARPA’, Japan, 2005 estimated, Government of Japan
document number JA/J05/JR2. available on the Institute of Cetacean Research website
(http://www.icrwhale.org/JARPAReview2.htm
Ohsumi, S. 1979. Population assessment of the Antarctic minke whale. Rep. int. Whal.
Commn 29:407-420
Ohsumi, S. 1995. The Necessity of Employing Lethal Methods in the Study of Whale
Resources. From ‘Research on Whales, ICR, 1995). Available at
http://luna.pos.to/whale/icr_rw_oh.html
383Ohsumi, S. 1997. Development of objectives in the JARPA. Paper in the submitted in
the interim review of JARPA
Pickett, S.T.A., Kolasa, J., and C.G., Jones. 2007. Ecological Understanding. The Nature
of Theory and the Theory of Nature. Academic Press/Elsevier, Amsterdam
Polanyi, M. 1969. The Republic of Science: Its political and economic theory. Pg 52-72
in Knowing and Being (M. Greene, editor). University of Chicago Press, Chicago, IL
Raymo, C. 1991. The Virgin and the Mousetrap. Essays in Search of the Soul of Science.
Viking, New York
Resnik, D.B. 2011. A troubled tradition. American Scientist 99:24-27
Ricker, W.E. 1975. Computation and Interpretation of Biological Statistics of Fish
Populations. Bulletin 191, Fisheries Research Board of Canada
Roe, H.S.J. 1967. Seasonal formation of laminae in the ear plug of the fin whale.
Discovery Reports 35:1-30
Rock, J., Pastene, L.A., Kaufman, G., Forestell, P., Matsuoka, K. and Allen, J. 2006. A
note on East Australia Group V Stock humpback whale movement between feeding and
breeding areas based on photo-identification. J. Cetacean Res. Manage. 8(3): 301-305
Tamura, T. and Konishi, K 2009. Feeding Habits and Prey Consumption of Antarctic
Minke Whale (Balaenoptera bonaerensis) in the Southern Ocean. Journal of Northwest
Atlantic Fishery Science 42: 13-25
Tanaka, S., Kasamatsu, F. and Fujise, Y. 1992. Likely precision of estimates of natural
mortality rates from Japanese research data for Southern Hemisphere minke whales. Rep.
int. Whal. Commn 42: 413-420
Tønnessen, J.N. and A.O. Johnsen. 1982. The History of Modern Whaling. University of
California Press, Berkeley and Los Angeles, CA
Valiela, I. 2001. Doing Science. Design, analysis, and communication of scientific
research. Oxford University Press, New York
Waples, R.S. and O.Gaggiotti. 2006. What is a population? An empirical evaluation of
some genetic methods for identifying the number of gene pools and their degree of
connectivity. Molecular Ecology 15:1419-1439
Wiedenmann, J., Creswell, K., and M. Mangel. 2008. Temperature-dependent growth of
Antarctic krill: predictions for a changing climate from a cohort model. Marine Ecology
Progress Series 358:191-202
3848. APPENDICES
Appendix A. Biographical Details Concerning Marc Mangel
(Web page: http://www.soe.ucsc.edu/~msmangel/)
Marc Mangel is Distinguished Professor of Applied Mathematics and Statistics, Jack
Baskin Endowed Professor of Technology and Information Management, and Director of
the Center for Stock Assessment Research at the University of California Santa Cruz,
where he has served since 1996. At Santa Cruz, he also directed the Geographic
Information Systems Laboratory (1996-1999), served as Associate Vice Chancellor,
Planning and Programs (1997-1999) and chaired the Department of Applied Mathematics
and Statistics (2007-09). Since 1 July 2010, he has also chaired the Program in
Technology and Information Management.
From 1980-1996, Mangel was at the University of California Davis, where he served as
Assistant, Associate and Full Professor for eight years in the Department of Mathematics
and eight years in the Department of Zoology/Section of Evolution and Ecology. He
chaired the Department of Mathematics (1984-1989) and was founding Director of the
Center for Population Biology (1989-1993).
His awards include the Koopman Paper Prize from the Operations Research Society of
America, 1982; JASA Applications Paper from the American Statistical Association,
1983; Joseph Myerhoff Fellowship, Weizmann Institute of Science, 1987; John Simon
Guggenheim Memorial Fellowship, 1987; Fulbright Senior Research Fellowship, Oxford
University, 1988; George Gund Foundation Distinguished Environmental Scholar, Case
Western Reserve University,1992; Distinguished Statistical Ecologist, International
Association for Ecology, 1998; Mote Eminent Scholar, Florida State University, 2000;
Fellow, California Academy of Sciences, 2000; Fellow American Association for the
Advancement of Science, 2003; UCSC Academic Senate Excellence in Teaching Award,
2003; Frohlich Fellow, CSIRO Hobart, 2006; Astor Lecturer, University of Oxford, 2007;
Kaeser Lecturer University of Wisconsin, 2008; Fellow of the Royal Society of
Edinburgh, 2009; the award for the best paper (out of 95) published in The Transactions
of the American Fisheries Society for 2009, for their work on life history models of
steelhead trout on the Central Coast of California, and Lamberson Ecology Trust Lecturer
Humboldt State University, 2010.
Mangel has numerous journal publications and books that include Decision and Control
in Uncertain Resource Systems (1985, Academic), Dynamic Modeling in Behavioral
Ecology (with Colin Clark, 1988, Princeton), The Ecological Detective. Confronting
models with data (with Ray Hilborn, 1997, Princeton University Press), Dynamic State
Variable Models in Ecology: Methods and Applications (with Colin Clark, 2000, Oxford
University Press), and The Theoretical Biologist's Toolbox. Quantitative methods for
ecology and evolutionary biology (2006, Cambridge, University Press). He edited
Classics of Theoretical Biology (A Special Issue of the Bulletin of Mathematical Biology.
Part I: Volume 52 Numbers 1,2. Part II: Volume 53, Numbers 1,2), Sex Allocation and
385Sex Change: Experiments and Models (Lectures on Mathematics in the Life Sciences,
Volume 22) and Proceedings of the Second International Symposium on Krill (Canadian
Journal of Fisheries and Aquatic Sciences 57(Supplement 3). He has supervised more
than 50 undergraduate research projects or senior theses, 20 PhD students and 28 post-
doctoral colleagues.
Mangel and Douglas Butterworth were the first two invited experts to the Scientific
Committee of the Commission for the Conservation of Marine Living Resources
(CCAMLR) and he served on the US delegation to CCAMLR in 1991. His work on
southern ocean krill has been supported by NOAA Fisheries (1994-97), the US National
Science Foundation (1998-2002) and the Lenfest Ocean Program (2006-2010). Mangel
served for six years (1990-1996) on the Committee of Scientific Advisors of the US
Marine Mammal Commission and in that role lead the effort to update the Principles for
the Conservation of Wild Living Resources (Mangel et al 1996). He served on the
Special Committee on Seals for the Natural Environment Research Council of the UK
from 2004-2011, chairing it from 2008-2011.
386Appendix B. Terms of Reference provided by the Government of
Australia
The focus of your report should be on the Second Phase of the Japanese Whale Research
Program under Special Permit in the Antarctic (JARPA II). However, your report should
draw on references to the First Phase of the Japanese Whale Research Program under
Special Permit in the Antarctic (JARPA), where it is relevant.
Your report should reflect your honest belief as to the issues and questions posed.
Please address the following matters/questions in your report:
a) identify and outline the essential characteristics of a program undertaken for
purposes of scientific research; and
b) provide a critical analysis of the objectives, methodologies and other features of
JARPA II and, in so doing, assess whether JARPA II has the essential
characteristics referred to in paragraph (a).
387Appendix C - Background Material Provided by the Government of
Australia
The Government of Australia provided the following material:
The International Convention for the Regulation of Whaling, 1946;
A range of IWC documents relating to special permit whaling, including
o resolutions of the Commission concerning special permit whaling and
JARPA and JARPA II from 1987 to 2007;
o relevant extracts of the annual reports of the Commission and Scientific
Committee from 1985 to 2009, including discussions on special permit
whaling and the RMP;
o reports of the IWC interim and final reviews of JARPA;
o summary of special permits issued 1951 to 1987;
A collection of documents prepared by the Government of Japan, including
o research proposals in relation to JARPA and JARPA II, from 1987 to
2005;
o cruise reports in relation to JARPA and JARPA II, from 1988 to 2010;
o special permits issued in relation to JARPA and JARPA II;
o report of the Government of Japan review meeting of JARPA, 18-20
January 2005;
o documents submitted to the IWC interim and final reviews of JARPA;
and
o publications listed on the Institute of Cetacean Research website.
In addition, I was provided with a range of scientific papers and publications. Any paper
cited appears in the list of Literature Cited.
388 LIST OF DOCUMENTS ANNEXED TO THIS
MEMORIAL
V OLUME II
TREATIES
1. The International Convention fo r the Regulation of Whaling, Washington
D.C., 2 December 1946, 161 UNTS 74 (entered into force 10 November
1948)
2. Convention for the Regulation of Whaling , Geneva, 24 September 1931,
155 LNTS 349 (entered into force 16 January 1935)
3. International Agreement for the Regulation of Whaling , London, 8 June
1937, 190 LNTS 79 (entered into force 7 May 1938)
4. Protocol amending the International Agreement on the Regulation of
Whaling, London, 24 June 1938, 196 LNTS 131 (entered into force 30
December 1938)
5. Protocol amending the International Agreement for the Regulation of
Whaling, London, 7 February 1944, UKTS 1946 No. 61 (Cmd. 6990)
(entered into force 5 October 1945)
6. Protocol amending the International Agreement for the Regulation of
Whaling of 8 June 1937 and the Protocol for the Regulation of Whaling of
24 June 1938 , London, 26 November 1945, 11 UNTS 43 (entered into
force 3 March 1947)
IWC DOCUMENTS
Resolutions
7. Resolution on Scientific Permits, Appendix 2, Chairman’s Report of the
Thirty-Seventh Annual Meeting, Rep. int. Whal. Commn 36, 1986, 26
8. Resolution on Republic of Korea’s Proposal for Special Permits, Appendix
2, Chairman’s Report of the Thirty-Ninth Annual Meeting, Rep. int. Whal.
Commn 38, 1988, 28
3899. Resolution on Icelandic Proposal for Scientific Catches, Appendix 3,
Chairman’s Report of the Thirty-Ninth Annual Meeting, Rep. int. Whal.
Commn 38, 1988, 28
10. Resolution on Japanese Proposal for Special Permits, Appendix 4,
Chairman’s Report of the Thirty-Ninth Annual Meeting, Rep. int. Whal.
Commn 38, 1988, 29
11. Resolution on Norwegian Proposal fo r Special Permits, Appendix 1,
Chairman’s Report of the Fortieth Annual Meeting, Rep. int. Whal.
Commn 39, 1989, 30
12. Resolution on the Icelandic Proposal fo r Scientific Catches, Appendix 2,
Chairman’s Report of the Fortieth Annual Meeting, Rep. int. Whal.
Commn 39, 1989, 30-31
13. Resolution on the Issuance of Special Permits for the Purposes of
Scientific Research, Appendix 3, Chairman’s Report of the Fortieth
Annual Meeting, Rep. int. Whal. Commn 39, 1989, 31
14. Resolution on the Icelandic Proposal fo r Scientific Catches, Appendix 1,
Chairman’s Report of the Forty-First Annual Meeting, Rep. int. Whal.
Commn 40, 1990, 35
15. Resolution on Norwegian Proposal fo r Special Permits, Appendix 2,
Chairman’s Report of the Forty-First Annual Meeting, Rep. int. Whal.
Commn 40, 1990, 36
16. Resolution on the Proposed Take by Japan of Whales in the Southern
Hemisphere under Special Permit, A ppendix 3, Chairman’s Report of the
Forty-First Annual Meeting, Rep. int. Whal. Commn 40, 1990, 36
17. Resolution on Norwegian Proposal fo r Special Permits, Appendix 1,
Chairman’s Report of the Forty-Second Meeting, Rep. int. Whal. Commn
41, 1991, 47
18. Resolution on Special Permit Catches by Japan in the Southern
Hemisphere, Appendix 2, Chairman’s Report of the Forty-Second
Meeting, Rep. int. Whal. Commn 41, 1991, 47-48
19. Resolution on Special Permit Catches by Japan in the Southern
Hemisphere, Appendix 2, Chairman’s Report of the Forty-Third Meeting,
Rep. int. Whal. Commn 42, 1992, 46
20. Resolution on USSR Proposal for Speci al Permit Catches in the North
Pacific, Appendix 3, Chairman’s Report of the Forty-Third Meeting, Rep.
int. Whal. Commn 42, 1992, 47
39021. Resolution on Special Permit Catches by Japan in the Southern
Hemisphere, Appendix 7, Chairman’s Report of the Forty-Fifth Annual
Meeting, Rep. int. Whal. Commn 44, 1994, 33
22. Resolution on Norwegian Proposal fo r Special Permits, Appendix 8,
Chairman’s Report of the Forty-Fifth Annual Meeting, Rep. int. Whal.
Commn 44, 1994, 33
23. Resolution on Scientific Permits, Resolution 1994-8, Appendix 15,
Chairman’s Report of the Forty-Sixth Annual Meeting, Rep. int. Whal.
Commn 45, 1995, 46-47
24. Resolution on Special Permit Catches by Japan in the North Pacific,
Resolution 1994-9, Appendix 15, Chairman’s Report of the Forty-Sixth
Annual Meeting, Rep. int. Whal. Commn 45, 1995, 47
25. Resolution on Special Permit Catches by Japan in the Southern
Hemisphere, Resolution 1994-10, Appendix 15, Chairman’s Report of the
Forty-Sixth Annual Meeting, Rep. int. Whal. Commn 45, 1995, 47
26. Resolution on Special Permit Catches by Norway, Resolution 1994-11,
Appendix 15, Chairman’s Report of the Forty-Sixth Annual Meeting, Rep.
int. Whal. Commn 45, 1995, 48
27. Resolution on Whaling under Special Permit in Sanctuaries, Resolution
1995-8, Chairman’s Report of the Forty-Seventh Annual Meeting, Rep.
int. Whal. Commn 46, 1996, 46
28. Resolution on Special Permit Catches by Japan, Resolution 1996-7,
Appendix 7, Chairman’s Report of the Forty-Eighth Annual Meeting, Rep.
int. Whal. Commn 47, 1997, 51-52
29. Resolution on Special Permit Catches in the Southern Ocean by Japan,
Resolution 1997-5, Appendix 5, Chairman’s Report of the Forty-Ninth
Annual Meeting, Rep. int. Whal. Commn 48, 1998, 47
30. Resolution on Special Permit Catches in the North Pacific by Japan,
Resolution 1997-6, Appendix 6, Chairman’s Report of the Forty-Ninth
Annual Meeting, Rep. int. Whal. Commn 48, 1998, 48
31. Resolution on Whaling under Speci al Permit, Resolution 1998-4,
Appendix 4, Chairman’s Report of the Fiftieth Annual Meeting, Annual
Report of the International Whaling Commission 1998, 43
32. Resolution on Whaling under Speci al Permit, Resolution 1999-3,
Appendix 4, Chairman’s Report of the Fifty-First Annual Meeting, Annual
Report of the International Whaling Commission 1999, 52-53
39133. Resolution on Whaling under Special Permit in the Southern Ocean
Sanctuary, Resolution 2000-4, Appendi x 1, Chairman’s Report of the
Fifty-Second Annual Meeting, Annual Report of the International Whaling
Commission 2000, 56
34. Resolution on Whaling under Special Pe rmit in the North Pacific Ocean,
Resolution 2000-5, Appendix 1, Chairman’s Report of the Fifty-Second
Annual Meeting, Annual Report of the International Whaling Commission
2000, 56
35. Resolution on Southern Hemisphere Minke Whales and Special Permit
Whaling, Resolution 2001-7, Annex C, Chair’s Report of the Fifty-Thir
d
Annual Meeting, Annual Report of the International Whaling Commission
2001, 57
36. Resolution on Expansion of JARPN II Whaling in North Pacific,
Resolution 2001-8, Annex C, Chair’s Re port of the Fifty-Third Annual
Meeting, Annual Report of the International Whaling Commission 2001,
57
37. Berlin Initiative on Strengthening the Conservation Agenda of the
International Whaling Commission, Resolution 2003-1, Annex C, Chair’s
Report of the Fifty-Fifth Annual Meeting, Annual Report of the
International Whaling Commission 2003, 58
38. Resolution on Whaling under Special Permit, Resolution 2003-2, Annex F,
Chair’s Report of the Fifty-Fifth Annual Meeting, Annual Report of the
International Whaling Commission 2003, 102
39. Resolution on Southern Hemisphere Minke Whales and Special Permit
Whaling, Resolution 2003-3, Annex G, Chair’s Report of the Fifty-Fifth
Annual Meeting, Annual Report of the International Whaling Commission
2003, 103
40. Resolution on JARPA II, Resolution 2005-1, Annex C, Chair’s Report of
the Fifty-Seventh Annual Meeting, Annual Report of the International
Whaling Commission 2005, 1
41. Resolution on JARPA, Resolution 2007-1, Annex E, Chair’s Report of th
e
Fifty-Ninth Annual Meeting, Annual Report of the International Whaling
Commission 2007, 90
IWC Guidelines on Special Permit Whaling
42. Proposed Guidelines for Review of Scientific Permits, Annex L, Report of
the Scientific Committee, Rep. int. Whal. Commn 36, 1986, 133
39243. Resolution on Special Permits for Scientific Research, Appendix 2,
Chairman’s Report of the Th irty-Eighth Annual Meeting, Rep. int. Whal.
Commn 37, 1987, 25
44. Resolution on Scientific Research Programmes, Appendix 1, Chairman’s
Report of the Thirty-N inth Annual Meeting, Rep. int. Whal. Commn 38,
1988, 27-28
45. Review of Scientific Permits, Annex O, Report of the Scientific
Committee, Rep. int. Whal. Commn 39, 1989, 154
46. Resolution on Whaling under Specia l Permit, IWC Resolution 1995 9,
Appendix 10, Chairman’s Report of th e Forty-Seventh Annual Meeting,
Rep. int. Whal. Commn 46, 1996, 46-47
47. Resolution on Special Permits for Sc ientific Research, IWC Resolution
1999-2, Appendix 3, Chairman’s Report of the Fifty-First Annual Meeting,
Annual Report of the International Whaling Commission 1999, 52
48. Guidelines for the Review of Scientific Permit Proposals, Annex Y, Report
of the Scientific Committee, J. Cetacean Res Manage. 3 (Suppl.), 2001 ,
371-372
49. Process for the Review of Scientific Permits and Research Results from
Existing Permits, Annex P, Report of the Scientific Committee, J.
Cetacean Res. Manage. 11 (Suppl.), 2009, 398-401
Reports
50. Report of the Technical Committee Working Group on Socio-Economic
Implications and Small Type Coastal Whaling (1991) IWC/43/16
51. Report of the Scientific Committee, Rep. int. Whal. Commn 44, 1994, 47
52. Report of the Scientific Committee and Annex O1, Report of the Standing
Working Group on Scientific Permits, J. Cetacean Res. Manage. 8
(Suppl.), 2006, 48-52 and 259-264
IWC Circular Communications
53. IWC Circular Communication RG/EE/4613, “Amendments to the
Schedule adopted at the 34th Annual Meeting and an Objection by the
Government of Japan”, 5 Novemb er 1982 enclosing Note from the
Ambassador of Japan to the United Kingdom to the Secretary of the
International Whaling Commission, 4 November 1982
39354. IWC Circular Communication RG/VJH/16129, “Withdrawal of Objection
to Schedule Paragraph 10(e) by Japan”, 1 July 1986 enclosing Note f
rom
the Ambassador of Japan to the United Kingdom to the Secretary of the
International Whaling Commission, 1 July 1986
55. IWC Circular Communication RG/V JH/25435, “Japanese Objection to
Southern Ocean Sanctuary”, 15 August 1994, enclosing Note from the
Embassy of Japan to the Secretary of the International Whaling
Commission, 12 August 1994
56. IWC Circular Communication RG /VJH/25479, “Objection by Japan to
new Schedule sub-paragraph 7(b)”, 12 September 1994 enclosing Letter
from the Counsellor, Agriculture, Fo restry and Fisheries, Embassy of
Japan, London, to the Secretary of the International Whaling Commission,
7 September 1994
Cruise Reports
57. S Nishiwaki, et al., Cruise Report of the Second Phase of the Japanese
Whale Research Program under Special Permit in the Antarctic (JARPA
II) in 2005/2006 – Feasibility Study, SC/58/O7
58. S Nishiwaki, et al., Cruise Report of the Second Phase of the Japanese
Whale Research Program under Special Permit in the Antarctic (JARPA
II) in 2006/2007 – Feasibility Study, SC/59/O4
59. H Ishikawa, et al., Cruise Report of the Second Phase of the Japanese
Whale Research Program under Special Permit in the Antarctic (JARPA
II) in 2007/2008, SC/60/04
60. S Nishiwaki, et al., Cruise Report of the Second Phase of the Japanese
Whale Research Program under Special Permit in the Antarctic (JARPA
II) in 2008/2009, SC/61/O3
61. S Nishiwaki, et al ., Cruise Report of the Japanese Whale Research
Program under Special Permit in th e Antarctic – Second Phase (JARPA
II) in 2009/2010, SC/62/O3
Other
62. Concerns Regarding Scientific Permits, Appendix 2 to Annex O, Report of
the Scientific Committee, J. Cetacean Res. Manage. 6 (Suppl.), 2004, 364
394INTERGOVERNMENTAL AND M ULTILATERAL D OCUMENTS
63. Agreement between the United States of America and Japan concerning
commercial sperm whaling in the we stern division stock of the North
Pacific (with record of discussion) , (contained in Lett er from Yasushi
Murazumi, Chargé d’Affaires ad interim of Japan to Malcolm Baldrige,
United States Secretary of Commerce, 13 November 1984, and letter from
Malcolm Baldrige to Yasushi Murazumi, 13 November 1984), 2039
UNTS 35266 (Washington, 13 November 1984)
64. Aide Mémoire, Joint Démarche by Argentina, Australia, Austria, Belgium,
Brazil, Finland, France, Germany, Ireland, Italy, Mexico, Monaco, New
Zealand, Peru, Portugal, Spain, Sweden, the Netherlands, the United
Kingdom, June 2005
65. Aide Mémoire, Joint Démarche by Australia, Brazil, France, Mexico,
Portugal, Spain, the United Kingdom et al., January 2006
66. Aide Mémoire, Joint Démarche by Argentina, Australia, Austria, Belgium,
Brazil, Chile, the Czech Republic, Finland, France, Germany, Hungary,
Ireland, Italy, Luxembourg, Mexico, Monaco, the Netherlands, New
Zealand, Peru, Portugal, San Ma rino, Slovenia, Spain, Sweden,
Switzerland, the United Kingdom and the United States, 15 December
2006
67. Aide Mémoire, Joint Démarche by Australia, Argentina, Austria, Belgium,
Brazil, Chile, Costa Rica, Croatia, Czech Republic, Ecuador, the European
Commission, Finland, France, Germa ny, Greece, Ireland, Israel, Italy,
Luxembourg, Mexico, Monaco, the Neth erlands, New Zealand, Portugal,
San Marino, Slovak Republic, Sloveni a, Spain, Sweden, the United
Kingdom and Uruguay, “Objection to Japan’s Scientific Whaling”, 21
December 2007
A USTRALIAN GOVERNMENT DOCUMENTS
68. Australian Government Press Release, “Antarctica and Whaling”, 24
August 1936
U NITEDSTATES D OCUMENTS
69. Memorandum from the Informal Inter-agency Committee on the
Regulation of Whaling to the Commod ity Problems Committee, “Draft of
American Proposal for the International Whaling Conference, Washington,
395 November 20, 1946”, 15 October 1946, [excerpt – full document provided
separately]
70. Speech of Dean Acheson to the Opening Plenary Session of the
International Whaling Conference, 20 November 1946
71. Government of the United States, 1971 Pelly Amendment to the
Fisherman’s Protective Act of 1967, 22 USC § 1978
72. Government of the United States, 1979 Packwood-Magnuson Amendment
to the Fishery Conservation and Management Act of 1976, 16 USC § 1821
73. Government of the United States, Subcommittee on Human Rights and
International Organizations of the Committee on Foreign Affairs, United
States House of Representatives, Review of the 34th International Whaling
Commission Meeting, (16 September 1982) [evidence of Mr John Byrne,
United States IWC Commissioner extracted]
B OOKS AND A RTICLES
74. P Birnie, “Legal Aspects of Non-Consumptive Utilisation of Cetaceans”
(1983), extracts of unpublished paper pr esented at the Gl obal Conference
on the Non-Consumptive Utilisati on of Cetacean Resources, 1 and 5
[excerpt – full document provided separately]
75. G Satake, Japanese Fisheries and Overseas Fisheries Cooperation in the
Era of Globalisation , (Seizankdo-Shoten Publishing Co. Ltd, 1997)
[excerpts]
76. T Kasuya, “Considering the Whaling Problem”, (2005) 16 Ecosophia 56
[excerpts translated]
77. T Kasuya, “Japanese Whaling and Other Cetacean Fisheries”, (2007) 14(1)
Env. Sci. Pollut. Res. 39
78. S Ohsumi, Half a Century in Pursuit of the Whale – Proposals for a New
Era in Whaling , (Seizando-Shoten Publishi ng Co. Ltd, 2008) [excerpts
translated]
79. T Taniguchi, “Opinion. The Inside Stor y of Japan’s Whaling – What the
Media Doesn’t Tell Us. Taxpayer’s Money Spent, Friends Lost”, Wedge
(20 January 2009) at <http ://wedge.ismedia.jp/articles/-/721> on 15 April
2011 [excerpts translated]
80. M Komatsu, International Whale Wars , (PHP Institute Co. Ltd, 2010)
[excerpts]
39681. J Sakuma, “Rapidly rising whale meat stockpiles and the emergence of
hidden reserves: Freezers excluded from official statistics and Icelandic fin
whale meat”, IKA-NET News 47 (January 2011)
V OLUME III
JAPANESE G OVERNMENT DOCUMENTS AND STATEMENTS
Special Permits
82. Special Permit No. 17-SUIKAN-2389 of 1 November 2005
83. Special Permit No. 18-SUIKAN-2610 of 13 November 2006
84. Special Permit No. 19-SUIKAN-1911 of 7 November 2007 [incomplete
record held by the International Whaling Commission]
85. Special Permit No. 20-SUIKAN-1727 of 5 November 2008
86. Special Permit No. 21-SUIKAN-1605 of 12 November 2009
87. Special Permit No. 22-SUIKAN-1577 of 29 November 2010
Japanese Parliamentary Materials
88. Government of Japan, National Diet Debates , House of Councillors -
Budget Committee - No. 10, 17 March 1982 [excerpt]
89. Government of Japan, National Diet Debates, House of Representatives -
Agriculture, Forestry and Fisher ies Committee - No. 24, 4 August 1982
[excerpts]
90. Government of Japan, National Diet Debates, House of Representatives -
Agriculture, Forestry and Fisher ies Committee - No. 2, 11 October 1983
[excerpt]
91. Government of Japan, National Diet Debates, House of Representatives -
Foreign Affairs Committee - No. 18, 1 August 1984 [excerpt]
92. Government of Japan, National Diet Debates, House of Representatives -
Agriculture, Forestry and Fisher ies Committee - No. 27, 2 August 1984
[excerpts]
39793. Government of Japan, National Diet Debates, House of Representatives -
Agriculture, Forestry and Fisher ies Committee - No. 28, 7 August 1984
[excerpts]
94. Government of Japan, National Diet Debates , House of Councillors -
Agriculture, Forestry and Fisher ies Committee / Closed - No. 1, 4
September 1984 [excerpt]
95. Government of Japan, National Diet Debates, House of Representatives -
Agriculture, Forestry and Fisheries Committee - No. 2, 18 December 1984
[excerpt]
96. Government of Japan, National Diet Debates , House of Councillors -
Foreign Affairs Committee - No. 11, 16 May 1985 [excerpt]
97. Government of Japan, National Diet Debates, House of Representatives -
Agriculture, Forestry and Fisher ies Committee - No. 6, 7 April 2010
[excerpt]
Other Japanese Government Documents and Statements
98. Whaling Issues Study Group, R eport on Preferred Future Directions for
Japan’s Whaling, (July 1984) in New Policy Monthly (August 1984) 108
99. Institute of Cetacean Research (J uridical Foundation) - Deed of
Endowment, (30October 1987 as amende d on 20 October 1999), at
Institute of Cetacean Research website, <http://www.icrwhale.org/
kifu.pdf> on 16 April 2011 [excerpts translated]
100. Government of Japan, Cetacean Research Capture Project Implementation
Guidelines, Directive issued by order of the Administrative Vice-Minister
for Agriculture, Forestry and Fish eries, 62 Sea Fisheries No. 3775, (17
December 1987)
101. Government of Japan, Re: Implementation of the Cetacean Research
Capture Project, Directive of the Director-Gen eral of the Japan Fisheries
Agency, 1987 Sea Fisheries No. 3777, (17 December 1987 as updated on
28 March 2007)
102. Government of Japan, “Report to the Working Group on Socio-Economic
Implications of a Zero Catch Limit”, (1989) IWC/41/21, 41 [excerpt]
103. Government of Japan, “A Critical Evaluation of the Relationship between
Cash Economies and Subsistence Activities”, (1992) IWC/44/SEST5
104. Government of Japan, Japan Fisheries Agency, “Whale Meat Consumption
Per Capita in Japan”, under cover of facsimile from Takanori Ohashi,
398 Japan Fisheries Agency, to Mr Puplick, Chairman, National Task Force of
Whaling, Government of Australia, 18 April 1997
105. Government of Japan, “Plan for the Second Phase of the Japanese Whale
Research Program under Special Permit in the Antarctic (JARPA II) –
Monitoring of the Antarctic Ec osystem and Development of New
Management Objectives for Whale Resources”, 2005, SC/57/O1 [not
including Appendices]
106. Government of Japan, Administra tive Vice-Minister , Ministry of
Agriculture, Forestry and Fisheries (T Shirasu), Transcript of Press
Conference, 14 April 2008 [excerpts translated]
107. Government of Japan, Minister for Ag riculture, Forestry and Fisheries (H
Akamatsu), Transcript of Press Conference, 9 March 2010 [excerpt]
108. Government of Japan, Tokyo Legal Affairs Bureau Nakano Branch,
Certified Record of All Closed Register Particulars: Kyodo Senpaku
Kaisha Ltd., Corporate Registration No. 0100-01-041436 (22 December
2010)
109. Government of Japan, Tokyo Legal Affairs Bureau Nakano Branch,
Certified Record of All Historical Register Particulars: Kyodo Senpaku
Kaisha Ltd., Corporate Registration No. 0100-01-041436, (22 December
2010)
110. Government of Japan, Japan Fisheries Agency, “Results of the 24th
Antarctic Ocean Cetacean Capture Survey (JARPA II) in FY2010”, (Press
Release, 21 March 2011) at Ministry of Agriculture, Forestry and Fisheries
website, <http://www.jfa.maff .go.jp/j/press/enyou/110321.html> on 18
April 2011
JAPAN W HALING INDUSTRY D OCUMENTS AND PUBLICATIONS
111. Special Survey Projects Business and Service Document , (24 November
1988)
112. S Ward, Biological Samples and Balance Sheets , (Institute of Cetacean
Research, 1992) [excerpt – full document provided separately]
113. H Hatanaka, Foreword to Institute of Cetacean Research (ed), The 3rd
Summit of Japanese Traditional Whaling Communities: Muroto, Kochi:
Report and Proceedings, (Institute of Cetacean Research, 2004), 7
399114. Institute of Cetacean Research, Rules for the Processing and Sale of By-
Products of the Cetacean Capture Research Program , (ICR No. 570, 12
January 2001 and as amended to 31 May 2006)
115. Kyodo Senpaku Kaisha, Ltd, “Subject: Changes in the Shareholder
Composition”, (Press Release, 24 March 2006) at Japan Whaling
Association website, <http://www.wh aling.jp/english/articles/060324
news.html> on 9 March 2011
116. Institute of Cetacean Research and Geishoku Rabo, LLC, “New
organisation for whale meat sales pr omotion”, (Press Release, May 2006)
at Japan Whaling Association website , <http://whaling.jp/press/press06_
05.html> on 9 March 2011
117. “Japan Fisheries Agency and ICR Es tablish Whale Meat Retail Company,
Develop New Sales Channels”, Isana 26 (Japan Whaling Association,
June 2006)
118. Institute of Cetacean Research and Kyodo Senpaku Kaisha Ltd, By
Product Consignment Sales Agreement, (5 June 2007)
119. Institute of Cetacean Research, 2007 Fiscal Year Antarctic Ocean
Cetacean Capture Research Program: Request for Authorisation of Sale
and Processing of Whale Products, (ICR No. 1026, 22 May 2008)
120. Institute of Cetacean Research, 2007 Fiscal Year Antarctic Ocean
Cetacean Research Capture Program: Report on Sale of Whale Products ,
(ICR No. 1036, 1 September 2008) [excerpt translated]
121. Institute of Cetacean Research, Board Members (16 September 2009) at
Institute of Cetacean Research webs ite, at <http://www.icrwhale.org/
YakuinList.pdf> on 14 January 2011
122. Institute of Cetacean Research, “2009 – 10 Southern Ocean Research
Whaling By-Product Sales”, (Press Release, 14 April 2010) at Institute of
Cetacean Research website,
<http://www.icrwhale.org/100414ReleaseJp.htm> on 18 April 2011
123. Institute of Cetacean Research, FY2009 Business Report , (30 September
2010), at Institute of Cetacean Research website,
<http://www.icrwhale.org/H21jigyo.pdf> on 16 April 2011 [excerpt
translated]
124. Kyodo Senpaku, “Production and handli ng of gifts and dispensations of
meat from the 23rd Antarctic Ocean Cetacean Capture Program”, (Press
Release, 1May 2010) at Japan Whaling Association website,
<http://whaling.jp/press/press100511.html> on 9 March 2011
400M EDIA REPORTS
125. Z Doi, “Don’t put out the light of whaling. My view: Takehiko
Takayama”, Asahi Shimbun, 1 June 1986 (morning edition), 4 [excerpt
translated]
126. T Ito, “Imminent Lock-out from th e Sea: Report on Location from the
Antarctic Ocean Whaling Grounds (Part 10)—Scientific Whaling Budget
Reinstated (serial article)”, Yomiuri Shimbun, 24 February 1987 (evening
edition), 14
127. “Fisheries Agency Director-General Told by Prime Minister: Do Scientific
Whaling that Won’t be Criticised”, Asahi Shimbun, 26 April 1987
(morning edition), 2
128. “A Message to the World: Sustai nable Whaling. Three Whaling Groups’
New Year’s Press Conference”, The Fishing & Food Industry Weekly ,
1559 (25 February 2003), 19
129. “Debate: Pros and Cons of Scientific Whaling”, Mainichi Shimbun , 3
October 2005, 3 [column by T Kasuya translated]
130. K Nakano, “To Protect Whale Eating Culture, The Japan Fisheries Agency
Supports A Meat Wholesaler to Develop Sales Channels Targeting School
Lunches”, Nikkei Sangyo Shimbun, 29 May 2006, 21
131. “Shimonoseki City Operator of Shimonoseki Kaikyokan Aquarium
Becomes Scientific Whaling Major Shar eholder; City to Support Re start
of Commercial Whaling”, Nihon Keizai Shimbun – Regional Economy
Section: Chugoku A, 4 July 2006, 11
132. “Kyodo Senpaku: 980 Shares Each to Five Foundations in Total Share
Transfer”, Nikkei Sangyo Shimbun, 4 July 2006, 18
133. T Miyazaki, “So That’s Why! Econo mics: Marketing Power-up, Boosting
Excess Consumption at Pubs and School Lunches”, Yomiuri Shimbun, 5
September 2006 (morning edition), 11
134. “Whale meat sales to livestock pro ducers: Targeting non-fisheries sales
channels”, Nikkan Minato Shimbun, 27 November 2006, at Japan Whaling
Association website, <http://www.whaling.jp/news/061127m.html> on 21
February 2011
135. K Oyamada, “(Observer: Taxes – Life styles – Money) The Real Reasons
for Continued Whaling”, Asahi Shimbun , 18 January 2008 (morning
edition), 8
401136. K Oyamada, “Scientific Whaling: Financial Pressure. ICR misses ¥1
Billion Financing Repayment in 2006/07 Account Settlement”, Asahi
Shimbun, 2 February 2008 (morning edition), 9
137. K Oyamada, “(From the coalface) Whale Meat Goes Unsold. Supplies
Increasing, But Distribution Cha nnels Not Expanding. Government-
Backed Distributor Operating at Loss”, Asahi Shimbun, 19 February 2008
(morning edition), 8
138. “Suspicion Arises over Research Whaling Program. Former Crew
Member Says Company Approved”, Asahi Shimbun, 15 May 2008
(morning edition), 3
139. K Oyamada, “Commentary: Difficult Situation Reflected in Whale Meat
Consumption”, Nishi Nippon Shimbun, 15 June 2008, 12
140. “‘No On-selling of Whale Meat’: ICR Investigation Report. Allegations
of Unauthorised Removal of Whale Meat”, Asahi Shimbun, 19 July 2008
141. K Oyamada, “Sluggish Demand and Pr otests Encourage First Cut to
Scientific Whaling Target (Corrected copy)”, Asahi Shimbun, 13
November 2008 (morning edition), 1
142. “IWC: Last Chance for Normalisation. Three Whaling Organisation
Chiefs”, Seafood Sector Journal 1490 (March 2009) 26
143. H Sugimoto, “Interview / Masayuki Ko matsu: Commercial whaling could
be sustainably resumed”, Asahi Shimbun, 31 May 2010 at
http://www.asahi.com/english/TKY201005300214.html on 9 March 2011
144. “Vows to Fight the Good Fight at IWC Meeting”, Minato Shimbun, 24
May 2010, 3 3
145. “Reaffirmation of Whale Meat Culinary Culture”, Suisan-Keizai, 24 May
2010, 6
146. “Whaling Issue Petitions”, Nikkan Suisan Keizai Shimbun, 10 June 2010, 3
147. “Whale Meat Consumption – One Third of Horse Meat”, Sankei Shimbun,
27 June 2010, 25
148. Transcript: Australian Broadcasti ng Corporation Television, “Former
Japanese fisheries boss joins Lateline”, Lateline, 17 June 2010 at
<http://www.abc.net.au/lateline/content/2010/s2930193.htm> on 9 March
2011
149. A Ideta, “Feature: The Greenpeace Theft Trial”, Chunichi Shimbun, 26
August 2010 (morning edition), 12 [excerpt translated]
402150. “Fisheries Agency Personnel Disciplined for Accepting Whale Meat. Five
Supervisors on Research Whaling Vessel”, Hokkaido Shimbun , 23
December 2010, 25
151. “New Developments Under Severe C onditions. Interview with Mr Fujise,
Director-General, Institute of Cetacean Research”, Nikkan Suisan Keizai
Shimbun, 27 December 2010, 2 [excerpt]
152. “Three Whaling-Related Organisa tions: Promoting Whale Meat by
Strengthening the Sales Structure”, Minato Shimbun, 24 January 2011, 6
153. M Dickie and P Smith, “Stay of execu tion: Japan suspends whale hunt”,
Financial Times, 17 February 2011, 10
154. “Halt of Japan's whaling mi ssion provides food for thought”,Mainichi
Daily News , 19 February 2011, at <http://m dn.mainichi.jp/perspectives
/editorial/news/ 20110219p2a00m0na001000c.html> on 22 March 2011
A DDITIONAL D OCUMENTS
155. P Birnie, “Opinion on the Legality of the Southern Ocean Sanctuary by the
International Whaling Commission”
156. Government of Japan, “The Progra m for Research on the Southern
Hemisphere Minke Whale and for Pre liminary Research on the Marine
Ecosystem in the Antarctic”, 1987, SC/38/04 [not including Appendices]
403_____________________________________________
WHALING IN THEANTARCTIC
(AUSTRALIAv. JAPAN)
MEMORIALOFAUSTRALIA
VOLUME II
ANNEXES 1 – 81
9 MAY 2011 VOLUME II
TAbLE OF CONTENTS
ANNExES 1 - 81 Page
Treaties
1. The International Convention for the Regulation of Whaling, Washington D.C., 2
December 1946, 161 UNTS 72 (entered into force 10 November 1948) ......................................... 8
2. Convention for the Regulation of Whaling, Geneva, 24 September 1931, 155 LNTS 349
(entered into force 16 January 1935) ........................................................................▯...................... 25
3. International Agreement for the Regulation of Whaling, London,
8 June 1937, 190 LNTS 79 (entered into force 7 May 1938) ......................................................... 42
4. Protocol amending the International Agreement on the Regulation of Whaling,
London, 24 June 1938, 196 LNTS 131 (entered into force 30 December 1938▯) ............................ 57
5. Protocol amending the International Agreement for the Regulation of Whaling, London,
7 February 1944, UKTS 1946 No. 61 (Cmd. 6990) (entered into force 5 O▯ctober 1945) .............. 63
6. Protocol amending the International Agreement for the Regulation of Whaling of 8 June
1937 and the Protocol for the Regulation of Whaling of 24 June 1938, London,
26 November 1945, 11 UNTS 43 (entered into force 3 March 1947) ............................................ 67
IWC Documents
Resolutions
7. Resolution on Scientific Permits, Appendix 2, Chairman’s Report of the Thirty-Seventh Annual
Meeting, Rep. int. Whal. Commn 36, 1986, 26 ........................................................................▯........ 82
8. Resolution on Republic of Korea’s Proposal for Special Permits, Appendix 2, Chairman’s
Report of the Thirty-NinthAnnual Meeting, Rep. int. Whal. Commn 38, 1988, 28 ....................... 83
9. Resolution on Icelandic Proposal for Scientific Catches, Appendix 3, Chairman’s Report of the
Thirty-NinthAnnual Meeting, Rep. int. Whal. Commn 38, 1988, 28 ............................................. 84
10. Resolution on Japanese Proposal for Special Permits, Appendix 4, Chairman’s Report
of the Thirty-NinthAnnual Meeting, Rep. int. Whal. Commn 38, 1988, 29 ................................... 85
11. Resolution on Norwegian Proposal for Special Permits, Appendix 1, Chairman’s Report
of the FortiethAnnual Meeting, Rep. int. Whal. Commn 39, 1989, 30 ........................................... 86
12. Resolution on the Icelandic Proposal for Scientific Catches, Appendix 2, Chairman’s
Report of the FortiethAnnual Meeting, Rep. int. Whal. Commn 39, 1989, 30-31 ......................... 87
13. Resolution on the Issuance Special Permits for the Purposes of Scientific Research,
1 Appendix 3, Chairman’s Report of the Fortieth Annual Meeting, Rep. int. Whal.
Commn 39, 1989, 31 ........................................................................▯............................................... 88
14. Resolution on the Icelandic Proposal for Scientific Catches, Appendix 1, Chairman’s
Report of the Forty-FirstAnnual Meeting, Rep. int. Whal. Commn 40, 1990, 35 .......................... 89
15. Resolution on Norwegian Proposal for Special Permits, Appendix 2, Chairman’s Report
of the Forty-FirstAnnual Meeting, Rep. int. Whal. Commn 40, 1990, 36 ...................................... 90
16. Resolution on the Proposed Take by Japan of Whales in the Southern Hemisphere under
Special Permit, Appendix 3, Chairman’s Report of the Forty-First Annual Meeting,
Rep. int. Whal. Commn 40, 1990, 36 ........................................................................▯...................... 91
17. Resolution on Norwegian Proposal for Special Permits, Appendix 1, Chairman’s Report of the
Forty-Second Meeting, Rep. int. Whal. Commn 41, 1991, 47 ........................................................ 92
18. Resolution on Special Permit Catches by Japan in the Southern Hemisphere, Appendix 2,
Chairman’s Report of the Forty-Second Meeting, Rep. int. Whal. Commn 41, 1991, 47-48 ......... 93
19. Resolution on Special Permit Catches by Japan in the Southern Hemisphere, Appendix 2,
Chairman’s Report of the Forty-Third Meeting, Rep. int. Whal. Commn 42, 1992, 46 .................. 94
20. Resolution on USSR Proposal for Special Permit Catches in the North Pacific, Appendix 3,
Chairman’s Report of the Forty-Third Meeting, Rep. int. Whal. Commn 42, 1992, 47 .................. 95
21. Resolution on Special Permit Catches by Japan in the Southern Hemisphere, Appendix 7,
Chairman’s Report of the Forty-Fifth Annual Meeting, Rep. int. Whal. Commn 44, 1994, 33 ...... 96
22. Resolution on Norwegian Proposal for Special Permits, Appendix 8, Chairman’s Report of the
Forty-FifthAnnual Meeting, Rep. int. Whal. Commn 44, 1994, 33 ................................................ 97
23. Resolution on Scientific Permits, Resolution 1994-8, Appendix 15, Chairman’s Report of the
Forty-Sixth Annual Meeting, Rep. int. Whal. Commn 45, 1995, 46-47 .......................................... 98
24. Resolution on Special Permit Catches by Japan in the North Pacific, Resolution 1994-9,
Appendix 15, Chairman’s Report of the Forty-Sixth Annual Meeting,
Rep. int. Whal. Commn 45, 1995, 47 ........................................................................▯...................... 99
25. Resolution on Special Permit Catches by Japan in the Southern Hemisphere, Resolution 1994-10,
Appendix 15, Chairman’s Report of the Forty-Sixth Annual Meeting, Rep. int. Whal.
Commn 45, 1995, 47 ........................................................................▯............................................. 100
26. Resolution on Special Permit Catches by Norway, Resolution 1994-11, Appendix 15, Chairman’s
Report of the Forty-Sixth Annual Meeting, Rep. int. Whal. Commn 45, 1995, 48 ....................... 101
27. Resolution on Whaling under Special Permit in Sanctuaries, Resolution 1995-8, Chairman’s Report
of the Forty-Seventh Annual Meeting, Rep. int. Whal. Commn 46, 1996, 46 .............................. 102
28. Resolution onpecial Permit Catches by Japan, Resolution 1996-7 Appendix 7, Chairman’s
2 Report of the Forty-EighthAnnual Meeting, Rep. int. Whal. Commn 47, 1997, 51-52 ............... 103
29. Resolution on Special Permit Catches in the Southern Ocean by Japan, Resolution 1997-5,
Appendix 5, Chairman’s Report of the Forty-Ninth Annual Meeting,
Rep. int. Whal. Commn 48, 1998, 47 ........................................................................▯.................... 104
30. Resolution on Special Permit Catches in the North Pacific by Japan, Resolution 1997-6,
Appendix 6, Chairman’s Report of the Forty-Ninth Annual Meeting,
Rep. int. Whal. Commn 48, 1998, 48 ........................................................................▯.................... 105
31. Resolution on Whaling under Special Permit, Resolution 1998-4, Appendix 4, Chairman’s
Report of the FiftiethAnnual Meeting, Annual Report of the International Whaling Commission
1998, 43 ............................................................................................................................▯............. 106
32. Resolution on Whaling under Special Permit, Resolution 1999-3, Appendix 4, Chairman’s
Report of the Fifty-FirstAnnual Meeting, Annual Report of the International Whaling
Commission 1999, 52-53 ........................................................................▯...................................... 107
33. Resolution on Whaling under Special Permit in the Southern Ocean Sanctuary, Resolution
2000-4, Appendix 1, Chairman’s Report of the Fifty-Second Annual Meeting, Annual Report
of the International Whaling Commission 2000, 56 ..................................................................... 108
34. Resolution on Whaling under Special Permit in the North Pacific Ocean, Resolution 2000-5,
Appendix 1, Chairman’s Report of the Fifty-Second Annual Meeting, Annual Report of the
International Whaling Commission 2000, 56 ........................................................................▯....... 109
35. Resolution on Southern Hemisphere Minke Whales and Special Permit Whaling, Resolution
2001-7, Annex C, Chair’s Report of the Fifty-Third Annual Meeting, Annual Report of the
International Whaling Commission 2001, 57 ........................................................................▯....... 110
36. Resolution on Expansion of JARPN II Whaling in North Pacific, Resolution 2001-8, Annex C,
Chair’s Report of the Fifty-Third Annual Meeting, Annual Report of the International Whaling
Commission 2001, 57 ........................................................................▯.............................................111
37. The Berlin Initiative on Strengthening the ConservationAgenda of the International Whaling
Commission, Resolution 2003-1, Annex C, Chair’s Report of the Fifty-Fifth Annual Meeting,
Annual Report of the International Whaling Commission 2003, 58 ............................................. 112
38. Resolution on Whaling under Special Permit, Resolution 2003-2, Annex F, Chair’s
Report of the Fifty-FifthAnnual Meeting, Annual Report of the
International Whaling Commission 2003, 102 ........................................................................▯..... 143
39. Resolution on Southern Hemisphere Minke Whales and Special Permit Whaling, Resolution
2003-3, Annex G, Chair’s Report of the Fifty-Fifth Annual Meeting, Annual Report of the
International Whaling Commission 2003, 103 ........................................................................▯..... 144
40. Resolution on JARPAII, esolution 2005-1, Annex C, Chair’s Report of the Fifty-Seventh
3 Annual Meeting, Annual Report of the International Whaling Commission 2005, 1 ................... 145
41. Resolution on JARPA, Resolution 2007-1, Annex E, Chair’s Report of the Fifty-Ninth Annual
Meeting, Annual Report of the International Whaling Commission 2007, 90 ............................. 146
IWC Guidelines on Special Permit Whaling
42. Proposed Guidelines for Review of Scientific Permits, Annex L, Report of the Scientific
Committee, Rep. int. Whal. Commn 36, 1986, 133 ...................................................................... 147
43. Resolution on Special Permits for Scientific Research, Appendix 2, Chairman’s Report of the
Thirty-EighthAnnual Meeting, Rep. int. Whal. Commn 37, 1987, 25 ......................................... 148
44. Resolution Scientific Research Programmes, Appendix 1, Chairman’s Report of the
Thirty-NinthAnnual Meeting, Rep. int. Whal. Commn 38, 1988, 27-28 ...................................... 150
45. Review of Scientific Permits, Annex O, Report of the Scientific Committee, Rep. int. Whal.
Commn 39, 1989, 154 ........................................................................▯........................................... 152
46. Resolution Whaling under Special Permit, IWC Resolution 1995-9, Appendix 10, Chairman’s
Report of the Forty-Seventh Annual Meeting, Rep. int. Whal. Commn 46, 1996, 46-47 ............. 153
47. Resolution Special Permits for Scientific Research, IWC Resolution 1999-2, Appendix 3,
Chairman’ s Report of the Fifty-First nual Meeting, Annual Report of the International
Whaling Commission 1999 , 52 ........................................................................▯............................. 155
48. Guidelines for the Review of Scientific Permit Proposals, Annex Y , Report of the Scientific
Committee, J. Cetacean Res Manage. 3 (Suppl.), 2001, 371-372 ................................................ 156
49. Process for the Review of Special Permit Proposals and Research Results from Existing and
Completed Permits, nnex P, Report of the Scientific Committee, . Cetacean Res. Manage.
11 (Suppl.), 2009, 398-401 ........................................................................▯.................................... 158
Reports
50. Report of Technical Committee Working Group on Socio-Economic Implications and Small-
Type Whaling (1991) IWC/43/16 ........................................................................▯......................... 162
51. Report of the Scientific Committee, Rep. int. Whal. Commn 44, 1994, 47 .................................. 171
52. Report of the Scientific Committee and Annex O1, Report of the Standing orking Group on
Scientifi Permits, J. Cetacean Res. Manage. 8 (Suppl.), 2006, 48-52 and 259-264 ................... 172
4 IWC Circular Communications
53. IWC Circular Communication RG/EE/4613, “Amendments to the Schedule adopted at the 34th
Annual Meeting and an Objection by the Government of Japan”, 5 Novemb▯er 1982 enclosing
Note from theAmbassador of Japan to the United Kingdom to the Secretary of the
International Whaling Commission, 4 November 1982 ............................................................... 183
54. IWC Circular Communication RG/VJH/16129, “Withdrawal of Objection to Schedule Paragraph
10(e) by Japan”, 1 July 1986 enclosing Note from theAmbassador of Japan to the United
Kingdom to the Secretary of the International Whaling Commission, 1 July 1986 ..................... 192
55. IWC Circular Communication RG/VJH/25435, “Japanese Objection to the Southern Ocean
Sanctuary”, 15August 1994, enclosing Note from the Embassy of Japan to the Secretary
of the International Whaling Commission, 12August 1994 ......................................................... 194
56. IWC Circular Communication RG/VJH/25479, “Objection by Japan to new Schedule
sub-paragraph 7(b)”, 12 September 1994 enclosing Letter from the Co▯unsellor,Agriculture,
Forestry and Fisheries, Embassy of Japan, London, to the Secretary of th▯e International
Whaling Commission, 7 September 1994 ........................................................................▯............ 198
Cruise Reports
57. Nishiwaki, Shigetoshi et al, Cruise Report of the Second Phase of the Japanese Whale Research
Program under Special Permit in the Antarctic (JARPA II) in 2005/2006 – Feasibility Study,
SC/58/O7 ............................................................................................................................▯........... 200
58. Nishiwaki, Shigetoshi et al, Cruise Report of the Second Phase of the Japanese Whale Research
Program under Special Permit in the Antarctic (JARPA II) in 2006/2007 – Feasibility Study,
SC/59/O4 ............................................................................................................................▯........... 221
59. Ishikawa, Hajime et al, Cruise Report of the Second Phase of the Japanese Whale Research
Program under Special Permit in the Antarctic (JARPA II) in 2007/2008, SC/60/04 .................. 244
60. Nishiwaki, Shigetoshi et al, Cruise Report of the Second Phase of the Japanese Whale Research
Program under Special Permit in the Antarctic (JARPA II) in 2008/2009, SC/61/O3 ................. 263
61. Nishiwaki, Shigetoshi et al, Cruise Report of the Japanese Whale Research Program under
Special Permit in the Antarctic – Second Phase (JARPA II) in 2009/2010, SC/62/O3 ................ 281
Other
62. Concerns Regarding Scientific Permits, Appendix 2 to Annex O, Report of the Scientific
Committee, J. Cetacean Res. Manage. 6 (Suppl.) 2004, 364 .................................................... 294
5Intergovernmental and Multilateral Documents
63. Agreement between the United States of America and Japan concerning commercial sperm
whaling in the western division stock of the North Pacific (with record of discussion),
(contained in Letter from Yasushi Murazumi, Chargé d’Affaires ad interim of Japan to
Malcolm Baldrige, United States Secretary of Commerce, 13 November 1984,▯ and letter
from Malcolm Baldrige to Yasushi Murazumi, 13 November 1984), 2039 UNTS 35266
(Washington, 13 November 1984) ........................................................................▯..................... 295
64. Aide Mémoire, Joint Démarche byArgentina,Australia,Austria, Belgium, Brazil, Finland,
France, Germany, Ireland, Italy, Mexico, Monaco, New Zealand, Peru, Portugal, Spain,
Sweden, the Netherlands, the United Kingdom, June 2005 ...................................................... 308
65. Aide Mémoire, Joint Démarche by Australia, Brazil, France, Mexico, Portugal, Spain, the
United Kingdom et al, January 2006 ........................................................................▯................. 309
66. Aide Mémoire, Joint Démarche byArgentina,Australia,Austria, Belgium, Brazil, Chile, the
Czech Republic, Finland, France, Germany, Hungary, Ireland, Italy, Luxembourg, Mexico,
Monaco, the Netherlands, New Zealand, Peru, Portugal, San Marino, Slovenia, Spain,
Sweden, Switzerland, the United Kingdom and the United States, 15 Decem▯ber 2006 .......... 310
67. Aide Mémoire, Joint Démarche byAustralia,Argentina,Austria, Belgium, Brazil, Chile, Costa
Rica, Croatia, Czech Republic, Ecuador, European Commission, Finland, France, Germany,
Greece, Ireland, Israel, Italy, Luxembourg, Mexico, Monaco, the Netherlands, New Zealand,
Portugal, San Marino, Slovak Republic, Slovenia, Spain, Sweden, the Unit▯ed Kingdom and
Uruguay, “Objection to Japan’s Scientific Whaling”, 21 December 2007 ................................ 311
Australian Government Documents
68. Australian Government Press Release, “Antarctica and Whaling”, 24August 1936 ................ 313
United States Documents
69. Memorandum from the Informal Inter-agency Committee on the Regulation of Whaling to
the Commodity Problems Committee, “Draft ofAmerican Proposal for the International
Whaling Conference, Washington, November 20, 1946”, 15 October 1946 [excerpt] ............. 315
70. Speech of DeanAcheson to the Opening Plenary Session of the International Whaling
Conference, 20 November 1946 ........................................................................▯........................ 317
71. Government of the United States, 1971 PellyAmendment to the Fisherman’s Protective Act
of 1967, 22 USC § 1978 ........................................................................▯.................................... 319
72. Government of the United States, 1979 Packwood-MagnusonAmendment to the Fishery
Conservation and Management Act of 1976, 16 USC § 1821 ................................................... 323
673. Government of the United States, Subcommittee on Human Rights and International
Organizations of the Committee on ForeignAffairs, United States House of Representatives,
Review of the 34th International Whaling Commission Meeting, (16 September 1982)
[evidence of Mr John Byrne, United States IWC Commissioner extracted] ............................. 327
Books andArticles
74. P Birnie, “Legal Aspects of Non-Consumptive Utilisation of Cetaceans” (1983), extracts of
unpublished paper presented at the Global Conference on the Non-Consumpt▯ive Utilisation
of Cetacean Resources, 1 and 5 ........................................................................▯......................... 344
75. G Satake, Japanese Fisheries and Overseas Fisheries Cooperation in the Era of
Globalisation (Seizankdo-Shoten Publishing Co. Ltd, 1997) [excerpts] .................................. 346
76. T Kasuya, “Considering the Whaling Problem”, (2005) 16 Ecosophia 56 [excerpts] .............. 353
77. T Kasuya, “Japanese Whaling and Other Cetacean Fisheries” (2007) 14 (1) Env Sci
Pollut Res 39 ........................................................................▯....................................................... 358
78. S Ohsumi, Half a Century in Pursuit of the Whale – Proposals for a New Era in Whaling
(Seizando-Shoten Publishing Co. Ltd, 2008) [excerpts] ........................................................... 368
79. T aniguchi, “Opinion. The Inside Story of Japan’s Whal ing – What the Media Doesn’t
Tell Us. axpayer’s Money Spent, Friends Lost”, Wedge (20 January 2009)
<http://wedge.ismedia.jp/articles/-/721> on 15 April 2011 [excerpts] ...................................... 375
80. M Komatsu, International Whale Wars (PHP Institute Co. Ltd, 2010) [excerpts] .................... 381
81. J Sakuma, “Rapidly rising whale meat stockpiles and the emergence of hidden reserves:
Freezers excluded from official statistics and Icelandic fin whale meat”,
IKA-NET News 47 (January 2011) ...................................................................▯.......................... 390
7 Annex 1: The International Convention for the Regulation of Whaling, Washington D.C.,
2 December 1946, 161 UNTS 72 (entered into force 10 November 1948)
rNTERNATJONi\I,CO"fVENTORTHEltEOUJ.•\TJONOF'WHALJN,C1l946
International Convention
for the
Regulation of Whaling
Wuhington r•DecrmiM'r, 1946
The Governments whosdul)nuthoriS<!drepresentatiJ . 'Whllle catcher" means a ship usedfor the purpose of
h.wcsub5cribedhereto, hunting. tllking.towin_g.hota,or scOWt.tlg. fo1
Rccognmng the int<,rcstof the nnuons of \he worwh~lcs
~nf~g duingfor furure genernnoh~ great natural 4. ''Contmcti<.imomv~nCm~n as any <iovemmenl
r<·.:us reprjjsented by the whalostocks: which hus dopooitedan instrument of mi fica.tion or has
Considering that history of whaling has seen m•.gv~nnottce of adherence to this Convention.
fishing or on.: area after another and of one spccjcs of
whaleafter another to $Uch R.degree that it is essentiBIto
proteclallspeciesof whalesfromov~lri-sh:ine Articltll
Recogni7jng that the whale slacks are susceptible ofontr~c tivrgmmls agn:c lo c:$1ablishun
InternationalWhaling Commission, heref~rrcdr
nalwlJIincr.:asesif wi~properrcgula a~dlha1
increases in the size of wh.wil~rmikincreases to as tCommtS.~ ttbencmposed of one mcmbtT
in the number of whales whicbematpturll'lihow fromeachContmctmgGovemmenL [lacmember shall
haveooc voteanday be accompaniedby one or more
~ndang~r licegnalllfalresources. expert:!andadvtsers
Recognizinlhsil is in the commonmteachl~ve
th~optimum level o.f whale stocks as raptdly as posstblemiS.~ saOnclctfrom tis own me-mbersa
Chnimtnn and Vic..,imn and shaldet~rm iS ne
Wtthoul oausmgwide~-p eceaodit· and nutritional own Rul~ sProc~u .~c~1sio nfhe Commission
dtslress:
Rc1:ogniZ11thain the course of aclucvinc these shn~be tll.kenby a simple !llnjority of those members
ol~'tviewsh.lifl&npdnllitm:s;hould he cunrined lo thnscexcetthat a three-fourths majority of those
ml.lmbrs voung shur~quirfodaction purusno~
speciesbest ableto sustain exploitation in order to give an
tnterval tor recovery 1un spcctes of whar\ow ofAtticlV The Rules of ProcBdurc may lllrovidc for
•kpktcd m nwnbe.rs: decisioot~ht'WthasatmeetgnoftheC:l>nmston
.tTh~ CommtssJn may appoint its os~cret nnuy
De~in o gstablisha systemof intemr~gulnbon $talT
lor the whale fiShcrielSto ensure proper and c!Tcttive
co~rvat nd development of whale stockson the basise Commisston may set up. from among il$ own
memb..--neC.'<Jlor adv!Sc!.,chcommllt.1111~
of lbc: principles tmbodicd mprovisionof the consJdcdestr .operfrmsuch functions as tt may
lnterMtionA~ment for the Rtgulation of Whaling.
signed inndon on 8th June. 1937. and the tootocolsUthon7.e
that Agreementsis11London on ::4th June, 1938. andThe.'qlmSof eachntcmbcrtru:ommissiOnand of
h~e.'<pcanl.lodvtSersshall he detemplltbyrn!
:!6thNovember,45; aod
llavmg decidedto concludenoonveto provide for hts ownGm·crnmltlll.
the proper conservation of whak stocks and thus makeogniz.ingth11tspeciaagen~ ciee.~ holde
l"nitNmio~rwtill beconcometl with tht• cmll$crvtaion
possibthe ordud~velop tft1Cwhtlinindustry; >m.ddevelopment of whale fisheries and thie products
Haveagreedasfollows:-
aming_therefrom adesmngtoavoid duphcRttof
funcllons. the ContraGovem met~ will consult
Article 1 !ln>Ong themselves within two years aftinsIhe com
I.Thls Conventiinolu tu~Schedulalluchethere!('.
whichforms an integral part thcrcor. All references toce of this Convention to decide whether the
~c.onve .ntaloneund~r!. 88tocldtngthe satd Commissionshabe hroughtwithin the f.rRof ark
spccl~ lg•fl.edatedto the UniK-dNations.
Schedule either iprc.~ trms or as amendin 7. In the meantimethe Governmentof the UnitadKingdom
OQCOJ'dnwcieU1tpron~i oAnt$elV~
::! This ConventiOilapphes to factoryStations.andofGre_ BniH and Northern [n:land shall 10range.
consultnuon wtheother Contracting GovemmenJ$,to
and \\'hakcalchc ur~er the junsdlclof the conv~ thefirst meetinthf~ommiSSIOilWl(lshall
ContractiGovemm~ nld"' all waters in which
whalingisprosecuted by truch foestu).p~nd mttiate the comrulllltion referred to tnopnrogrnph
stattom;.and whale catchern above,
8.Subs~qu memetingof th.cCommissionshall be
M11tlr II cunv~ nst~hCl'mmission maydetem1ine.
."usodinthisConvonl:-n Al1icrv
1, "Factory sh111e aa~~l~m whtCh or011WilleTt 1. TheC'OI\lH!iston 11a1tnecollaborati•:>nwith o•
whalesarctrcat.:deitherwh11part: lhrm(J;nd~pcnuc agelcies of the ConlrocLulg
2. "Land stlltme.~ rnfactory on ll1e land at whicGovcnunents or nther puhlic or privAte agencie.s.
whalesarc trealedeitherwhollyor inpart. c:stabhshmcnts.ororganiza;indopcndently
8 INTERNA110NAl.CONVENTIOFOR'Tif. P.GUTIONOFWllAIJNO.191•t
(u}enc01.-agc. rc:eommend.or if n«'organize 4 No amendments shall becomeellibcfoe r~July.
srudieand inwstig. rlati1tonwhales and 1949.
whaling,
rticle Vl
(b)collect lllldanalyzestatJSUcalinfonnauon conco:rnJng
th~current condition and trend of the whale stochontmt,.,1on muvfrom ltnteto lillimake
undtheeffectsof whalingoruvtties tht'reon; recommcndations toy or all Conlmc Governments
onnnynmtt.trswhichrelate to whnlcsor whalingand tu the
(c}srudy.appraise,and dissctuinmeinfoltllationobjectivesapu~es of thtsConvention.
concerning methods of mamtauung and increasing
the populationsof whalestocks.
Articlvn
:!. The CommiSsi~halarrangeforthe publication ofThe rontrnCIJJ<love .~nt shall ensureprompt
reportsotiactil'itics.and it may publishindependentlys o~thOIrIr.cmationnl f3ureau for Whalmg
Statista1 Sandc~ nNorway, ort~'U cter bodyas
or in collaboration witIntemational Bureau for
Whaling StatisticSsndc~ 11Norway nnd other the CommiSSIOnmay cl~lgt~. ll notili.C'dllOna:snd
statsticannd oth~ rnfo11nnt1on required tltis
orgnnizations nngenc iuh repons as it deems Conveht1onisuchform an<lmanna~mny be pre•ctil'led
llppropnate.w~ll~sStatisticscil~lclad other
fl~rt mifo~n1t1rn~la townaes and-whaling. bytheCommiss1on.
A ric~VIII
ArCiclc V 1 Notwitthmlignanything contai11ed C'nv-ntton
I. The ComnHSl!ion muy amc.nu flim o time the any ContrActing<Jcmcnt nwy gnlnt to any of 1ts
provisions the Scheduleby adopting regulations wnat1onalsa specpermit authorizing that national to
r<~p. ll1th~oonscN8lton ami utilization of whalekill. take atr~nwhn.: :o.purposes of scientific
resources..'\(a} prot~ ane dnprotect~pecie.s: research subject tor~stnCt a1 onnumber and
(b)open nndclosed seas(copen and closedwaters, subjeot to such other condi11sthe Contracting
including the designation of sanctua(d)siles; Gove-rnmentthinks lit, and the killing. taking. 11nd
limns for .:acb spMcilinte. methods,int.en~it )rau11ofwh~le inaccordancew1ththe provisions of
of whalmg lincludmg the ma'\UUumcatch oftohales this Article shAllhe exempt from the operation of this
hetaken m any one season}.(jj types and specificationsllonEnch Contracttng Government shall report
of gear anappamt nndLa~pliances which may he at onct'toeComm1s.s1nll suc-.hauthorizationswhich
used(,tmethodsof measurement;a(hcatch returns itM.~ranud. l!lContr.~ Cotemm entmayat any
undolh.stah~hcal bonodtcalrccortls time revoke any such special penmt which tt has
~ The~ amendmentsoftheSchedul(alshall be such as grano:.
nrn~e~SS8 (1<:'lT011 h~bject an'pu~sosesof 2. Any whales taken Widerthese specinl permlls shall so
tlus Convention and to prov1de for the conse-rvation.s pracllcablebeprocessde proceedsshall be
development, ond optimum utilization of the whaltkalt with m uccorclan« 1\'ithdirect1onsissut:d by th"
resources.) J<h1e based on scientific fi(c}ngs: Govcmm<.:nbtywhiChthepcmut was granted"
shallnot involve rllS!tictions on the number oJ r;ach rontrncuns GO\'Cmmentshall trnos~'UCh
nationalityfactoslupsor land stations, nor allocbodynsmay~ designatedbytheCommission.mso far
Spcctlicol o any factO!)'ship or land station or torncticoblc,ut mtcrvals of not more than one
any group of fiiCtoryshipsstatinandn()~h:ll year.$Cicntilicinformationavailableto that Govcrruuunt
tllkcmto cons1derauointer ofhe tnSUillersof with respecwh~l esdwhaling. includingthll results
whaleprodu•ts and the whalingindustry. of research conducted pursuant to pIrof this
J.Each of such amendments shaUbecome effective witArticle and to ArticleJV.
r<~p< t!Cth~ContractinGovemm~n tnety days 4. Recognizing thm conticollctionnd nnnlys1sof
folluwing notifit.'lltion of the lt by then biological dn1n in connection with the opemtions of
Commission to cnch of the ContrGovnncun~s,n l'aotory ships and ~t1oinsllrindisp~ entoub
1.\XCeptth(o}if anyGm'erruuentprese otthe sound ~nd con$trucllvc management or tl1c whale
<"'moimsnioobj~ct tiony nmendment prior to the flsheneshe ContrnclinGovrenmen wi\lake all
cxp~rsl lonh1s nmcty-day period, the amendment prncticnblemensuresto o~ucdniJI.
shall nl'l oocome effective with respect to any of thu
Covemmenli for nn additional ninety days; (b) ArticlIX
thcn:upo1any other Contrnctin_gGovernment may I ~~chCcnullcl Gu~gernment $hall take appropriate
prosen( Ol:>JUonthe amendmentat time-prior to measures tcn:; uhr~pplicotionof the pro1•isionsof
the cxptmllon of the addllional runety-day periothis Convention and the purushrucnr of infractioM
b~fo hc~}(pl1 1fltmymdays fromth~date of
agams1the said prov1s10Mm operations cameu out by
rtc~i ofplh.: lust objection Nceived uwing such ~rson osbyVCSS<lttnd<lJUTlsCtltm.
add111onlun~ty -enad. wlucheverdateshall beth~ No bon\lsor oth.:rremuneretlon c:alculal,edWithrelauon
later,ut(d thereafter, the amendment shall becoitotl1resu iftheir work shall betothe gunners
effective with respect to all CoGovemmmt~g and crewsof whale catchers inresput of any whales the
winchhave not presentedobjectionbotshall nol bectakingf wh1cISforbiddenth1C onvention.
eiTcctivcwith respect to any Governmehassoch 3 Prosccuhon for infractionsl r contraventions of
objected un:<~ dae s theobj~o Swithdrawn. thl$ ConveniJonshal1n.~ti btuheeGovennnent
The C'ommL~i ohll noll!)' eachC'ontrnctit hagi1JurisdictiOnover theo!Tence
Govmum:nt 1mme<hatelyuponreceipt of each objec4 Each Contmc!Jng Oovenumml shall transnuth~o
ondwithdrawalandeacContract G~ovcrnntcnt shall Commiss1on full details of eac-.hmfmcllon of the
~cknow receplofalnotificationsof amendments.
provis1ons of thiS Convcn!lpersCIOSr vessels
objeeuono;.and Withdrawals und.:rthe junsdiciJonat Govemmmt us repon.:clby
9 INTERNATIONAl.CONVENTIOFORTHERF.Gl,liIONOFWHALING, 19Jb
itin~pe. T hoinsm1ation shnll inR~aemet n 5. Thprc ~0n~of the Schedule shall not aptoy pnor
ofmcu~ur tekn for <k.ulina w1lh the mfruollonanIst July, 1948. 1\mendm.,ntsto the Schedule Adopt"d
p~l tatiepO&l. - pursWIlJl to Article V shall not apply prior to 1st July,
19-llt
.1.11i:'< Articl e XI
I Th1sConventionshallrtltL(and the insiTumentsoAny ConiTIIc Gotrrncnt may withdraw front thiS
mulications sbeld.!posncdwith the GovernmentoCon1·entionon 31lthJune. of any year by gaving notiCean
th<!UnilStateofArn~rics or beforOiJunuary, of tho same year to tht depository
~ ;\nyGovmunent whicbasnot stgncd thisConv.:mioGovemmcol.whichuponreceipt such nollcshal01
may adh.:rth~n: atft~trcntm in1o force by a once commumcateatlo the Olher{'.ontmctingGc•vernment.-;.
notification m writing to the Governmentof thAny other Contmcting Government may, an li'kemarmer,
Stnt o~America wlthm one month of the receipt of a copy of such a n011ce
3 The Government of the UmSL~~ f Amenca shall [rom thdcpo~r GolcnyL"l'lgive noticeof IKtthclrowol.
mfonnaUother signatoryGovernments and all adhso that th" Conventionc~astebe in force on 30th
<rovemment<> ofAll rAtiflcntions de1>oanded June, othesa11cycur with resLOctheGovmem~nl
mlh~wnce~ec,·i .v~d givingsuch noLtCeof withdrAwal.
4 This Conventiol)shall.u~I.l~J\UIfratification The ConventiOnshnll bearlhc dai.Ci•~opcnc•l
have been deposited by~~ least six signatoryfor signnture ~halrenmin open fstgn:a ftu~r~
Governm. <.hih ssall includeGovem rnntof pcritoffourt da~sthereafter
the Netherlands,Norway, the Union of Soviet SocTn witness wher;,of the undersigned, bemg duly
Republtcs. the United Kingdom of Oreat 8rita0authoriz.:d.hav" s1gn.:dthisCon•·.:ntton.
North.:rn Ireland.the Unlled Siat.America. Done in WMhington this secodayof December.
em~ mtrforc~~ ·eiect hthose Governmeand 1946.in the English language. the original of wluch shall
shall enter into forr'~cltto,-.JchGov,rnmrot be deposited thearchi\'oftheGovernment ofthe
whichsubsequentrnti ora~heres on the date of UnitedStat o~sm~nc ah<Gov<."r onth~Unll<d
dcpostof its instrumentof ratrJ'icallonor theStates of Arneriii'J:shalltransmit certifiedcop1e:;then-eo(to
itnotificationofadher.,nce. altheoU1c~igrur nnordherinGovernments .
Protocol
to tht Internati onal Convrntion for the
Htgulllliun ofW lJoling,S igMd at WUmlninOutr ofl) ecr-m194(,2,
The C'ol)tracting GovernmCtotLhe lntemat•onal Article Ill
COIWDCllOnfor the Rcgulahon or Whalmg signed atI. TluProtoc~ha~ lopen foS1gflllandrutiJjcai.Jen
Washingtonunde,r date of l~ccmbc 1946 whic'h or for 11Jhcrenoon behnlf of any Contmcting
Com•c:ntiJ.herrinafter rcfcm<Ithe 1946 \),.llalingo1~rnmc tthe 1946Whalin2ConV('lllion
Convention.. desiring to e:-.:tendthe appllCRtlonof thatotoc~h lenter into force on the date upon
Convention to helicoptersand other atrcn•fl and lo includerL,nmtOf ratifiCationhave b<Jcndeposited
provi sonioethods of in5olni among those Schululeith, or writnotic~tinsof adherence have l:>e.re1
provisions which mbe amuncl~bd the Commission. f'lll by)t~eGvo<:nunent othe ni~.Slatesof
agreeas follows: America on behalf of all the Contractingtso,•ernmera
toibc 1946 WhalmgConvcntioJL
3.ih~ Covcrnmtnt of the United Stale>\or 1\merico shall
infonuallI.Jo,•e Lrsgnatc)·or aclhedn10the
Arti clr I 19-16\VhalmgConvenlton of all ratificat:wnsdepos11ed
Subpamgmph 3 of theAn1cl I of lhc 1946 Whaling andadherencereceiv"d
C onvent10nshall be a.noJre8~follows 4. this Protcx:ol~arllhe dllte on whtSopened
"'3·wluJe catcher· meansa helicopter, or other a1rcrafLorUfialnd •remaiopen for siglloatuufor a
penod of fowte<!ndayther~ft fol.low ~luch
~'shap, us.:d for~the of hununglakmg killing.
tow1ng.holdingonto. or scoutingforwhales'' penod11shall beopen foradherence.
Tl\\1.1TNF-S HEREOF the undersigned. 1 duly
authorized,has1gn his Protocol.
DONE an\ViJShingn this nineteenthday of Novtmber,
Article IT 1956. in the English Language.-.the ori~hlal of 'Which
Pnrn1~r1nl'Article<)the 1\146Whaling \o nventibendepi ~sdin th~rcvheiof the Governmem of the
shall be amonduJ by deleting the word ..and" prUnited States of AmertcR.The GovernmenUnlidthe
clat(L).ubstitutingasem1Colon forthe periodat Stateo.A:m~ri shll t.ransmitccrtiliothereoto;
of the pamgraph..and adding IncJollowin~andanguageGo•cmmcnls srgnatoryor adhering tothe 19•16\Vhsl1111,1.
(i)ctho~d.inspection~ Convention
10 h1teroa tional Convention
for the
Regulati on ofW haling, 1946
Schedu le
\iinmc!ldl·dh)·thl'\omm1uiJ)Out 1Jw62nd1\nnn-RIMeeting
A,gudir.Mnrtln:1,•tt z()10
11 1NNliAt. lllW<?RTO11IN1'1:1u-lii'i\lIII\LINGCIs:;r7~I\1
International Convention
for the
Regulation of Whaling, 1946
Schedule
ThtSchctlpr.1UtdonrhcfollowingpagescordainsIheamcmbyUtec.~o~mn1ltits61. nmwMetIing inJune'201Ulltrn ~trncn
whichar~01•inflaiic oolic-wneinfOeffa:t"'' II JanuaryZi)Jl.
II) Tnbtu J. 2 and3 u!'tacksare-in.didnstQt.her.posiUol)l'i- havebeenfilledwith al~ihit.yaid
Numhaedf'ooU)Oareintepan$.oftheSehcdultf l)nnalyl adoptedbythr;Cfl)OtnoUcditorh,l.
TheCoounl,; i<infpnneinJun991tl~~earub:l isLid!llla<themto1bers1JipofU1<Uoio~ocial!psblics iJto11ali<~not
Ctt."n'tioUutRtsuJ::sluioofWhatlu,gii.' iiucudbRuti~ Fianaitou.
TheC<n>uni,.ion ft<til39• (191ruw ing rheIhOreferenIQname• of nativeinhabit>ntsp3raglllph 13(b\C<btforltl!ll
~ognahipcalrpOits:l.o .asnottobl.!i-ncontru\'clnionofArlide V.(n#p, illl. Wlra3821)~
I.INT: lPRI ~TtTIO N 1.Toothed wholes
J, The following expre,;>;iohave tha m~ai nngs •tooLhedwhale- 111easny whale Wl11c1'\Iaeth in the
jaws.
respectivelyassignedtothem, thatsay:o
·heaked whale" means any what ~elonglngto the
genu M~csoplodm\,or any whale knownas Cuvier's bcakl!d
A. .IJ;rlwhuks whale (Ziphius cavimsrrior Shepherd's henked whale
·'baleenwhalemean ny~whalewhichhas baleen orwhale (Tasmacehtsshepherd!}
bone tthe mouth.Leany whaleotherthana toofucdwhale. ~bt!t'oes~ whale" means ~ny whale known ~s
"bluewhale..(Bq/aenopte1'/ICI ) Setnsinyw hale Baird's baaked wha(li oerdi lar~it), ll rnc·ux's whale
known as blue whale, Sibbald's rorqual, or sulphur bottom,niisamu.tiisouthernbottlenosewhale(1-.Typero<;Jdon
Al'ldincluding pygmyblue whnle, plonijlons), nmtb11rn bottlenose wha (flyperoodon
ampul/atus.
..bowhead wha le'(Balaena mysh<:;etumearu;any
whale known a$ bowhead, Arct-ic right Wgr~etaolar ''kliler whale'·(Orcinus rua~nany whale known
as kilkr whale or orca.
whale, Greenland rightwhaGreen. 1dwhaIe.
·'Brydt:s whale" (Balaenoplera edeni, B.m~mnsei) ~pil o lale"means any whatc known as long-tinned
ar1ywhale knowna.; rd~· shale. pilol whal(Globic.:phalmelaena)or snort-Hnnopilol
whak (G. macrothynclws).
"tin whale(Ba/aenopteraphysalusmeans any whale
known a~common finoock, common mrqual. fin whale. "spornJ whall."i (Phy,mauro ~tha/su)means any
whale knownas spenn whalespem1accwhale, cachalm·
hecrinl!whale. or true finwhale. potwhale,
"iay wru;le(EschrichliusJVbu,t:us) m~anywhale
known as gmy whale, Californiagray devil fish. hard he11d
C. Gen•nr l
mu:;se(digger. bback. or ripS:Jck. -stri}(.:..means LOJ)Ielth aweaponw;edfor whilling
''humpback whale" (Megaptera n,waeangliae) means
~and ~eanstoretr ti1fotoryship. lastutioor
any whale known as bunch, humpback. humpback whale, other place where a whalecan be treated.
humpbackedwhale, hump whale orhunchbackedwhale.
"Utke" mean;; lo flbllOYor make Casttou wha~t
"minke whale" (Balamopt era O<'IIIOIVslraB., catcher.
bonaerensis) mcam anr whaleknown as lc$scr rorqual,. ~os"emeans tooilhe-rstrike or lake t•land.
littlepiked whnle. minke.whale, pike-headedw~hnrror
"dauhval" means any unclai\lJed dead wlhale fmmtl
headedDnncr. floating.
''pygmyright whale'' (CapereamarginaJa) memlS3ny ~Rctt~nwgh~l''mea~ (a)i wtrhspecttobaiewh~l se
whale knownassouthernpygmy right whaorpygmy right
• a femalwhich has an111ipresent it\18111tnruand,
whak (b) with respecsp~r whales- a female '<:h has milk
"'rightwhale"Euba/aena glacial!,amn·u/ismaans
presenina mammary gland thruaximumthicknes(dep th)
any wha le known as AtlanticwhathA~.ticrighlwhale, of which is 1()emor nwre. This measur~hanbelat the
Bjscaynn nght whal.c. NordknperNr,nh Atlantic right r1id vent)l1:<t>of the mammary gland Jlerpe,ndicular to
whale-,Nonh Cape whale. Pacific right whusothu~rn thebodyaxis. and shabeloggedto Ihe nearest centimetre:
rightwhale. thaiis to say, any gland between 9.nd IO.ScmshaII
"s.ei whale'"(Bq/aenoprerabor"alis) means any whalbe Jogged as IOcm.The meas\tromcnt of any gland which
known as sei wbule. Rudolphr1rqu .aolack whuk or fallOl'lan e.-t.5 centimetre shall be loggednc~:the
coalfishhale. 0.." centimetre, e.g. 10.5cm shalogged as li.Ocm.
12 SC1li\D)lt.l>
However. notwithstanding thc:;ecriteria. a whole shall notlion Operations
be considered a lactatmgwhole tf scienhfic (histol4 (a) It•~'orboddtouse a whalecatcherat111chetdo a
otherbiologicaltdeneeIS pro~ecnto the appropnale lundstation fortht>pUipL'SoCf killing orallcmpting
natiornl authority establishmghe whale could noi at tokillbalccnand spwholcscxc pcp lac:<
that pointitp~)•sicalcycle hnve had" cnlfdependent on 0ytheCOrttractGovernment UIIICoCrdsnoeWtlh
1tformllk. $Ulrpan!gt8phs(b),{c)and(d) of this paragraph.
-small-pe whahnlfmean caching opemtion~ing (b) Each ContractiGov~nun haUtdeclare for
powered vc:sscls w11h mounted harpoon gwtS hunting :~ aId smtionsundeiL~unsdoctJOn.nnd whale
cxclUSJvdy for mmke, bottlenose, beaked. piJOlor kiliCT catchersattachedsu~ and sLallon~. open
whale$ season<.luringwhich the lllkutg or killing of
heleenwhale.">e,xcept nunk('bythe wlv!le
cach~ halIbepermirted. :open,e.qsshall
be for a period of not mors~1xonsecutive
11S~:.SONS
months inany periodtwl'm lvn~tha.ushall
apply lo all land slutionstJwJUrtsdict.•on
J!nctory ShOperntiou~ of t~uContracting Government provlh Aad
2 (a) ltisforbiddeIll use ["otmy shttlrwhnle
catcherttch~ te!eto for puros~or lakitlg separateope~aso mnny h.:declaNdfor Any lnnd
staion used for the takitr~nt of bgleen
or treatibalc~ wlmlc" C.'<ct inke whales. wh>tle,sexcept nuwhale.~luchi~mor~thnn
inanywaters south of 4/l' T.mituC .~cept 1.000 mties from the nearest landsUition used for
during,the period from I?:'-Decenther to 7"'April
theUtlangor treating of bale.:n whales. except
foUowmg,bothdaysinclus1ve. minkc whales. undereJUTISdtclof th...same
(b) IL is fotbtddcoll"aCfactory shor whale Contracting Go1•emment
catcher attached theretopurposeof ral.:tng (c)l:.tchContractingGovenunent shall declare forall
or treating sperm or mmke whales. exRSpt
landsta!Jons untiSJWlschctoonand foc whale
pcrrmllcd by the Con1ractmg Gol'cmmt:nl:i m catchers attached to su(:h land slllttons. ono open
accordanct'with sub-paraguphs (c) and (d) of this:;eru,onnot to exceedconhnuom u.~tlon.~
pnntgr an~ llugmph5 nny one period of twelve month:.. dunng which
(c) Each Contrac\lGovcnu nlshall c.Jeclarefor
tit tking or kiUing of spam whalc.qth~
all tacto~hpisand whale catchers ottached wlmle catchers shall be pcnuiucd: provided that
thet·eto uni~j;risdictifilopense~t lor ti pamt epen season m:b~de.t~ IoQrned
seasons notoGxcccd eight months oul of any bnd stationused [orthe wktrenr~!lsicr.m
period otwelve months dunwhich thtaking whales whtch is mon: than 1.000 miles from the
orktlling SI~t nhn1lesby whale catcher:;may near l~d ttation used for the ttre~ting
bepem~i. provdJdthatastpa topen s.:ason ofsperm whalesunder thejun schct1on of thesame
may be declarerort3ch factory shifl and the ContractingGovernment.
whalecatche<tlachcdthereto (d)EachConlractine.Go1·cromcntsb3Udeclare:for all
(d)EachConlractiltl;Govenuncnt:shalldeclare fl'f allland stations under itsdJcliOnan<!for whale
catchersWichedto such last.~t onoopsn
factol}'shtps and wCl\rclattached thereto
undertiJUflsUictiOiolne contopensseason s.:asonotto .:x1X.SL'conttnUOtJSmonths m
notto exceed six months out of any period of MY period of twelve moJtths during which the
twelve months dunng whochthe talcingor killing wkmg or killing of minke wlubythe whale
catchers shaUbepennitled (such penbe~not
of minlu: whales b} the whale catcher::<muy be
permittedprovidedthat n~ccssa cncurront witthoperiodJ.:ar~tl
( I aseparnw open season mbedeclared for for other baleen wha~pr•0d1~df\1rin !illi:l
pc:trog.prah (b) of this pArag.rapll·).p•ovided 11'1anr
each t>•colty sh•p nnd the whale catchers !lllparak o~a:n;moay beclcclare\1for any land
attachedereto;
(:!)the ope~cas nend not necessarily mcludc ~tlon usud loth~ lakmg or trcalll1!.\of mtnkc
whalewhich imore than1.(~ n)0s from the
the whole or any pnrthe period declared neft(c!\tland station u;;edfor the taktngor trellttng
ror other bolcwhale p~rsuant lo sub ofmink w~halesunderthejurisdiCtionof thesame
paragntpho) of thts fl8ragraph.
3. 11is focbiddrnusc afoct(J{yship wluch has belen Commcrin!!Govemment
E..x thata !-!pc:tratoepen Smnny ~O
used dunng a season tn any waterssouth of 40" South tkclared fanr land stat~on for the taking
Latitude for the pwpo:;c of tn:atmg balccn whales.
e.xecptminke whaletn1111yth~area e.xcept the o:tr.:atml!of mmke whaleswl·~located in
Anarea ~vio nceanogppht c condt deary on.~
NorthPactiic Oo.:ananddcpcnd<t aters north of dL•tingu ormlth!sblfthe area in whocltnre
lhr~uat frrhesamepurposwithin a periodofone lcx:uthd~thrr lam!statioos u:;eufa- th<takmg
yearrom the lcrrnmationof that season;th~•ided
ortreatiof minkcwhales unclcrliteJllftsdictJon
ctc himits in the N01th Plloilic Ocean nnd dependent ofLhcsame Contrdcting GovenU111.\Ill~:ut
watersare establishedvideu inparagraphs 12and declArAtion of a separore open sens1u1by vinue
16 of this Schedonu)ft l~Vdh~tdis paragraph of the provisions of this suh-pM·ilgntph shall not
~aU not apply to a sbtp which ha.•been usec.lduring cuu.'the~by1hc period of tiluc covcrirtg the
the season solelfr~.~g7.r snlting m~atond open seasund~care bdthe same Contrllcung
~ntra oiwlsal n~llnt'-'dfor human food or feeding Govcnuntntoe.xc ~ledoontmu mounts of
any twelve months.
animals.
13 i\NNUJII.IU;PORTOVTIIN~ii'' IN'JH!II;\b iNGCOMMISSION20](1
(•) The ptolu'bitionscomained in t.lrispsrngrdphshaU Howeve.rthis prohibitishall brc11kwcdten
apply to all landstations as denned inArticle ll of years afterits initialadoptionand atsuccocdingten
yearintervals, andcouldberevisedatsuchtimesby
the \\/haling Conventionof l946.
thd Commission. Nothing in this sub-paragl"dphis
Other Opcr.tHons imendedto prejudice the specinlle.gala1nd political.
statusf Antarctica."'"'
5. Each Contracting Government shall dcdan: for all
1vhalc catehcr$ wHlcr its jurisdiction not. opcraling
Area Limits for Factory Ships
in conjwtctiott with a factory shit>or land stati8. [tis forbiddto usea factory slorwlv~lc e.tcrhe,
COJltinuou<; en seasnot.to exceesix months out
ofanyperiod oftwelvcmonthsduringwhichthetaking attacheth~r~t fo,the pwpose o[ taking or treating
baleen whalcs, c.xc11in\<ewhaIC$, in any of the.
or killinof minke whales bysuch whale catchers followingureas:
muybe permittecl Notwithstanthigparagraph one
conlinuous opes~a~ oontoexceednine monthsmay (a) inthewatersnorth of6ti"N, exceptthatso•Em 1
eas!Wardsas far as 140"W, the takingor killingof
beimplement odfaras Greenland is concerned.
hal~w ehne. .ya faetory ship or wh:ale catcher
shalJbepcnnitlcd between 66•N and72"N;
tn .CAM'URE (b) in lhc Atlantic Occ:.anand~pcndt maters
6. Thekillinf(,commercialpurpos.of Whalesexcept northo40•s:
minke whales usil\g the cold g~J])(J sOnllbe (c) in the PacificOcean and its &pendent •Watesreasi
forbidden fmmtoobeginning of the 1980/81 pdagic of I50'\V between40"S and 35•N:
and 1981 coastal seasons. The killicomm~rcial ((() in thePncificOceanand its dependent waters west
purposes of minke whales usinth~cold grenade of 15o•w beMeon 40"S and20"'N;
harpoon shaUbe. forbidden from the beginningof lbe
(11)in the Indian Oceanandepend watorsnorth
198'2/S3peIRgic and the 1983cse!l$01*$. of4li"S.
(a) In accordancewith Article V(.l)(ctlf the
Convention, commercial whaling, whether ClassffirotionAre~aand )vi~oins
byp~lag op(l'ationsor from la~1 ionsi,~ 9. (a) Class!fkaJion of.4reas
prohibited in a region designated as the fndilln Areas relatingtoSo·utbern Hem~-ph• :aecn
Oc~a Sanr.tuary. Thi' compths~Jaters of the whales exceptl~rydsewhales are those waters
Northern Hemisphere from tCCJCiof AJrica to betwe.enhe ice-edged the SqualoAttbetwe.en
I0°E, including the. Red and Arabian Seas And the meridiansoflongituli~licTdabk J.
the Gulf Oman~ and the waters oft he Southern (b)ClamjicationofDivisions
Hemisphere inthesector from 20•E to \30°B,with Divilli••r~liango Sou.th llmemi~p: he;ne~
theSouthernboundarysetss~s.Thisprohibition
whala ~s hose waterbetwe~nthe ic-~d, gne
11ppliesirrespective of such catch llmits for haleenthe Equator and bctwean tl1e meridianso.flongiruc:W
or toothed whales may from time to time be I.isted inTable3.
dctc.nnincdy theCommi s~io This prohibition
(•·a~ographi boq1ndarieisn the No11hAilcmhc
shalloorc.vtewedby the Commissionati lsArmual The geogrtphic'dlboundaries forthefin, minkcancl
Meeting i~00 '2. sei whalestocks inthe NortlJAtlm1e:c
(b) Inaccocalnc~with Article V(J)(c)th~Conr
vehtior\ commercial whaling, whetherby pslagic l'li'lWIIAL£ STOCKS
opwnions or fmm land smtions, .iproh i~td NOVASCO 'I'lA
Soutru~WdestQf• linellu'QUS:(I
m a region designated as the Southern Ocean 4 7•N 54•W. 54"3~'\V
Sanctuary. Thit; Sanctuary compth~waters 46°N 41'\V. 41~W~~'
o[ the Southern Hemi•'Phcrcsouthwards of lbc
NEWFOUND LANO·LABR.AOOK
following line: sta•fn)J\40 degrees S, 50 WeltofaliOclh0:.\!lh
de,grees Wth~n cue ea.st t::wdegre e:~ 75"N7J<30'W,69'N 59'W.Gt•N59"\V,
thence due south to 55 ckgrecs S; 1hcnce due
52c20t~12V>i(id2~W ~.nc:J
east to 130 uegrc.-.the.n dc~ north to 40 NortJolIincUmmg1l:
degree,.,S; thence due east to 13U degrees W: 46•N 4.1W. 454"3~'\VM>I4 W
then cue south to 6Udegr<s; thence due east WES1G' REE!'<'LANO
to Sde.gre<W; ~hen duet'orthlo the poim of F..os:li through:
beginningThis prohibition applin~specliv<! 7~"N73":\P69'N5Y"W.
61"NYJ"W. >2"20'N41"W.
of the conservation status of haken and toothed nndWe.••o·fa linetl)rotJgll
whak ~lock is!hi.:Sanctuary. as may from 52"2Q'~2''59•N42 W,
time lo time be detcllllin<ldby the Commission. 59"!>1-tt..:F•rvel.
-The:COvcrmnenst of Brtl?i.l, Iceland, J:thCt~tantlSoviet Socl:llifl Republic!;(OdQedoh~ecan'e\ uttafCt!
paragra6hWilhni theprtSl:ribtdperiod. Forall1iovernmettnits~c~cn1rn-inloforceon8 March l98?.wiha~vjils
objcctiooon9 July198.<andlilm1.l1.92.1cclanthwrtrom1hcCon•~• n<hdlbcl fr3(Juno l!W2.The<ll{icJap;~nl<f
rbeRu.ssi!mFede1101haviugbeen\\lit.his senrenc.eisnothincHng IIlJOnrhesegavernn1enrs..
0Al ils 54 AmtuatMetring_in.2002.theC.ot>cofllinuet-hisproJubtiillisc~httJrcoritli 00I11tlmcwhenil should
bere.vicwc.dag·ain.
- TheOovommM ofJapanlodgedanobjectionWilhintheprescribedpcriQ<rlopantha1aplicI~Jheilmarcticminkewhale<tach
't'btGt>vneuue11o1f tilekussi:UIredentl1on IIOparag•r7<J~ilcioUJeprescribe<pl<riodOutwitCXLcob19!4. For
allConlrn"Cov(TnOICMftVIJ;,panp:<ragrcwneiulforon6 OeccmbCf1'994 1
"Parngaphi(b}t\")nrovi::ionfo1·r(viewofthe SouSartcl~\eyerrafterits inirinJ-adopl,on P:u-a;dlcdatI-6..,.
(1994)AnnualMeeting.Thereforreviesd<ein 2004.
144 ~Cit~Jtt.rl
EASTCREENLAND·ICI::LIIl\'0 (d) Geosraphic'al bmmdariesmth1tNonh Poc!/ic
£l!ofahn< U~ro: ugh
Kat>Farve!(SouUtCon<:nluu<l). Thegeographical bounde~s or.thespen1, Bryde's
nnJ minkewhAle stocksintheNorth Pacific Rre:
~<rN44"W.>9"N~z·w.20 N 41w.
and We~ oft hn• tlirOOgll.
10'N18'\V, 60'N IS IV, 68'N 3 E.
't ""ll 'F.,and Soutl•of7< N St•ERMMIALESTOCKS
Wt:!n-JoRNOIVISION
'IIO~l NOllWAY w.,aota linefrom Uleice·«<g•s~Oflthe 189 nocndi•u
\lortlt 1;a<1ofl111elh~ orlor~o tlISn"lSc"N.Ihmca>al011;loe~ p..llctof'
7~~ 11-W,7~'N 3 1:.6. 8 :. J 10. ICitudelo 160"\\', d1eSOUiht10f18the 160"Wrumdlon
dfloo~it 16dwc~oO'Nthe"ea.•uto r11tJVeIll~r
Iii 'N 0', Iii N II 'E.
t•~u oe150W. ~O·t-'laJsouUoal011t1~0cIVmend'""
WESTNORWAY·FAAOlE SL.ANDS of longohod<toth< Equolor.
Southor. lonethrou.'ll! F.,O.STt;R'NDIVISION
67'N 14'1j,67'1'l0". 60'NIS "W.
II!IJ Noo(anltichrh o·u~ n..ofthe lint describednbuvc
6l"N 11\"W,6t''KI1•,1'hyborm•
{WtSit1'0enh'nJ·t.unl)\ll'dcn.IJcJUnu.k•
UKYb!C'S WIJAL£Sl'OCKS
SI'IIIN·POilT\)111\t,.Jik f'M:\IIISI.l!S f!IISl'CIIINASilA
Southofallnetllfo up,h.
ll'e!foftR)'ukJsland drain
'fh)'lx>n>ttmtarll).6t•Nn •r16'W
and Eltof> lineUoroofd1. t!A:Sn:AN
li1 'I' II{,011~ W lJ •JR'W
r.,lt16(H\' I<XchodingdocPmtvian <lock.,a I
W&ST'fRN
We;t ot60IVltxdU<IillgUteEa>lOtlrloSa 'IOO(Oitco)
~IL'n Wa:ALE STOCKS
C;\NAOIAN !lASTCOAST
Wm ofa lin<tl~r: oogb Mli"o'lE IIALESTOCKS
75'N ll "JO'6~·N59'\Vhi'N ~IWt. SllAOP JAPAN-Yt;:LLOSEA-1£1\:STIIINASI!A
52~..1'142"\lO'N41°~ . WeilloIlinethrought.-hilippils:t~llhfwa,nf\)tiJ.k)'U
tslmtdK)'\lbtu . Uollokk:Jido'"'dS•klollhluortbutd.
CENTRA~ ufUt<E'IUIIl<Or.
casl ofalinethrough:
K•p F$1'/l<tSoouh l1rttnluud).
59 N44-W, ~9"N~l'W,lll 'N·12'\V, OKHOTSKSEA·WES1'PACIFIC
F\aortheSelloFlnpon-YellStM11•<1l'lloo•Se• god. :oood
andWestofa huelhoug)~ •niof ~''l,lrthoflh•l!qoaot.<>r
20"lJ HnY, GCfN18'\V, GS'N 3'E.
74 \13"E.andSo111hoP4 N.
JU',J\lAII\'OHR
t!O>oIflht Okhoi>I.Sc1acinc-tod:.nioJUotl'iqowo.r
WF-~T GRI'.f.:'oi\.Al\1)
~ of•lioeUttOOglt•
W~ '3"30'\V, WN S'. 61'N 59 IV
S1"'~N0~lleW11ld
(e) Gi!ogmplucal bormdmi.!Sfor Brytk ~11/Jalotoda
WC$tora lute:tbrou_!.h 111tilt?SouthemHi?misph<'t't'
o1'02'N~2\\', jN42 W
59 \1-t-1-W. KIIjlforvcl .
S(ll .'TIICilN'fr-.1)1ANO'C!iAN
20VtLo130"1!.
\IOR1l!F.ASTF.It'N' SouthofthoE4uat(1.r
Em;lol'alineUoroug:h
21l"N1'8'W.60•N 18"\V <>·E;H3lo/J<F..
SOLOMONISLA}.'DS
:Uld Nortlolinclhf\'o\goh, ISO"t; lo I10"E,
74•N3·E, 74'N22 W 10'8 totlJ;ur~:QJ
~ERUVIIIN
11oew fa the'South Amenam COitlil
Ill'Stf(I<J\
SF.l WHAI.F..STO ("KS
!«>VASCOTIA
South3llw...of•lonc•t•oc•~h tlASTl;IU'SOIITII PA('IFI("
41 \13'w 46'l'~~·sww.t6'N ~:w. IYl"\Vto10l'W.
.20.N42:''W Southorthe~ ... lc::<dodi;nlhePtni\~.,.,,.
ICELAND-l.ll!NMARJ,:STRA.I1 WESTER ISOUTH PACIFIC"
UOEiol~OW.
f.astofa llhroo~·
KapFllr\'ei!SootloOrtcnlan<ll. SooUtof the Equ:tllll'rcxtludiotztheol>l•n<>~IOC:~
59 N~'IW, 59'N '12'\\ , 20W.42 !lrca).
andW~l c.lFlnihru.h.
20'N t8'W.60'N 18'W.61! N3 '1:.. SOtl'lll ATl.,AN'IlC'
);I"N39i, andSoulllof74"N. 1luWI~'l"U'.
~ouhlottho6quatoce.oi~ngtudSouthJl.l'rlcaulu,lo·ut.o;tu,l
EASTERN llrt.D.
!'lastofslineIJlrough:
2\I'''NI, 60"N 18 W,VS'NJ bN 'N3'1. SOl'THAI'RI.CAN INSROR.E
twdNorth of• luoe01r0ugh Soutb Nhc11nooa>wc:snr 2''1!11od out Ia lltc 100 ouclte
74'"13'R1~"Nl,'W o<o~l,llh
15 1\.JISNUAllli.WORTOn'JU>IN11';1u-JAl''IONAI.IVII;\LINGCOMMISSION20111 5
Classification of Stotk.5
this leveLThe pcrndttcatchfor such stockswill
W. All stocks of whales sllllll be clsss,lied in one ofthtee notbe nJQtethan'.>()percofMSY as far asthi~
isknown, or.where itwillbe more appropriate,
categoriesaccording to the advicef the Scienttfic
Com inittee as follows: catchingcllort shabe lin1itcd to that wwill
(a) A Su.~t a n aeodem Stock (SMS) is astock tk,·90 perc,:nof MSY inastock atMSY stock
which Is nomore than 10 per cent Maximum level.
Sustainable Yield(hcroinaflcrrc.fcrredto asMSY) Intheabsen of~ny positivevid~ hcta
continu ingiger percentage wilnotreduce the
stock level belMSY stock level, and not more
stock below thMSY stock level n111lorethSn
than20 per cent ahove tl1at level; MSY be1ng pa cent of tle$timatcd initial exploitstock
tietem1inednthe basis of the numbofwhales.
shall betakenn 1rnyom·year. Bxploital:ionshould
When a stock hus remained a:<stable level not cornrncncc1mtil an estimate of ssize has
t'or11 cond~irbal period under a regime of been obtained which isatisfactorin the view
approximately consllmt catches. it shall be of the Scientific Committee. Stocks cla.sRSfied
claS~ isaiSestainc<lManae= en!Stock in!he l.ni:tManagcr utockaroliswd in Tabk:. l, 2
absence of anypositive cvi<l<::;ctchal it should be and3 of !hisSchedule.
othcnv is<:cbssilicd . (L')A ProtectioStook (PS) is a stock whi<:his below
Commercial wha lingshall b<'penu itteon I0 perc~n of 1viSYstock kvel belolvlSYstock
Sustained Management Stocks accordingto the level.
There shnllbe no commercial whaling on
adviceof theScientifiCommittee These ~iocki!
are listed inTables I, :land 3 oftnis Schedule. Protection StockSock ~o classifi~1rIeted in
Tables1, 2and 3 of this Schedule.
For stocksnt or above the MSY stock level, (cf) Notwithstanditheotherprovisionsofparagraph
the permittedcntchshallnot exceed 90 per cent of I0 there shall be a moratoriwn on the taking.
theMSY. For s~o< b:kwseenthe MSYstock level killingotr~ ntgofwh~le exc.ptmin1kewh.ales.
and lO per cefl\. below tlevel.the pennitt~<! by factory~hip $r whak calchcrna1t!achcd to
catch shall not exceed tbe nw1er of wha.les factoryshipsThis moratorium applic;s ;-pcrn1
obtaiMd by laking 90 per cant of th" MSY and whal,< kilerwhnles and bal~n whales .e,'1cpet
r~;~cl tuaciumgbcr by I0 per cent for.:vcry I minkw~h: ll.~s
(e) Notwitt a:hd~ithe otlwr provtsionsof paragraph
pa c~n by whichth0stock falls short of t. YNIS
stock lave.!. 10, cntchlm1iL ~or the killing for commercial
purpo sf~whales from aUstocks for the 1986
(b) An initiaManagement Stock (JJ\il.S)is stock
more than:::per cent of MSY stock level above coastaland 1he 1985/86 pdag ic seasons and
theres.fter shall be zero. Thi.;;prov.isiQnwill he
MSY stock lcvGI. Commercial whaling shall be kept under review, based upon tbes sientific
pcm1iU.:donfnitiManagcm..,ntStocksaccording
advice. and bv 199atthe!nt eh~ t.3mmission
to the advice of the !lcientific Committee as to will tmdertakc a comprehensive assc:ssm.,nt of
measures nece..<oo )bringthestooksto the!\IISY
theGtlccts othisdecision onwhale stocksand
stock level AthenoptiJnumlevel in an efficient conside.r modificationof thpro i~nioand the
manner and withoutrh•kof reducl'!1gU1em helmv .:stahlishmentoth~rcalChlin1it'i<o/1
-nu: GovernmentJaJ~HNoUway. Peru-ruldUJetJutouofSuvie;qmiJiJoit~loe.ctlnLOvmgrs1lh1O(Jtt.iuu~res{'riberd.foro
n.IJothcr<.:antravrmnelnslhisparagrnhpcameinler3t'cbm11l~S..ernwithdrewitsobjcdionh1l198:.1TheUavcmmcntofJapiJn
witJHirits obJMJwitheJfeo JfomLMay19&7wi1e~pe o.cmmerctapel~,\Vhali'n:gttom I Ot987 wiUt respeclro oonl(nerciaJCQa.qal
whalingformink<atl<yd'whaleandfromI April1988wilhr<il.Qconuucrdnl co.ast•slpermwhaling.Theobjectandlhc1\ussluu
Fed.;nUionnolhnvin.tithdrawntparo~g saptbindin.gu~hcsGo.V4:mm~;tll.t.
•(CelaudSinstrumtnlof:tdhen:lntcrnatiC"u.oveuforU1c RegullofW)ut l1u~.tgrotoctOu :OIIVe:tdq1.~itot1.0OCLl>:rt
Z002statesIIIRtte"BClhrccstaforidc~anventionaProtqcl id1rcscr.oo-wIrespec<pnrngmphoc),ofth'd1cdu1t_:echtodu:
Co!\Vcution,''lbtll o;tru!1,~1llollowio1g:
·otwUitndi.nth~the Govcnnnmtof Icelandwillnotaulltorit'it'\1l/ihna.gfohySrcelauv~~l.1seFore2006aud,-Ulercafler,
wifnot:tlllhorlsewhaling1JlprQr~_isbeing madene.g_oatiiil lriT\ /onthe RT\'f.S111norilpfll).'howt\rer. d1eesse of
StJ-a ~or.toriuonwhtng f'l ommercJiaplirposcso.onlainedahl~eooftheSchedun~ beinglinedwithinareasonablelimeafter
u-uc:-ompleuf"thcRMS.Underuccrntu~~twillwhaitfO :onrtnerdal purposeslieauthorisUwiUuJtUasounsisun<~effrtUve
managemen~d euJort,.'tsdlemc:
Pl.hG<lcmmwtsofArgUlia.Allsr'laliaChiliinland. J'r. ermanUU.•McxicQMoni~·IlkN,OtiHi~dNewZ. alan.en ~nMurinf.\
Spaio.Swedeu.UK andUlt USAlud~oebdecti o c~t•od'sre.serv">ar~~IQrutlll
166
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i:
17 Tl.blcl
!k)\:k'li'lttl~ll.x;inlllQltlI~I,CIJ
~l iniJ
,m_I• 1II[;)(NIII!MIS218111."g11-1IIJ'(l!t{l~d:~~o.t.IIA
""" \I!,I!UC'~\Idl
Sooii.,.,,,.,....,,~.>do>
&Alit.Afnruti!li1v·•• "
~·tolllt!ltSLOLlt
1.\olc~rll-'\•111t'SIIt!l:l:
&itm~~II l"t Uk 'StUd.
lt'n"!l~it
""\CI F..:iCJim ~~~ l
'liil1t«L11
~em~
aulil~ su:~.w
~\"lR !1l,~iTJlCt~.a.•...,..
~':lfmr ft£1.D..o"C:-'fr~" AII)
1lio:alillIlfaG mlmclu,'NJI~Ill: e~tfrafmo i1~q~~lllavniD_!Idl'«;;r~; liIo")
•••10411!1•••"•lti'~W!h•I!,tt'H:"I!liIil umllu ""u.hlt• ltt...,..i lltlk folllll•...,,...
•,\'o•/Httn.~I,
"l*'ld
IC'r.>\lO~Ik_.tii4h\"o~~C"'IIJt'aIII
SI'IOOl.
~1e..... (Atdill.toil
1.1'"'\V, :;(/>l\t ,,
$'i"i "E •
~"'Vl: •
Mf•llli f"
)ll·1lif" C "
l~li'l\t•'l'h •
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' •
• 11nW·IOOIW •
• 1\W.P'W·~ •
t-lIlJ..._M::'H.tH.$l~::i.lt
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l:~r!DM~otuft ,,·
!Mm: tA'J\.AifriC'
NUk l'lll~l:tA:'1UI._,.
•
·~ Illhale. nla)-ll f 1J.i a11~d'lt•1md ulk'llknn~!••\1:ue~~~ • ~l lnll')d,r
C\J!II!I 1JI<
'Thftldll ~f~ll~l ~~!ti1'M!l \ ' NIIIOI'III1.61\"'<lf!«Mild~~ a~( ptn.. llli# l
ll~~bimfn11up•)~~ltkddti .li•Q ~WtQit~WC bla(lj,hcnvttnt:b.l!twnulj..-n~1lva''''ttc_,MI
•fNf#IJ ffJfO/I .
18 B.'llrtn\\"halt Catch Limits ljUOtasrollbe: earned fO\rd and
II 'l'henbcr of baleen whales 1akenanthe Southern added to the stnke quotas of any
Hcmt:>phcrci:n the 10101011 pclagtc;;casonand the
~ubs.! qearsnpm•·ided that no
1011coo. .taaonshall notexceed thelshown more thon 1.5stnk.-sshaUbe adtod
.n·rale-a~nd~• thestnkc quota forany oneyear.
12 The number of baleen whales taken in !he 1'\ortn {ii)'fh1s prO'\tsion sha~l review~d
Pnclliccean anJ dependent water.;011 and10 11nnualhy theComm~:~n~ n hght of
the North t\tlllnllc Ocean an:!011shall not llll(."tl<!tlthc th ~dv1ceof the ScicnCo111mittce
limitsshown mTabk$ I and 2.• l::!l The tnkmgor groy whaks from the Eastern
1~ (a) Notwlstandmg theprovis[oof paragraph(a. stock an Lhc:Nortb P.dctL~cpermitted,
Ctltch limits for aborsubs~tccnewhaling but only by<abori gianC ontracting
to satisfnbongl m ~ubsiStencn~ed for the Gov~mmen ot bclmlf of abtxis ines. and
then only when lhe meat and products of
198.Jwh~lni sca.<on and each whaling season
th.eIr\rBhall b~stu seu~inat.-cordance with suchwhnl aec to be use~xcusvel foo·
lhcrollowing pnples: loc.ulconsuntl>honby the oborigincs.
(I) Iorstocks ataboveMSYlevel.aborigimol ()) For the year:; 2(JOS, :9(, 21/IIJ,
subsistence catc shall be permitted so 21111nnd 21/l:l, the numher of grny
long8~total removals do not exceed 90 per w hnlcs 1t1mneaccordance with lh1s
c~nto(MSY. trub-par:tgmph slmll not i!Xcecd620,
(2) For $\,)Cksbelow the MSY level but lll'IWtdcdthat lhc number or gmy
above a certaonminimwll levd . abO'!iginal whRics taken m any one o[ the years
subsist ~accecshall be p.;ittedso ~on, 2009, 2010.::oand 201hhall
nme.xcced140.
longas theyaresetatleve1swhichw1llallow
whalestocktomove totheMSY level. (•i) TlusproVISJOn~hal le reviewed
(3) The above provisions will be kept under aMuallyby th' CommiSsionm hght of
rev~b eaw.duponthebesscientificadvice, the advtcc:oflhc ScicnlllicCommillc:.c.
and by 19\lil at !he latest !he Commission (l) The lAkins baoongJ nfmsinke whales
wdl undcrlal: comprchcnsilru.-sessmcm from !he \\'eo.tGreenlandand Central stocks
of thclf~ cr~lhcsc prOvision:;on whale and fin whah.>Sfrom the WeG~nland
s1ock and bowhead whales from the
:stocksand con:std('rmodtlicahon.
(4) 1·01abort&itml whaling conducud und.!r West Greenland feedmg aggregatia11d
c;ubparagraph:;{bXI). (bX2). and (b)(3) of hunt pbock whales fr om the West Greenland
fu dinga~:rg!ton'llpttm111cdand then
th1s paragro11ISforbldden striktake
orlolcalv orany whaleaccompaniebya onl)'hen the meat and productstorb.!
onlfForabongonal whalingconductedunder usedexclUSIVefor locslconsumption •
(i) T~ nluulxof fmwhaks slntck from
:subp;iratp1(bX4) of this paragraph. it
•~forbidden to strike. take 1mcldi~ theWc:.tGn:tnldtld :ltaccordanc~
calves or fcmalwbalc a~companicd by woth th1s >ub-paragraph shall not
e~~c e6oneachof the yeaxs// 2010.
talves 2011and 20121•
(5) Allaborigmal whnlmg shall conducted
unclet nauonal legiSlatiaccor~.with (it)Tho number of minke whalestrcuk
from Lh ~entral stoin aacordance
thisamgra[lh. with tlus ~ub-oragr hashall not
(b) Cotoh Ll tts for oboriginnl subsistence whaling
areasfollows: exceed 12in each oth~years 2008,
(1) Jhe htking of bowhetill whales from the 20i19.201n. 2011 and201~.except
thaiany un~ud portion of the quota
B~rmg-hCuckh-Be ufon Seas stoclcby
uborlgtnea ~ nmued.bilLonlywhen the for~ahcyear shall bt.·can:ieu forwar([
frumthat~I anla"d~dta lhc quota of
meat and products of such whales arc to be anysub~equte yars, providth:no
used~xcl iudsyfor locae<~ump otiy mm·ethnn3 shalbe11ddedtn the quota
the abongincs and further provid«<thnt:
foranyone )'Ca.r
(t) for the yea~8, ~9, ::!01~01 t (ii Tho number of monke whales~1cJk
ami :!Ul-.1,tnumb~r of bowh.:a<) from tit.! West Greenland stock shall
whal~ landed ,;hall e.x~e ~81.J notcxoo:ed178 an each of the vears
Fareach of these years the number of II':ln,2.0II and1012. except~~any
howheadwhal ~truck shall not exceed unused portion of the quota for each
67. except that any unused pc>nionof a yearshalle earned forwardfrthat
str1kc quota fran any year (incluiling year and adde\Qthestrike quotor
15 unused strikes fium the J003<!(1(t7 any of the subscqll<:nly.:an;,provulcd
•S,.f•• "'•tciiTIIIJir1.
'The("OffUf'Onad\lt« oSct('flCommutte.sha.lleasUra~po.~ UJamDiucm'locklt\d rbreachN!lcwhic"haksiltaU
110t>tllktf(bl&tlltOfiAttoward>tMSY lcvetl\>reoc'l'heScitnlifioCC»tuniueOlllllllll<tOlt\Ct1d111rtntc
nl'rlllc:osrm.masttO"Mik theMSYleveluoderdillb<nt tatd! rej:irut>. -
At /WCO llf .lg<UIIrJIUI•l0 /0. D•tulNIDfltu"~ 'tDioiJIIUIIrllJ, dJJ'fjl llfh ,rt M rut<lt /l<k•tD»' 11,1 ll;~mtoGlr""d
./I•rhlol•sfr• m 16 1• 1/Jforrot: h •f O" J¥"1T"l0 /Q,ZQI/1111d1011.
19 M<NUIII. fUWORT01..IN1'A TION.i llli,INCC'OMMISSION701\I
1.ha1no morthan 15 Slnkcs shall be stationsanufin whalcsof notlcssthan5('2cct(l5
added to the strike quota for any one mere. ~ay be taken inthe t\orthernlllem,sphe,·e
year.Thilprm·ision nrbe rl!l 'iewetl fordeliveryto lstaon~i.rovidedthn11each
if new scietrtijic doll1become available coscthe meal~uchwhalesisto beus.!tlJoeI<~
withitr the5 year period atrdif consumptiona.huma~ n'a~i'al food.
11ecessar)l amt:t011bfLiiof tire
adl'ice the St:il!lltific Ce.•ille
(iv) The numbeorbowho:odwhalesstnJcL: Sperm Wlml• Cutrh J;mils
olfW.:st Grunlnntnaccordance wilh 16. Catch hmus for sperm whalebothsexe s~allbe
this 3ll\>-plllllgrnphshall nu~ exceed seUit7.eroin theSouthllemisp fhrtre19818:!
in each of yea~ 2()(18.,20~01. 0 pclagtcseason a19~8coastalseasonsanfollowi~
2011and 201~-excetthijlany unused seasons. and at zinthe Nonhcm Hcm.LShJclr.: for
ponion ol'e quota tor each ~hlal the J982ttndfollowingcoas~aso ~nxc!e;ptt f.a'tth
becarried forwRrdrm lhnt year and catch lI~Ifor the 19M2coastal >i<!Dsaonnd CoUow1ng
added to lhquotaor any 5Ubscqucnt sear ~'in thWe~' mlDieision of lhe Nc,r1h Pacific
years, proviucd that no mo.re than shnlt re.rnninundetennined nnd subject to decision by
2 shnll badd~ tdlh~ quota fo~y lhe C'um1ssion folluwmgspecialarmd m~celins•
one y~ar. Thilflrm·i~ liionbe oflhc Sciti!icCommittee. Th•-.selimits shall rnmun
rwiewerifnew ~citeicfllfa /JectJme inforceuntilsuchlimeos1hcConuujS5ion,onbu•s
IIIVJil1erilltin thl! perioandr of the sc•tnllfic mronnation whicb1rev1ewed
nnnuallyd~cio deh.e•rwin~accordanc•ewitt~h
ifnect!;rya.me/llltm basis othe
atM ce of lhe Sdtllfijic Committee .• proceduresfollowed atthat tilucby theCornnusston.
M The nunrb u of hNmpba ck !>'hales 17. It asforbiddento takeor kiDsucklingCYCcmak
srruck off llat Gru nlnnd in whal ~ccomparuedbycalves.
accortfllnl<'ifthilr sub-paragraph
shalf nI'XCI!9 ineachof the years Sperm Whnlr Silt Limits
2010 , 2fJ/1 a11d:!012, e:<ceplthalully
unusedpol'litm of quotafor each 18. (11)lt is forbiddm to take or kill any spenn whales
below 30 feet (9.2 metres) in leex~ph l
year shall he L'orritul fonvurtl from
rhalyear and ntltlultJthe A1l'i/w the North 1-t\lanltc wh~rn11is (mbi dctiJ
quotaofany flthe subsequent years. tn ~orkill unspennwhss l~elow 35 reel (10.7
pro•·idthorno mtwe th1m2 snikes metres)
(b) lt•s forbiddento takeorkillanywh~nukver
shall be add/Ithe strikquotafor
any filyear.111 1>rO•Iisiwilbe 45 (eel (13.metre in~rngth m th.: Souom
rl!l •iifnewtsci. tific become Henu~phc north or 40" South LatJ!JJdcduring.
mYiilable within the rl!maining quQ/.a the monlh:sofOctotxr toJanual)'inclusive
(G'It is forbiddtnto takeor killany speovuhale
peritJtl ifll ece-..amended tm
the ba&of/heatl•·iofthe St:ientijic -15feet(13.7metres)mlcn.,"'hinthe NorthPncitit
Commiltee. • Oc~n anddependent waters south of .JO Nonh
l.nurudc durmg the months of Mardto June
t-1)For thcs=ns 20011-2012th~numll\!r mclusJVc.
of humpback whale to be !liken by the
Flequ&asnof St Vincent and The Grcnad&n<!s
shall no~xco e0dThe moatand products
IV. TR F.ATMENT
ofsuch whak-s arbetused txclusivclyfor
local consumption in St Vincent and The 19. (a) Iitorbtddcnto w;ca fnctoryshtpora landstation
Oren.adines. for the purpose of treating any whales Wh1cl-olre
14 Itlforbiddento t: or killsucklingcalvesor fomule
cbsstfioo as ProtectionS\ocks m parng01ph I0
W1lalesaccompanictlby call'cs. ijre takincontravention ot'parll!lf&ph£2. 3, 4.
5, 6, 7, 8, II. 12. 14,17olL'h~.Schedule,
llnleen W hale Sizi ib..m
wheth orrot taken bvwhale cmchen;underthe
15 (a) It is forbidden to take or !.eor 13ryde·s junsdrction of ntrn'ctfi\g(j{'lllenunenL
whales below 41l feet (I:m~lr) ~n length (~ )ll other whalestac:<:ccptlltw:halc..-s:hsall
exceptthatsei and Brydc'swiUJlcsof not lessthan bellthvcrc1.0thfactO!)'sh1por land stationand
35feet 10.7metres) may btakenfor dchvczy
ell~ru ;f such whales shall pr<~'l byd
to land stattol1$.provtdw llull the meal or such boilUlgor oth.,rw1se, ethepmtemalorgan.,
whales is t~ useu for tocsl ccnsumpuon as wrolc bone and lltppcrs of all whales, the mcot
human or animalfood of spcnn whalesand partsof whales mtcnded for
(h) It is torbiddento talieodn llanvfin whales below
hunt3n food or li:etling animaConntclm~
57 fc(t (174 metres) in kngth m the Southern Gov~rrun meny1in less developeJ regions
Hemispherc. anu tl is forbttklcn to take or kill excp~lonlylpcr:mltr~at ifnghalesWithCuJL
rm whak~ bl'low55 ree(I6.8metres)in the u~ ef landStetioru;,provided thatsuch whale$are
'lrotrh~llemis 'ptexO )~thatfiwhnles of
fullutilised i11acoordancewith this rnrngrnph.
noi less than 55 (16~m~w:s m)&ybe taken (•·) Complete lrcatmctheocarcas.'soF "duuhval"
in the Southern Hemisphere for deltoland uncl whuk ~c;(as f-dcrswill not be rcdrJUc&
inCllseswherethe meator bone of such whales is
'Srrf••IHolrlo Tobit J. 10badcondiiJOn
20Ill sc1u;out.c.
20. (a)The takmg of wbaks for trcauucnt by a factory ~lcasurt smhcnbelogg,ctothen~an ootor
ship shall be so rel:lulated or resu·icted by thc).!metre. Thisto say,any whale between 75 feet 6
m aster or person in charse <1fthe factory snip inche~nd76 feet6incb seallbe logsed as fe~t
thatno whale carca(CXctLof a whale used as and anv whale between feet6 inchc:;;aru(ee6
a ft:ndewhich shall be proce,as soon ais inches.shaIbe log1;cd as 77 feel. Similarly, any whale
reasonab pracbcable}shall romain isc.a for e.tween JtJ.15 metresand 10.25 me.tJe.sshnllbe logged
a longer period tthirt-tre~hours from the as 10.2 metreand any whale betweeIO.J5m~Lres
tinte of killingto the time.when it is huuleu up11nd10.35 metres shltll bela~g10.3Rl<ltrThe
ttearn1cnt mcnsuremcnr:.ofanywhale whichfalls onan exact hnU'
(b)Whales taken by all whale catchers, whether for foot o0.01\Jetrshall bloggeatthe next half foot
or 0.05 metre. e.g. 76 (i<.clprtcisdyshall be
factory ships or land stations, shall be clearly
markedsoas toidentithc~atc rh~d toindicUie loggedas 77 feet and 10.25 metres precisebe shall
tl1e order of catching, logged 1(1.metres.
VL INI'ORI\'IATIO N REQ IJllU:J)
V.SUPERVISIONANDCOl\'TROL
24, (II) All whale catchers operdting.in conjunction Wtlh
21 ia) There shall be maintaqneeach factory ship ut a factory shs~' llortby rndioto the fuctory
least twnsper c~ofwhaling forthe purpoof ~hi:p
maintaining tWenty-four hour iru,pectionprovided (l) the time when each whale is iakcn
that leastone suchInspector shnllbe maintained (2) Itsspecies, and
on each ()Stch.er functil1n11f(tCtl'lJ'ship. (3) its marking effecred pursufparagolhm~
Th~sc inspectors $hall be app<Jinredand paid J.O(b.)
by the Government having jurisdiction over the (b) The infonnation &-peciU1sub-paragraph (a)
f(tctory ship: provided that iru;pectors need not beofthiSparagruphshalleni~r imcm~dia tyoly
appointedto ships which,apart from the $toragc a fitctoryship p~rman teenord vlhich s)lall
be available at all tii\Jes for e:byatheation
of products, are used during the sea&or\solely for
freezingrsalting themeaLand entrails of whales whnling inspectors; and in addition there shall bo
intet1ded for human fi)odor feeding animals. enteredin such permanent record the followi1
inlomtalion as soonab~cmoesavailable:
(b)Ac~qutaeinspection shall he maintained at each
land t.1ation. The inspectors serving at each (l) timeof haulins up f'ortresttment
land stati shall be appointed and paid by the (2) length, measured pursuant to paragraph:23
Gov~mme ntving jurisdiction o~"' laml (3) sex
(4) if!\:mole, whether loctatmg
station.
(c)There shllbe received such obsen•ern;the (:i)len.gthand sex of fofpr~, nt,nc.l
member countnes11a1y ammgeto placeon factory (6) a full c.xplanationof each infraction..
(o) 1\~rcorsmilar tthadescribed sub-j')j ~amgm
ships and land stationsroups of land stations
of other member countries.The observers shall be (b)ofthis paragraph shall bemaintainlandy
appoUltd by the Commission acting thrltsh ;;lations. and all of the infmcnlin~din
'>ecr etdJ~iybythe Governmemnominating the said $Ub-paragmphsh~eentered therein ns
soon as available.
ihem,
2:l. Gunners and crewsffa.~or yhips, land stations, (d) Ar.:cordsimilar todeti b~dinsub-paragmpb
and whak catchers, shall be engaged on such tem1s (b) o[ this paragrashallbe maintainedby
"sm~U-ytpe whaling,. operationsconducted
that !heirum:rstioshalldepend toconsi rdb~le
e>-. up:n~nch fnctru:sas sp~i~ ssz.and yield from 5hore oby pelagicflt~eand aJJ llf this
of wha~s Andnot m.:rely upon tl1e number of the inf11m11n mentioned in the ssub-pragr~~ph
whales rnken.o bonus or other remuneration shall ~halbeentered therea~soon as available,
15.(a) All Contructing Govl!uunenll>shu. 16 lhe
be pa1to(higunnas or crows of whak catchl>n;in
rc5p1.:Cotf the taking of lactatingwhales. Commission for aUwhale catcht:rs ope!'llti:ngin
::3 Whales must hem~Jasewdwhen at rest or\ deck or conjunction with ti.tctoryships and land staliOJll;
the followins infomtfltion:
platformfterthe hauling out wircandgrasping dCI'ir.c
have been rebt$<:d, by meansof ntape-measure made (I) method used to k.tlleach whale, other than
o( non"st thi~nntaterial.The zero end of the tap,l aharpoon, and indrtilar compressed uir;
l2) numher of whAles sll'uckbut lost
measw·eshaJI he attached to a spstllbdevice (b) Arecordsimilartothatdescri[Jsub-paragmph
to be positioned on the deck or platform abreast of
one end of the whaAlternativethe spimay he (a) ofthisparagraphshall bemaintained byvessels
engaged m ''molltyp~ whaling" operations
stucknto the tail!Iuke"breasap;rof'ht otch. and by native peoples taking species listed in
'f'bt:arp1~eassuallbe held taut in a stmight line
paralJel to the deck and the wbody.and other paragraph 1.and aUthe informamenitn~ in
!h ~aid sub-paragrsphshall b<:clht~:ens•in
thanin exceptional circumsmnces along the whale's soonas l!Vailable, <Uldforwl)yConb·acting
back. and read abreasthe other end of th<!whale. Govem renntt~the Commission.
The ncl•of twl~-tforemeasuremerlt purpohall!>
26. (11)Notification shaiJ be gi1•Cnin accordance with
bethe tof1 ~lp~r jaw, :inspmn whale t~most lhe provisionsf Arlic.Je VII llf ihe Convenhon,
fimvarclpmt of lhe hend, nnd the ape.xof the notch within two dA.ysafter the end of each calendAr
be.tweeth ltil flllk<'.S
Week.of data on the number of baleen whales
21 ANNUAl.Rm'ORT01"11INTbl!,NA11QWltAI.Ili:QC'O\t\I10111I\ II
b)•SJlCCICtaken m any water.; south o' .:10 (m) the gross tonnage. horso.:powcrlength
South l.atrtude b) all factory slups or whale and Olhcr cha111ctenS1Jcsof each.
catchers attached thereto underurisdictron
v=els u.'cdonl11tow lx!Atshould
of each Contrucbng Gcmm~nl provided that bcs~crficd
when the nwnooof each of thc:scspccu:s1akcn (3) A list of the land stallon.:swruch wcr.- m
~~deemed by the Secretary to th" International opemtion Junng the period conctmed. and
Wtmling rom mIS$10ntohav~reachedg) r~r tht! numbeormfks s.:archcu pUa}'by
ccmt of whatever total catch limit ibyimpt>sed :UICraft:\11)
th<lComnuss•on notr(1cattonshall oo given as ({)) The mformation rcqund~dp11r11gmpa)(2)
Aforc't atth~end of e-achday dataon the (tii) should nl'rt!~-o LOd£~dth'tlthe
numb.lroC'~ ofthc p~cies taken. following information. in the log bc«>kfC<"mal
f£•) If 11appcan.that the ma•omumcatches of whales shown rn Aprcndtx A. and forwRrclecl to the
permrttedbypamgrnphJImnybereachedbefore7 Commission
1\prilof11nyyear,lheSecretarytotheInternational (l) wht,re po:ssiblc the time spent each uay
Whaling Commi:s:no~haU detomJjjl.:. on lbe on clilrcrcnt Ctlmpom:nts of lh<; catching
bOl Sfr~u dow proid~ dh,dole on whith~ opcmtron,
maximumootohof each ofthes~peo halsbe (3) AllY11odiCllhOI\,,fthe llWASW'eSltl
cl6m~cloh11vcbeer~ach ~nd shall notify the pamgraphs (a)(1)(t)·(i(!>)(]or data
m!l!Mrof~uc fctory ship end each Contracting from olhcr suitnble indicator!<of fishing
Gowrnmcnt of that dato!not less lhan four days dTort for"small-whali ~ngeration".-
in odvl\llccthereof. The taking or llttemptJ9g (a) Whereposs1ballfactoryshipsHOdland stallons
takel-le~whales, so notifiedfa~" h1psy shaiJ collect frowhale takeandreporton
or whalecatchers auachcu theretoshall beillegal (1) bothovar i~te combin w~eght.of bolh
tnany waters south ~0 South Latirude af1er
testes..
mrdntghtt,fthedasodet~rmined (2) at kast one ear alone tooth(prdcrably
{t•)Nouficahon :>hl eg•vc1accordance withthe firstmAndJbulnr.)
provisionof Anacle VII of the Com•ention of (o) \\'here possihle sun•Jar collection;, to thos.:
each factory:>hlpintend~ng;toigwthaling dcscnbcd in sub-parag(a)of this pa111grnph
openttrontn any waters south ~.r South shaDbe. underutkenar.:po by~-mall-type
Lalltutk whalmg op~emuonsconuuctefromshoreor by
~7 Not1ficaut~hal ll &JV<-n1act-onlancc with the pclagx:tlo!ciS.
(•·) Allspec111csollected Wldersub-pomgrnphs(a)
provi:stOnsofArllclef theCon••cniJonwithrcgarJ
In all factorysh1psand catcher ship3of the following and (b) shbe properlylabelledwrthplaororm
stausucalmformauon · ~her tcknuficallon number of the whale and bo
appropriatA:lypreserved
(a) concemrng the numberof whalesof each '-pccics(d) C'ontrnct•ng Governments $hall arrange lor the
taken,he nwnber thereofst, and the number
treatenench f."'Ctorsyhtpostatioand annlysrsas soon as pos.rtlt~1s.sam1Jee:
(b)as to the aggreg;neamounoilof each grade and specimens collected under sub-;paragraphs
(a)and(b)and report to theCommrs:;ion on the
and quantities of meal. fcniliser (guano). and resu oftuch analyses.
other prodtrctnv C rmthem. together with
(t')"articularswithretoLeachwhaletreatedinlbe 30. AContractingvovemmenshalpro~r thSecretary
f~cr0 ~1ypland statio~~mal-tyewh~li~ ng to the lntdmational WhalinCommission with
pr<lposescil~lcpirmit;.bef,,re theyore issued and
operations nsto thedntnpproximmelatirude insufficient t.AllowtheSciemrfic ('Qmmittee to
and longrtudc taking. the species andsex of the
whok, its lengt<.if icontains a fotltcl, the r~ivewand comment on them l'hc proposcupam its
l<'th amisex. ifg,ccrtuumblc, or tlle foetus. should:.1>ccrf:y
The data refen-ein(u) and (c) above shall be (a) objdctivesof the research'
(ft) number. s~i7 fnestock of t•timols to be
vcnlk\1 nt the tunc of tho tally und thereshall also taken·
ll•)Lificto the Cmmio;sn of any information
which may be oollecLcdor obtained concerning the.(~ o)ppo, frpanuclatontm h<~r~ersh ~yH
(;Cdintofothernationond
cnl"'groundsandmigraLioof whales. (d) possibleeffect oilconservation ofstock
~8. (ajNotific;1\ionshaUbeg1vcninaccordance withthr Proposedpermish~lhlreviewedandC'mmented
prov$10nsof Artrcle VII of the Conwilhion
rcgnrdto aUfactoryships and c.-atheerships ofllieby the Scientific Commlltee at Annual Moctings
wh<-nposs1bl\\~t pcrmrl$woulu b<:gnmtcd prior
followingtAUsliCllfom1atian to lhe neAnnu. M<l!et.he~Secrelllryshall send
(I) the nam1111gro:s:;tOnnageo[ each factory the proposed permits mem~n. of the Scientific
shrp,
(:~ or each Clltchership Attachedto a factory Comminee byJn3rl for th.:rr comment 8.11drevrew
Prclmunaryresultsany research r..-sfromthe
$hietland stauon permits should be made SI'BIIOblact the n•:Xl,\nnual
(1) thl'datesonwhich~achiSoonunissioned .Me~t ofnh!gc1~nt Ctfmicwe
andC<IISwhalmg fort S<~Ofl.
(ri) tile nwnberd.~yoswhich e~chis 31 A Contracting Gol'emment shall trunsmat to 111<!'
r·ommissioncopiesof all itsnffieinlaw~ and
ats.:a on the whalmg grour~chs r~gula teaoigso whalesandwhaling:l'ndchanges
season. insuch lawsand regulatrons
2212 SCilEDl/l.li
INTERNATIONALCONVENTION FORTHE REGULATION OF \.Yf-1<\.LIN , 1946
SCHEDULEAPPENDIXA
TlTLE.i:'AOG
(one IQghookper catcherper season)
Catcher name...... ......... ...... ............ ... ............ ... Yearbuilt...... ...... ...... ... ......... ... ... ......
Attached to e:<pedition/land station
Season ...... .. ... ...... ... .
Ove ralln~gt .... ......... .... Wooden/steelhull... ........ . .. ..... ........ . ......
Grosstonnage
Typc of engine ...... ... H.P........ ..
MaxJmUJ1s1peed Average$earchingspeed........ ........ ............. .
Asdicsot.makoandmode!no.... ... ... .
Dateof installation..... ...... .
Make andsizeof cannon... ... ..... ...... . ... ... ....... .. ...
Type of flrstlwpoonu~.d........ .......... ..... fixplosive/electriclnon·explosive
Typeofb llerhAJl)QIIused.... ....... ... ...... .... .....
Length and type of forcnumor... ..... ...... ........... .. ... ... ..
'l'ypeofwhaleline ... .... ......... ..... ...... .......... .. ......... ..... .
~eig ohtbarrel above sea kvcL .
Speedboatused. Yes/No
N~tm of Captain
Numher of years experience...
Name of gunner...... ...... ..... ............. ......
Number of years experience. ... ..... .. ........... .
Nwnber orcrew
23 I)
I !
l I 111I II II II I I
~ I 111I II II II
~~:i IIII I II II II
~ J lllI II I II
" 1
~ I •Il1I I} !
2 ;1 ..).•f tt1! L
~; •. i l I{jdl, li~
~U 1f1H1hh)hrH '1 H
~ ! fu1J!1! j!']Hn!!
~ ~I l J 1 J
24Annex 2: Convention for the Regulation of Whaling, Geneva, 24 September 1931,
155 LNTS 351 (entered into force 16 January 1935)
N• 3586.
UNION SUD-APRICAINE,
ALBANIE, ALLEMAGNE,
ETATS- UN IS O"AMERIQUE.
AUSTRALIE , ~tc
Corwentionpour Ia rcgl~me:nt2tion
d~Ia chasseaIa baleinc. Signee
aGeneve. lc a_. septcmbre: 193r.
UNION OF SOUTH AFRICA ,
ALBAN IA, GERMANY,
UNITED STATES OF AMERICA ,
AUSTRALIA, ~tc.
Convention for the Regulatioof
Whaling. Signed at Geneva , Sep
t~mbe ar.th, •931.
25 350 Sociltl des Naliora - Rtwoil des TrailiJ . 1935
N• 3586. - CONVENTION POUR LA REGLEMENTA.TIONDE LA
CHASSEA LA BALEINE. SIGNEE A GENEVE.LE 24 SEPTEMBRE
1931.
TtxlUotJicidsn'"'~ its 4ngl11!.dk um.wntion 4iUenrecJ.Wk ~~ I#Sta/.larild,eqJtfm'mimexJ
d.um ltTtid2:!, /t6 jatet.lt!ifJJtle dS<lt11lrktnllitutw .
SA MAJESTi ~ Ror DBt AI..B '5A~L" PR&smBNT no RBrcH A.L.LENAND :Ln. Pntslo~T
ons.ETATS-Uxt Ds'A.MtRtOU:ESAMAJ&ST'L t ERot D£.sBnuoJ!': SAMAJI!!i:t Roaor GRA~DK
BRETAos.EF.T 0 htl.. ...l"DES Do~U ,.IO :O1T$I"NIQVESAU U ELA DESMsas , £JU'SR£UK DES
fln>ES ~t.E P JttilDEDE LA R t.f'U BL1Q0£ CoLOMBIE; SA MAJ£5Tt LE RQJ DE DASEMARK
ttn'JsiJ..ND'fu-PR.tSl.D!.N'r DU Gouv:E.RNB.MB.Nt DGLA RtPu&J:. aQu£ 'tSI'u.PRAstDBl'fr
DE-u Rtrusuova oe.F'lNL.ANDEu: PR!s:u>wT oa u. Rbu auov6- FRAN~rs L!:PniSJD ENT
oe u Rtrusuoue IIBLLbtOUE : SA MAJESri. u: Ro1 o'ITA.UB u. PJltsiOENt DES ETAl'S<Utlrs
ou ME.xtQtF ;SA MAJES'I'tu Rot DB NoRvtcs: SA 'MAJY..sri LRa~.I nNs£P.ws..B..u:L!:
Pdsn.>liNl' oLA Rt PUUJJOUl: D& PoLOGs&; SA ~fAJ&s rt Ror DR RoiJXA~ ;Iu. CoNS.IttL
FfDtRAL SU.lS$l. ; L'!: .Pat$1D£WT 01! LA RJPUI)UTCI!:tCOSt.(WAQ_UE:. L£ PlttsiDIU<o"T'DE LA
RtPUBUQUE!DE lufi.QUr&: SA MAffl.Sri L-£ Ror DE Vo\JGOsi.Avt:oent dt.<iigntpour leurs
p~;potentia sivoer:.
SA MAJ£5Tt u Ro1 D£S ALBAS AIS :
M. Lee RuJ:m, ministrer~ent.di!~6 p:ermantnt aupr6.t de ISnci~ de&N:uions.
•DJp6t du r4ti{;'uMl 6li.~• :
ETATS·U~I D'!i.Juqu& . 7 joUI<t >93'·
No1vt to:s •••• • •• 181ulll 9"a"·~t
U:tiOM Suo-.Anr.tc:.u N)!, , 11 anv.e:r '933·
SUI$$& • • • • • • • 16 6vrler'9.33·
MJ:X.JQUl!• • • •• • ' • ' • • • • • • • I) ma.u 1933·
p,.vs...&s ()teompris les Jndos niltcla.nd.aists. S\.lriaam
etCu~) • . .. •• ~, .~ .... .. . 30 mai 19JJ.
ITAt.l1!.,•• , , , , , , , , , , u juin t9l3-·
1'y4dUIO'Chf.J..'adb6&:iondll Cou\'C'Illcmcnt
italite.ccttc convention oc. pocmt:Pao.cun
eae con.JtUuuun pr6c6dcnt pour lea a.ccordl.
futunPf'6\'0)tU.l u.ne Untit.ation de!Ia pkhe dAD.l
ItsMe~ C!Ztfatenitorblts.
EsreA>a~. 2 ~t 193 ~3
Pot.OGlf.a •• -:.7Mptembre t9J3·
TeHteoi LOVAQUn: 20odo~ 19:·3
YouOQS.LA.we 16javn~ 1'9~34
T\h\Qtaa • • • ....••.. • • _,smal J9J.I·
DAM~M'A (YKcompri!lk G1otnland } "26juin 1934
CttA~o~>ol :JJ'R..ANDJ.ouNto>~'to 15oetobro.1934·
Tr411~. - Sa MaJestAo'a.s:sa.tue~;~ne
obUptkm en ce qvi wn(;t'mc J·'un qadc:onquc
do M!lcoklnles, proteetorata et Ulnitoiru d'out:ro-
26 1935 L..o,ue of Notions- Trtol!l Series. 351
!io. 3586. - CONVENTIO!I 1 FOR THE REGULATfON OF WHALING.
SJGNED AT GENEVA, SEPTEMBER 2~n .t193r.
Ulf MAJE&n' TJtt- KI"NG OJI TUi!. ~:s : nn tPU~IDEOn F TH:k Guw..uoRa•cn; TH E
Pu suuun oF ntl. UtnT&D SrATES OJt AN:caic;.:HtJ il AJESTY THIKtHG or ncB BPJ.clA'r,Os
}h i laAJ 8STY TUE: KUI C OP GUAT BRITAIN, IUL.UfO AHD TffE Ba:msH 0o.MINIOW$ lttO~ 't:
SJlA&, £lt.P£Jt0it OJ! htDntt, PR:!SIDE$1' M nfl Ral'UOUC OF Col.oHIIA; tiJS MA]UTT THI
KINC OF l>&:f.NAitKAMD IC£1..4..'1'0: TH.B PUSIDDrrOF nn~GovcalltuiO' Oi!' THISrA~Wf
REruau c : TN'!P.-umtnn or TW& Rl:ruot.•cOf"FJlfl..UI: TUEPu:aoEn or ntt Fa..a.
IUPOBLJC : T'Kit h&&U>t.NT OF T1tC. HlllJ.ItfR&rvlliUC: Mil MAJurY lllf;KtMGOP ltALV •
rn2 PR:tuuom:t."TrTnt U~ntn StAtU or M.!xtco; Hrs NAJUTY TKBX..U.C f6 Noaw•..v ; H.ta
MA.Jii.STVtn£ OvEn: oP rrm Ncnrou.A .v.os ; ras: Pxa.IDtrNT OJtnrePoustJ R.JJ'\IDLIC.Rl$
MAJUTV nse R.J~ OF ROUMAIUA , Tin SwJ.ssF&DDA\. Cou,;cn. :nr& Paumf;l'f'T OF THZ
Cmacost.OVIIK Rt ftJIUC; tl41 Plu!.smn'T OF 111T\uunu R.uuBUc:; Ht lNAJDTY THI! KtNr.
or YV(;()iLAV l ha\-eappofnttd u their PSenipotcndl\rietthe:foho.inc :
Hr s llAJUTY Tfi.E.KJifGor THE Al.D.WlAifl ;
M.l...trcKUIIJ,RtsideiltMinister. Ptmtumt.Ddqatet.ccrecht.ed 10tLeague of Naliont
• lhfx'nlol.,IJiif .•u~.« ..:s
U.-naD 5l'ATq Of' A.td&K:A . ' uly 7th, 19.)',1
XO..WAV . • • u'rtl1lJ. t9.)'t,
UNre»; cw Sou1u At'liCA anutry 1tIll. •tll ·
SWIU:UUJfD 1 ~br'l 16tt,yf9JJ·
"Mltxlco • , , , , • • •• . M.udt •sth.'93J
TH• NnM.au..uros (mclttdtJlCt.Nft..bc todis,1'1~
$urioul a.acCu~o) • . . . . . , JU,y JOlh, 19)) .
h·..v • . • .. • . , . •• .• . •• · · • ju N nth, 19.33
r~ 1't ~eC~CMioao1 thesu.r.~u..
GOVCI"llmefttotbilConw:ntioa caa ua oo wa.y
con.st.ltua. pnc.Heut l&r futu.re acr-mcna
provldu.a foo U.. IUilitaHon~of m utt&•
territon..-1......
s...... .
POLAX D , ,
Cucii'ON.O\'AttiA
YUft()llAYI4
'( UJI.JCII.'Y , • • • ••• . , ,
D&.,ttA~ •~o; GJ~IIl11o ,111d )~
CUAT &lT.t.D..um JlOft'tlllIUl.AlfD
Hi:a lb)UtY do. not MRIIDit Ul)' Obtl•
ptions 1ft"""'* 'f •nr. Dlf H• clolonlu,
pmtbeton.. O¥~CnHI httntoriet• '-"itone.
27 352 Sode.te J.., Nations- Rta. J~ueTiraitu. 1935
L~ PR.!sJO ou~'REIGll .U.U MD :
M. Hans Henmnn VOLCKER oo,nsolg£nb'af1Gen~e.
L~£PRtSIDE DE$~E1ATS·UN!S D'AtdRJQUJ!:
M. Hugh R. Wuso~ .nvoy6 (':xtraordindirministrpl~ipoten ptdialiCoeseil
fed~r siJse.
SA MAJ!STt u Ror o£s Bsuns :
M. P. HYXA!oo m'nistrtde$ A.fhire£trnntUes.
S,l\- HAJESrLE-Ro1 os GRASDE·BRETACNE rt D"JJUJ.);Ottt01!$ DOMINIONs-fllU'fA!UiiQUU$
.w Dll.L.nss ~I.us E.w:va.u.Uots bm..E.S:
POUR LA GR.A.MD2~BR B!TL.'hUAJIlfDUE Now. !linqoe mutes partiesde J'Emp:lrc
britannique non membress~par de!taSoci ~esNations :
lc trbhonorable vkomte;C!CIL OP CHELWOOD, K.C.
PouR u DoJcrNIONou CANAD";
l.'honorable HU8hGUTHRJ:&P.C.,J<.C.M....mlnisttqde 1ajuslioe,pnxtlt'l:ur- ~&-ru.
J'Ol/R LE CoMNOMWKAJ.'l'H D'AUSTMLt£:
Mr.james R. CoWtiS, C.M.G.. C.B.R. secrttaire officielet consei.l.M1::Bure:allr
du baut commiSA.irc I\ Londres.
POUR LB Do:lolfl'l'fON Dt LA NOUV£U.£...: Z~t.AND't.
Sir Thom11sMasonWn.•·oRD,K.C.M .C.1K.C.1b.aut commiw.ire A tondrei.
Poua L'UNION Suo·AFRJCAIN£ :
Mr. C. T. n WATP.R, haut commissaire LondR~S.
POUR t..'II"DE :
Sir Brojr-ndnaL.:MrrrE.RKt., membre jwidiqoo du Conseil ex6cutif du Vice·Roi.
LE PRtSJDE-l'iT UB LA RbU&'UQUED!. CotOMBIE. :
Le doeteur A. J. R£.trrR£PdM#.g pe~mantnt aupr ~e In SociEUdn Nations.
SA MA:JF.srt.tRot D£ DWJUL\RK ET o'Isu~ au~
M. William BORBJ!RC, d6J6g pur~2.nentaupr ~e Ia Socfdt6 des Nations.
wu- ou tetrltoinplads sou.'lla au.ten.i.Dd6ou
Je mandGt duGoov~t de Sa Majest6 chns
ItRoyaume.Unl.
FllUie.!. . , ·- • • :6mai t9,U·
NOUVJU..L.e:·Z!l.AND~ 16 oc:t!Obro t9JS·
CANADA 1:dklembnt 19)$ .
AtfMs;q~
SoUDA..'• 13a"'il19,JZ·
NJCAJtAGUA JOa.vrll l9J2 .
]IJQI'f.•.00 '. 7jui n19,31.
Bktsn.. . 21nove:mbrc H)J Z.
Eovnr. . '2-janvier l9JJ·
£QUAT'Jt~ I)a,vrl19)5 •
l..tTtOkta 17septcmbre JC)'$·
28 1935 UagUeo/ Nationt - Tr.atg s.,;...
Tfl& PRESJOtNT ot·THr. G&RXt.toRE;Icu:
M.HansHermannV6l.ct<£RS C,onsuJ.(iencralt Genev.
Tul! l)RP..SJDENTOf THB-UNITE-D STATES Qr AWBJUCA:
Mr. Hugh R. WJLSO:-E<n,voy Extmordiney and Yfnisttr PJeoipotWbary to tf,e Swiss
Fedtnl Council
HIS MAJESTY THE KrNC Oli netBtMOIAW$ :
M.P. HYMANS, MinisterforForeignAffairs.
HIS MA]ti:STV -n:tE K.J!'OCOF C'R&I\T 81UTIULAND ANti TH_E BJUTISH DOMlNIQNS BEYOND
nr& SEAS,Etuuoa OF fNP IA :
Fox GRJATBRITAINAND NOJmtEJtN Tln:u.No and aU _partsof the. BritisEmpire which
are oot separate MembeNof the l.e:agueof Nations :
The Right Honourable Viscount CECILQF CnBtWOOD , K.C.
:FoR niB 00M:rNlON OF CASADA :
The Hooournble Hu.gbGunuun, P.C., K.C., M.P., Nini.;ter of Josliec and Attorney·
General.
FOR TQJ;CoMMONWEALTUOF AOSTRALL\ :
Mr. James R. Cou.n:s. CM.G.• C.B.E., Otfie.WSecretar~d FinancialAdviser in the.
Officeof the High Commissioner in London. ·
foR l"'IB Dow.tNION ON.t'" Zt.u..A-:D
Sil'ThomasMa.sonWn.TOR.D K,.C.M.G., K.C.• Hi&hCommissione n Lond<m .
FoR nn: UNJO ~r Souru AFRJCA :
Mr.- C. TTF. WAT£k, Hi£h Comm.is.s.ioner London.
FoR hDIA :
Sir BrojendtaL. ~1111 KtE,Raw Memberof the Vicuoy's Exe..:utiveCo•mc:il.
Tutt PRESlDBNT OF'nrE Rl!:JIUBt:ICOF Col..()lllHA :
Dr~ A. j . RESTRRP ,OPermanent Delegate-aw-octitedto the Leagueof Nations.
HIS MAJUTY THE Kna;: OF DEIQIARK AND }CBUND :
M. WilljamBoRIIER:C P,emltme.ntDelegau:~ccred iottt dUague oi Nations.
uDder tu«r.Lintor •.uuter mandate exer_ byd
His Majes,ty'• Government lo tUnl~ Ki.og·
doa.~o
f.JtAJtC, , , )fay t6th, 193$·
N"EW Z2AIJo.tW• Octo~ 6tb, t9J' ·
CA!oiADA "De<:t.mbcfutb . '9J.S·
A t#J.h '6m :
SutM~ ..
NtCAkACUA
lt!OWA¢0 •
ECYPT ...~ ,
EcUADOR ...
LATVtA
29 354 Societe Ju Nations - Reauil Jes Traitl.s. 1935
L«i- PJI:t:Sl)IJCOUV! RN!MEN DE LA RtPUBLIQUE ESPACSOLE :
lll. Alejandro LBRR.ouxGA, mlnistre d'Et.nt.
L£ PJlItS~" DTE I.ARtl'VBWQvene T,r.NLANOE:
?ol.Ev..GY1,.J..END0oonseiller de ligat~~!, permanenla. s.aupr de Ia
Soci6:t6des Nations.
Ls PR.tSU>ENoe LA RtPQauour VRA~~-u st:
M. Louis RoLLIN, ddput6, mlnis.Comn1e ~ret dt- J'JnduJtri C.!
Ls PN.tsJOE.o:£ LA RtPueuou .e-nEI.l.ti•IQ'UE
M. R. RAPHAEl ,~ fpermanent aupres de Ia Socifte cleoNations.
SA ldA]£S'~8 RO! D1TAl1B :
M. Augusto Rosso, mini&treplh\ipotentd~Ugu,-t.djointau ConseildeSoci~~
d.. Nations.
L"&Plt.tSJDEoes ET~~on- tuJMw:XJQ11:-&
)t.Salvador biAR1iNF.tD!: 1d~ttur du Bureau permanent 0\Uprfs-de ]3 Soe:i!t6:
des NatiOJ\.$
SA MAJESTtJ..Rot t>£ NollvtG::
M. Birg~BrttAADLANmD.inistre des Affa~tt'3ngb"es.
SA lllAJ!STt R£1~ EES PAYs-BAS ;
Le Jo.nkheer F. BEELAER$ANBtOKLAN,Ominiltred~ Aftairtitrang~res-.
l6 PMSlORNT D& u Rt'PODLJQU'1)£PoLOCNE :
M. Auguste. ZAL£5KJ,m.inidesAJb.ire~rsngUes.
SA ~IA.Jz u:SRoIIP.BRouwAtnr.:
M. Constanti~U·TO~tAe J>v£.y~xtraordi n~mineslttp16nipotentia.ire a.uprts
de IaSoci~ de.Nation~s
L"ECo!(SBIJltotJw.$lii$R:
M. Giuseppe.1-furrA, preddenConf~cUra stsotcl1efdD6p&rtementpoUtique
t6d6rol.
LE PMsfDEt{TDE LA R.tPU~IQ Cldi.$LOVAQU£ :
M. Zdene:kFJeRLIWC!C:0\1 etrordinaire-et ministre plCti3irpr~ le ConWI
f6dUalsuisk,d~l~ pennanenta.pr~de IaSocie des Nations.
Ll!PJttsrOBN'T DE LA RtrUBUOtDE T1.1RQUt£ :
Cem3JHOsNO bey.envoye extraordioaeteministrpl~ipotenp t~ialitonseil
lldlral suisse.
SA M.\JBS't B RorDB V01.1GOSI..A:.vt&
M. Voi.slMAJuto~Ko. vmirstre cks Arlalttral\. g~t$
Lesquelsapr~ avoircommuniquJeun pleinpouvoirtrou vn~bonneet duc forme.sont
convenusdes dispositionssuivantes;
30 1935
Lttl o/N aJ~i~u: Treaty S..ies. 355
flf.Pllu!Oilt01 TliB GoVEJUUUNT Of' THI SP~"lRIPUILJC :
N. Alt;:mdroLnuoux G.AaciAM, inis' f State.
Tue rRUIOI or'TBB faP UN.tc OFr... :o :
M. £\'aid GnutmOC;u. . CoallSdlor ol Lc-gatioa. PumaDtkp.tca.i.accredite<l
to the l..cque of N'aciotta.
1m P·usJD&NTor T'llFac:«:u RE"P!Jl,iJt;
M. Loui•Roa.u,,Depaty, MinistulCcmmercoand lndUIIC•I)
Ttu:Pu:s~.o oFuTUB'RE:u.Vh CRsnmuc .
M. R. RA.Pfi.\P,~t Dde:sateaec:redicedto Lt~ oJNatlona.
Mrs MAJIIITY TU k.tHGor Jr.u.v .:-
&!.AQC~~ Ross0, Minis!« Pkslipotenti..-y, SabDelee•!to theCounci ll tht
I..eacvof Nations.
THE PR£SmUNT ov TVC.UNTrl!STAH l oJMurco :
M Salvtdor MA.Jnf!fEl ALV,AHeadofthe Perm~t ){acea.ec:redito the l..urpe
o! Notions.
Hta MAJ&1TY11rzKIN~ or No.wAv :
M.Biqer BRA.AOV.ND,llinister for Forei,p Aftaln.
tfu MAJESTY}JHE. QV&IK Of' TilE ~'"I:IBI::ULAKIJ
JonkhterF. B•BLAERTS VANfk..olu.AMinister (or ForeAffairs.
Tn PazstoEttro, TH& PouSH R.BPUIUC ;
lSA~te l.u.EttrMinisitr for Fwdgo Affa.irt.
HIS IUJUTY TiftKIN'C OF ROUMAKIA :
M CocttantiANT'i OAIte.nvoyE.xtraorditlandyMinisterPkmipotmtlary aocndited
to theL~e of Nadorts..
TMB SWISS Fmu.u. CoUNCU. :
M.Gi~Dt pporA, Presidt"Mothe SwisCon!ederatioHeld oltbt Fedenl PoUtica!
Oq»nm<nt.
Th8 PustDI!:tOF TilE. CUclCOSLOVARlruJu:Jc-:
M.ZdenEkFmR:l.Uf(;.,U[riYOYExtraordiauy and MiniaPleaipot~t tithrySwiss
Federal Council, Ptnn.Mtnt Delept e ac:crtdthel.e:;t.cueof l'lationt.
1"t:iS Pu.sloEOF THE T\I&KISK RutJBUC :
Ce=l HtsNO Bey,EnW)' Exlr.l«dlllllry on<lltlillimr Plrnipoltnrialy to the SwisoFed<ral
Council
Hr$ MAJBSTY THI KING OP Y UGOS.U.vtA:
M. Vokbv M;.a.mxovrrcn,Ml:niswforForeignAfl'aln
Who. huvinftcommunicatedtheir ~uU found igoodand due form,luw~lrc t:lht
loll~ provWoM:
N•. , ..
31 356 SociitiJu Nations- RtcUeild-. T•aitl.. 1935
1bli(kjmmier.
l..e$ lbuteJ P<UCOnlf'aCl.u<;Onvienntnt prtndrtcbns les limites de k:ut'$j uridictions
resptdi\'edeJ mC$U're:ppro~ pour -:l.SSra~i¢;)t e$onispos-itioMde Ip~ h::
~onvent itpt 'lpunirreslrifraelioru auxdites ®positions .
Arliqe -:.
L-aprCseOteconventi~t app!icableseulement abalefuea fano ~ns
Af'tick 3·
La. ~te. conventiont s.'appliqp:aaux aborig ho.bib.nt I!S OOtcsdes tonito ires
desHautcs Parties oontracta~tla.cCifxllque :
ro Its fasseseuJem~ uate de ca.nots,_dpltogueou d'.tuttt:s emNrcations
uclllSivemenil'ldi tgm u$-;\1avoi1eou ;rames;
zoJlsr.e.s"_6Vf!pas d'armes 1 feu :
3,0 U~sso!ent pa.sau ICf'ee personotSnonaborig ~
4o Jls oe sc>pasttnus de livrl destteu le prodnit de lel.lt dlasse.
Anid6 4·
11est interdh de-captur01,1 tuer les • risht whales •· qui seront eonsid!rtc& comme
comprenant k~!c nedu up Nord,a brueinedu CToenland,Ja • nsbt whale• ;;ula • right
whale ' du PacifiqueIa•tighw~e • pygm6eaust:rale:.
Arlide S·
H tstinltrdit de.capturde tutr b~int3U XujtuBC$))n.ldnon scvr6es, bOOnes
non 11dultttles bale:inesfemdlcsaocomj)lde&ba.Jeinuux(ojt(lnnon sevr&).
Arlitk 6.
Lc. carca&$(de lxl1tincaptur006 devront ftra utilis&siompJ~tem qen tossible.
En pouticuli:er:
10 L'huj)e dtvra utraitepar &nllition opattout au1rprod< .~d~ tout 1e
bla.nt ainsi qbe de IJ. tete languect,t.Outre, db queue )\I.SClU'll'ouvenure
~xterie durI'C"intestin.
•Lcsdispos itidu pr&ot pangn,pbe nekfOnt apptieables qu'aux .:arcasses ou
p.atties weaaes non destinfes: Af:be utilish$- oommt comestibl,es.
zo'too 'ttn~Oottante ou non, servi tntiter lc.~ de ~eSn .edevra.
Cnll tl'i deJ•t lu1~~;~ :roepiur extraire l'huile du blanc, de.._ cbl)l>-.e$
'oSides baleines Samen~ 01rivJgt , dt$ n"'approp rer~nt ttrpr~i
pour utiJisu Jr~dus ~prt l:straetkm de.l'hui!e.
32 193S l..atuco/ Not"- - TrcotvS<ria. 3S7
Arlide •
The Bicb CootratdnJ Pa.rties.acree to llko, WlinUuofhtbel~lt~e )urisdictic.u
app-opriat~ to enwre.tha:deation of thprvrisioof tbo proHftl Convmtioo Md tbe
pimishntentoliAitactiool the~· pnwb.ion,,
Arlitl2.
'Ow pr~t Conve »n~appl.eonl.,to~ oc whAieboa~
Arl itk 3·
The-prt!ICDt(.oovtQtdoe5w. apptyto aborigifclwtlhqc>ntheOl)astof tbe tmitoria
o( thtlhsh CCiatnCltfP~ies ptO\'I6ei:lthat :
(rl Theyccly ,..ca-. pin>Juosor othe..-vdy nali ~>ft prope1loby
UlrJor$ails ;
(z) They <1n01carey fi....;.
l:J"TheylA ROCin theem~ ol J"tf'Sott..than aboriJi n• ;
{4} 'l'beyunot uACi4ntrilcto 4ch¥'Ctfproductsotbdt whiLUJJtgo antblf"d
-· Artl'de 4·
Th~ takfnc o.kifhQofright wbala, wbieh shall~be to ineludNortlt-Capc whal6s,
G~nla. \tllei, iCIIttthun ricllt whala, PadfwhU.'ha.a100tbernpicrQ)rfc'bwhales,
b pr<>l>lbited
Arrull~
'ne ~ ur kiUinc ot c::0tJUddincw~ immaturewba1el.andf.emalewhaleawbk:l:t
""'""""'JIO by ca"•s (0<~ whaiOo)lpro!U!Ored.
Arli<U6.
The fulltposflllUN sbtUbem.adt of thW'"<.Mfof~ Wen . Ia ~ _
(I) 1nctcWll be..extracteby ~ ocotbtrwitt tbt oil from aU biobber and
from theP1t:1and die tOCI(I.Iaend, fn addirithetU um f-afonrmd u the outtf
~ of thI~ Uuesune.
"J'1provisionsotll1sub-puaerapbsb1l apply onJto~~ or pt.m ol
c&rct.leu an ~ot intu:dtto bt tlJtd htuM fc~cL
(%) £very faetory"'tiiter oo. shooratloltlolSt!Qrt.reuiDthe Clf'QJCSof
whaleshaDbe equipptd;thAdtqtatea forH extction oroil1romthtblubber,
o..b(l~-ln the cueofwbalesbroo«htOftJthcn,adeqaateamu ~1J lhall. be made
for Utill&dtheresid1.1eastb(oifbu. btM cxf:rac:if'.d..
........
33 358 S ocilUd~ Nolioru - ~ ild<>Trailb, 1935
Arlide 7·
LesC<Lr.MU e~$$6Q:u.iP"!;'CS>dna~.viree:&to•ronletrr.t:tnbaucA.Eas des (:(,lndilioll.S
9ui fcront, dans unc grmt$Urtdtpend.tleur r&nu.n«ation de faetclque Ia taille,
espk.t, b. valdes~es captw·6etJa quant h1mUeextraiteetnoopas$t\lle:mel lu
nombn: des.baldtles captur6eSa.ut~ qte cette-rEmun&-atd~petl ddcr~h-a ts ta
chas.se.
Arli:dc8.
Aueunnavirdes H3:t~Ptriesoontractantesne poJolivrerlla .:aptureooau tnitement
des baleinessa.nsq_u'W)lti.ceneesP«i:Uea(ll)ftdb. ce navirpar Ia Haute Partie.
oontr.u;tante• tl~te le pa.vilouSIUlJque 90propnetaio-u affr6teait notiftCau
_gouvtmcmentde cette Haute Partie contractintensod'~tiQenoe navirc.jl.chasse
Ala baleinetqu'il ait rotu dud.itg:ouvunemcnt une attestation de cette notificauoo.
Lc prl!sent a.neipone nuUementa.tteintedroitpour l'unqueloonque deR:~.utes
hr1:k-s contnetantes,d'tx!(tr, en o"lte_e Eau'ullIte-sp!'Opres IUltopour tout
navirc d&ireuxd'utiJiserson ttrritoea.werritorialeJen vuedecapturer,d'amentt a terre
ou dt traiter det bal. adB.i\lfll.Dedee oeue licencepsonrefu•. $0itsubordonn!e
aux <:onditionsqueH•u~e Partie eont.raetint~ tstirnera nEcmaires ou opportuotS,
q-ueUeqlJo soil. Ia nad01Una\t ~ite
Arrid< g.
La zone gb:lgraphiqued'applidesarticles depr~netconventions'~;en alr.tet
Itt uu x du moo.acentier. y cflla.fo\shautemtr ctlecaux territorialeset MtioniLie.s
AIJidt10 .
r, J..esHaute Parties contraclantes devrontd~!tmwiires bo.leinlersporto.nt le.ur
paviUonLesrenseignementslesphl-1c'possibla.upolntde vue biologiqucsurchaque OOJeine
captur6e.et et~t easen ce qui oonoerneItt. pointssuivants :
tLDaio de l~pture:
b) Lieu~ Ia capc.tJ.te;
•IEA>jXe;e
:J~~c uCSUTesell'an ft:re.tir6de l'eau ; apj)f'O:xi~eti\tistnea
dbopk dans l'eau ;
I)S'iy a W1 f~t,\l1$gueurdu {cru e~ sexe. s'il peutd~termi ;n6.
g) Renseign(!mtmt•sur lt tontenu de l'tst<mlaetlaestpos:s.ib.lo
t.La longueumenHoo nux paragra epdh~) du pr&ent art.!lfC81lde I.tlgne
droittk-pul'extrbnitf du muscau jusqu'fll'lotcnecnon delca.udalts.
Cb:.cunedel HauttP3r~i oontrnannte,t- f~adresserpar toutes-I$ us:inc,st:sttane
01~~~bl :ltItte:mrerme, toumi~sa juridictionretet v~diq~ enomnbe des OO.ldnes
,... )1&6
34 1935 f...otaeof NoiiMJ - TrCD/J SI.ria. 359
Arli<k1·
G\Wien and cr~of wbali:Qcwsseb lhallbe ~ oe terms wc:bthAtt.bc&:resnurwatMIIII
shall deyrtt1d ro a considttablf: extent upon.sudJfad.Ot1u t~e • .$pcci<:fv,alue u)Wd of
oilof wt\.;Ltaken, and notml.ftly upcmthrnurt1betor wh&Jc'aatea.in.soJ.as paymtnt Umade
dcpendtnt on r01uJts.
Arl ((l9·
n1e fiqraphical Umit.a withinwhkh the Artlc:teaoltbtsConvUtticaare to be appliedaha.U
indwle <iltlU!wtt«< of the WOJSdil,ldudmgboth the hf«btt:.lt1dtt:nitoriand .nationawatm.
ArlJtl.II
&th HIP Con......U P.&ny tb&ll o1><..afrom allr...ne..... W>4 or dloot, .....,bb
Jtlf'itdict. ret..,.oft!K--.numbC or wbalcsof CliCb.pa;e: r'C11c2d-tea.tfactory tDd ofthe
XCIU.M
35 360 S!XilU du Nations - Rta~ kei lrcltu. 193}
dechlque~ traitees danscb:.runedu t lesqu..&nd'h~ di bllquequalite, poudtt,
$tJ3Met autrt,s sous·produdetccs baleinC$.
Alid 12.
Chacune des J.lau.PM.ie- fmtt;~c et:mnuntue:a lts renscigncrl'l('ntsstati$tiqut:s
relatUsauopUatiol'l$, ()().etbalclne$, qui on! eu lito dans le rcssort de leur juridict!on,
au Bureau international de stati.st:iqu.t$ bal~inrcnseigntmen($ fownis dev1ont
comprttldre a.u moirl.sIts dttai l$ mentionnes i J'anide to tt : 1e&ch;aquet le t(liim<'lg
usinc OottMtc; 2-oft. etletonnap globdesna.vin:sblleinica; ;JoW'delsu.tions
turestmayant fontti 11ntu~sde la p&iode envisaCc$ rcnse~gnke t)'l ftJmill
Ades Jntetva:tppmpr ni~t'ipasSantpas une annie..
Artkk 13·
L'obliptiopourl'unequeiOOQQdees.Hauth.rl (:()ntfU'tante;,de prendre des mes.urtl
en vue d'ass:urer l'obselvation des diLaopdstnteoave.ntion dst.'ttrTitoetet
dan.11ean territor:ialeset parses n.limitse~eldeteSttmitoiresauxqucls s'a.ppliquc
!n.convention et aux eaux terrhoriales eontigu&. ainsi qimm1..trvidateucls~
territofres.
Arlkie 14.
La plisenre convenrion, dont Jctnu~ixesail~ fereom(galement fpoutn~ltt
signee. jwqu'au trc-un man 1932, au nom tout MembredelaSoeti et:SNationsdeu
tout Etat nmembr ~e
Arlick.ts,.
La prt.o;entecooventioo seraI.ell'l$t.rwnenn~.tll slentdf~oposaepb du
Secrltaire gtniraJ dSoci~de&t'Nations,qC'notilieled~ i tOUfcs Membtt$ db.
Societedes Nations et aux Etats ooo membres, en Itd3tes n.uxquelle:sces dep6tt ont
eM effectub.
Artil16.
A parddu premle'vrilt2J2, tout Mtmbrede la Sodlf.dts NoaJkmsettuul EtM non membre:
au nom duquella. conventipasetes~ l oehe dat~urr aadhtter.
Lesinstrume dnahWon .serodepostsauprU duSecret-airtgtnb'al dSoci~ dtes
!'JJ.\i,ui notifierdi~ettJadatedtctdemicr 1 tousles ldembre$Soci. et ~ations
et au~Etus non .membrtS.
1JLpr~ne (Oft\'f:lltion en v~gt'~ latn:rmst-GU: 1ou<lprb que k Scartto.i.rt
stntrnl d~ Soci6.tides Nations aurdes rahfieations oadlt6 t1nom:dann.oLDs
buh )fembres <k'Soci 6s Nations ou Etats non membces Docnombrt doivtnUre
ooznprislRoya~. cUeM-rv!ge et le:Royaume·Unide Grande-.fhth,goe CtdllNord.de
36 1935 '-.fa< o/ Notiom- TrrotvS<ria. 361
Arlidc u .
.E.athof H1eHi4b C<antractingPmics stlCOI'Ilmunic.statistkal infonnat•on rtga.rdillC
1lllwbai[Qoptntkwllu~ their jumdictioo to the Jnttmai!OOaJBureau for WhaJing StatiiUC$
at Oslo. Tbcll'l(ot glat~'Shn~comprit;c at leatt p.trtra m~elmo:ed Ia Artlek 10
an..J(0 1t1cnamen.ndtonn:'l8etach Do:l~g lactory{t) thenumbtr and aang;a.tctonn~
of the whal~rche: r3) a lisnt tbe JaM t.tadons whichWeIn operationdu.dngthe periOd
toDttll'I«$4.chinformatioshaDbe pen at cocwcnttntint~ nc.klogu thaD0o1 yw .
A....U 13-
Th<oblo(atloftl •Hlcb Con"*""'c Piny to Wet......, .to-= theoh!.rv.... oflllo
condttkw o! the pn:.nt Cciawtntt hiSown tcn1toirand tcrrllorial watcn:byOh.lSviiiiJO,b
sball no~y ro lh01tof bterritorito wbicbtheCOn~ dOC no1apply,aDd tltttmtorial
waters adjactfcbert o.rto\ltSSer~ertd fn.Juthurrltories.
The ~~ ConvC'It.iont,.hc French -and £ttxtlorwhkb shall both be aothor i.tativt,
shallrem~ ~oPC fntil the u,tny.fi.t1t ol MWt 19t\t~tu onbch.allof any Utmb« of tbe
L.tapc ol Nations: or or oC~n-mem Staeet
lblitk 1S,.
Tho -• eon-- tlull b®lied. Tho ..,.._,. ol ntlfio.tiooball bd<poo<rell
witb dM S«ntary~ ol the Leape ol NatloA. ho lballf)lithr.. tccdtD all Mcmbtrf
of lba1..eacutlNatio.. Uld aCICI-'tMfbtr li~ti«< eJ d&la.cftheir dC:posit..
ArlicH16.
ArlUU 17.
The prtK tortu .tioJbalenter iro.to!orcetM •1nttittll dfoi!owulhe.roctJpt b)
tbe Secfttuy..(;c:noi tbe 1..e.ap~atio on''uficadom oracccsionJoo btbalf oooel:cfl
tlwl eic:"t t~bm of the J...captonocM"Dcc:n bctu. iadtadincthe Xin«clclmof Norwty
and the United Kin.cdomoCtea.tBritaiand Nottbtn1 lrda.o4.
t"o. s)M
37 362 Sodlt< desNations - R.c.u<iJu Trail6. 1935
A J'~d de dt11tUIIdt$ ).fembrEtau non mcmbfes:o ~.mudesqueb uD im-trumeAt
de~tilic oodtahetontcrault&iewtmCJdCpo&f,l. onventionantc:nvir;ucJcquaUc·
vingi:-d.i.xilapr~u!0elate du dedeoct instrument.
Arli $.~
Si,ar~ •·entm en vigutdela prh.e:otecorwentionedt:mande deux Membredela
~teJ ou deux Etats nmt"mbri!t.'~rd desqut.is la prh.oote oonvrntioo scm 1\.ce moment
en vitpeur-, le ConstUSoc~t6~ Nati41uC(mVOquune confb"encepOur-la rtvi$Sl.'l
conve.n te~oi\uta Particocnnct ~csantllS= t's•en ltrr~ttr.
Arlide 19.
1.La pr6;mte. conyuntfon_pourral:ttt dblonQ!e A.!'expiration dtroi.Aruttts.de
1 p4rtir dIa dat1-J~eU ele.r.t. entrh en vigucur.
z. Ln d&Klociationde la conven$efiec. (QIuCn~roti6co.ti6critc~- ~u
Secretl~dee 1;a5ocldt6des Nattoru,qvi tntQQJu Membru.de la SoQctIts EtiLst
non mcmbrcs de chaqunotiJi~t 0iooquede Jo date ~etWept-ioa..
3· La dbloociatiou prmd.ra dfet six mois aprts &arkepbon de Ia.notification.
Artitzo.
(.Cb;~. de.H1.tmsFaHr~ conttatta.nte$pwt d6:bret'l\tmlde Isignat du1ar~.
ra.lifiQIt.ide l'adh~i uen,ar$00 aC«pb.tion de prtstn.te CQnYeotion,die n'enttnd
uswner aucuneoblip.tiooc:qu.~ l't:.n$ u to~~parti~ sescolonie, roh:ctorats,
territqi.res d'outre-mer-oo tmi to$Ow;sabS'J1~t~ ou son m31ldat; <toe~. l<l
presente wnventkm ntt sera pas appticable aux tcnitoires fai53Dt!'objetd'uoe Hilled«l:u'3tiob.
2.Chaeun.des HautesPartiec:ontractantes pourn ulthicurtment nt\LSec:rttaite
gf.neraldeJac:i d~tNations5't1teenterendrela pr&coonventionaPPlicabtell'tn$M)blC'
ou i toute partie de ses territoaes ayant laH IadkLaration pilvue au paragrapbc
pce&dmt. Dansoe ca.1aconventioms:'aappliitousIts tcrritovi~sdans Ja iloti6¢ation
quau-e-vingt-djxjours~1at6ocptionae.·oettonotificatiStcritaichl~ldela So<i!ti
de$ N:tions.
3· Cbac.unc dea Uautcs P.((lftttt~ efA,4ttoutmoment apr~J'expiration de- lll
pE.r«idede tran.sprb-ut :\.!'ar19,d6clam qu'tUe entend v~ir l'a~ac. deol.
pr6roene ~avenl t.'iotn~sotm outopart-deses colonies, proteclorat.s-t,cmtoiret d'outre.
1ntrou tettitoip~re.:sUS$aStl1et oui$nemt~dat; dans«'cas. L.onventio~A
d'trrt-:t.pDIKle1territoires Caisantld'untelle dkbntiosix moiaprCs Ia J6ceptioa
de cottt d6cL"'.narleStcr~ aW,ia.rttl~~des Nations.
-'· U Secr&tag600alde JaSocl ~et~ati'otlscommuniquera1 taus lesMrs dt 1a
S<>c detNt~tiooset aux Et&t' noo membresresdMarations et 11otifieationrsecucsen vertodu
p:s6c::nt-article,•iItsdates dku.r rbJeption.
A:tht2t.
38 1935 ~... ,/ Na.lor.u- TrrtJiy&riu.
As rtptds any Mcmbtr olthe I..tagor noo·membtr Sbtt on whose behaJ! an imuumeo t
of ratificationoc-aC:tesaSIotnsubsequdepositedcbo Con~ent dtolenter intfotoeon lhe.
nV.cdctb day after lh• da.the depolofsuchiniCrumtrU,
Arlit4 '9-
r~ 1M pn:!iiiConvent"- may be dt,..,..nc:cadtherexpila.tioothr« yan. from lhf:
date of:it~ iD.ttorot.
2. Dmwx:iltion lbaU be d«ted: by a 'Wf"iU.t110ti6catioaddRMd to U.. Sta-etuy
Gtntnl 01 thel.ape o( Nations.,who sball infalJthe .Memb!n ol the l..upMd. lbt noo
membc'-rStatesofetdl nocificutOnreceived aMcltba mu of itsf"t!C.tipt
;s. Eacldennndalion 1halltake ef(eets.ixmo«lllll aher the recclptol iu notlfl<:&doo.
r Aay Hip Canuvc.ioc Party may. -attM t,imecf si(na.tun. ratllca.tion or ae:cessioo,
cSec:bRthat , •CCltJ)tUthe prrsml CoonttllCin. he doot as:sa'uye MtiDt.ioCIi5 ttspeet
of aU or uy o! hisCoaanicap.ota:.toru.et.. O\'tmitOI'il«:stsritonG-*r- auc:raintyor
man!We ; &11l1h5eJftkf)Conveatioo shalootaptfy to anytmitcda.umecl ia.tuc:.bd«bn:bOG.
:. Any High Ccmtrletint Party may gwe.node t~tbe Sec:n:~-G mfctt Lleague~
Na11on:att.lny time.ubJoquentlytbatbe cksinl :haihe Convmtk!Oah.U appty to lllo: any
ofhitttrritoriwblotbha~ been ma4e the 11.1bj«l1t1fa dcdatadoD ci)(Jetthe _pngntgr.L1.b
•nd the Conwnh' t~~In•ppl)•to a.t.htcnllories nMledin'11thnotlc:cninety da)'$lftu ita
rotdpL by theSur~era.l o(~ Le:acu. fNadona.
J. Anyllil:lCoalrU""' Pvty may. at aoy limoalt<t !beap1r.ulonof the p<riodof th<ee
)'al1me:ndoac GArticle tt.decllretlaat bdau'tstlaat thpaeot CanftD:tiosb11 ~ to
• pply to Ill or o(bb coMlnies.J,WOl«ttn.t0\'cntU turiuwia: o1mhorie& uo4tr~1)'
or rriandat~ tk ConventiaashaD C"st to •r* 10 thecmitodes J'W'DfiJsuch dtda.~tic.
a.imo~t hfsc iu recdpt by thSec:rd:~ of tbe Leagoe:of NatiOM
4· The Sc<:re:tar-yGeneraJ of U.e 1.eAgueof NiiAtionsshall oommtn.bttbeollembm.
ol th<Lc~c of Nat£ontand the llOll·mtm'r unca.aUdcclarntiQatlnotlet'Sr«.eivtd in \irtua
of thjs Article a.od tho dates o[ their receipt.
ArCidt21.
The~~ c..... '\0tUllbe<~ bytho Socnu.~ oflk ...._ ol Na,_
u aocmu u hu ecttred uno forc::e:.
!ola,J$K
39 364 Soc/f.lld" Natioru- Rtw<ildts Trailh. 1935
£n f01de quoi_i.esplhtipotedti.lSUS·& Ia Wth wbtrtoflhta~HoriC:d Pkm
rne ~ru ont s.ignIart~!l coventio.uepotmrbrics have aip)edtile prConvvnioA.
.Fait Cc.nl\lt, vialct~ tpro'lr! Oont At Gene\'&, otheh\'tnty~ dilourlh
milt~e «~nftrwceet111,1an se12oocempl•n ol Sep(tmbcr one tboMAndnine hundred ud
quiW3 QOOSCrY6daM lesartbive;. Sec:r6-thirty-onin &Aftri.J>' whichsl>.bellc.tpt
W11ltdt IaSocit detNations d dwn ~ In tbo archivolU, ~tC:i•tarlattheJ..nc•.u
cuu11 ~tmfoonc sercmiMi to~lt3 Yaabia of No.tiontADdofwMd1 U:rtifltn1e coptes
de)ASocibt et~ Euu non •nc:mbra. atuilt. delivere~ U.the )fcmbcn o! tbe
~ of l'latil>nttttodeM DOO·mcmbcr
Sliltcs
ALBANI£
At.J..EliACNE CF.R.Io!ANY
UA'fS.UNIS D'AlitRIQUE U>'ITED STA1'ESOF .urERICA
llELGIQU£ Bl>LGIUM
CANADA
a Gunnuc.
COMMONII'EAI.THD'AUSTRALL£
COIUIONWEALTH OF AUSTRALIA
Jamet R. Cow-,;$.
NOliV£U.E.Zi!LANDE
UN/ON S\11>-AFRICAil\'E UNIO)IOF SOUTHAFlliCA
C. T 'tCWAftlt,
lNDE
INDIA
.B L Mrna:a.
COLOMBIE
COLOI ~BIA
A J.R •ontJPO.
DAliEIIARK
Avec rhervt . JtMqu'lno«d.rt,poutcequiconoeme JeGromland.1
William BN:auo
'T"""-''-U:""'
Wid!,...,...iu.nW,t11r'totiot,-l"ffatdl GrwcMM.
401935 L<a,ueo/ /'loti.,. - TreatS.ria. 365
£SPAGliE SPAIN
FINI-ANOE FlNLAl\,
FRANCE fRANCE
GRttE GR££CE
!TALl£ ITALY
AugustoReDo
loiEXlQUE MEXJCO
S.M.artllict. DB Al.VA..
NORIItGE NORWA\'
THE NETHERLAHDS
Pour le Royaam6 en~ tt Jtt:Jndc~. 1
B£ELAJ).RT$ VAJf 81.0JU.A$U.
I'Ol..QGNE POLAND
ROUMANJ£ ROUMANIA
c.A~~lfiADE.
SUISSE SWITZERLA ND
TCH£C05LOVAQulE CZECHOSLOVAKIA
Zd.FIIWIIIQL
TURQUIE TURKEY
VO\IGOSLAVIR YUGOSLAVIA
ITrliN$hflit:;nt
Fottbe JUIIcdomEu~ &.atbeNttMt1ancl.DdieL
41 Annex 3: International Agreement for the Regulation of Whaling, London,
8 June 1937, 190 LNTS 79 (entered into force 27 July 1938)
UNI ON SUD -AFRICAINE , ALLEMAGNE ,
ETATS -UNIS D'AMERIQUE,
REPUBLIQUE ARGENTINE,
COMMONWEALTH D'AUSTRALIE , etc.
Accord international poura reglcme:ntation de Ia chasse
Ia baleinc, sianLondres, le 8 ju1937,ct declaration
duprincipal se:crttaire d'Etat aux Affaire:setrangeres de
Sa Majestt le Roi de Grande-Bretagne, d'lrlande et des
Terr itoires britanniqucs au dela des men, Empcreur des
ln dcs, relatavIa prorogation dudit accord, sigaee
Londres, l~9 juin '938.
UNION OF SOUTH AFRICA , GERMANY ,
UNITED STATES OF AMERICA ,
ARGENTINE REPUBLIC,
COMMONWEALTH Of' AUSTRALIA , etc.
InternationalAgreement for the Regulation of Whaling ,
signed at London, June 8th, •937• and Declaration by
the Principal Secretary of State for Foreign Affairs of
His Majesty the King of Great Britain, Ireland and the
B ritish Dominions beyond the Seas, Emperor of India,
relatingto the Prolongationof the said Agreemenl,
signed at London, June 29th, 1938.
4280 Socilti Ju Notion•- Rta~d Jul Troills. 1938
No. 4406. - INTERNATIONAL AGREEMENT FOR THE REGULATION
OF WHALING. SIGNED AT LONDON, JUNE 8TH,T937·
THE Govt.R.NlmNTS or nn: liNtON o; SoUTH •.a.ntCA , THKUN"InSrATRS OJ'AMBRtCA, THE
AaGEN1'1:0'B. hPUBUC-,Tll£ COlUtONWF.ALTH OF AUiTrv.LfA.. GEJ.NANV, TKE UNITED Ktl'OGOOM
OJICRBAtBRITAlM ..urNORTREilN'lRRLAI'ii>,TNlRtsaFuf.. Snn:,Nr.w Z-~A. LND NDoRWAY,
d~rin tg 5eeure the prosperity of the whaling indtu.try and, for duu purpose, to maintain the
stock_of whale, have agreed.asfoUows:
Arlid1 1.
n te oontracting Govt:mml!nts witake appropriate mwute$ to ensure tbe appUentJoaof
the provisions oft1i.~nt Agreement a.n<Stbe pgnl$1\m.entot i.nfractiont agajnst tbe Sl).id
provssion1 and. in patttcular, wilTmain;aleast one inspec.torot whalinge~o factory ship
under their jurisdiction. The inspeet.on sb{t.[lbe appoi.ntccland paid by Govemment$.
A.rlitU2 .
The-present ~ent appliesto factorthipt a.nd whaletalt:bC:I$and l~n dtatioor1L$
defined in ArticltS undtorthe jurisdietion tht'COntracting (;Qvernmll'nIU\dto ~ watet"i
in whkh whalingis proseeuttd by such betory dtipt, and/or whale catcherS.
' R"lificatid4-po.s.i11IAtU~ :
UtHra.o STATUoP AannucA , •• • •• Septeltl'ber3td, 1937·
CJtx..uBanAlfi AlfDNoanr:aax 1Jt£u.1m OcitDbet 1:jlb . 1937·
NOJtWAY • •• Oetobet 29th. 1937·
Cant.M.UI'•• • NU'Iombcr ,tb,19,)7 ·
lULAiolb •• , May ?lb . 1938,
Ntw ZEALAND : june ~4t .19J8.
AuntiO;OfJ :
lt!lX ICO ••••
C..NAt'IA
c.m, lnto 101'\:CMay rt b, 193f .
43 1'1.38 Ua,ue of Nat1oru- Treaty St<iM. 81
1
fttAI)UC1'10X , -tAN$l ..ATIO~
N• 44o6. - ACCORD' JNTERNATIONAL POUR LA MGLEMENTA·
TION DE LA CHASSE A LA BALEINE. SJGNE A LONDRES, LE
8 JUIN I937·
LEi GOU\"BR.~JP nn(&LN'TUSt~SUo~-Al'lbCAul-t, DI!.S ETATS-UNIS o'AWt.aJIl!,LA
fU:t'\J!IUQUE ARGB.ND.t<B,DU CoWNONW2ALTH D'AU.St'J DtAL'AUtt,GI'I.!,DU ROYAUMt
UNI DE GHANDE~Ba&T iTtC'.B.AI'(tl!:DUNolD,lL'EtAT U&RB D'lltl.A.N'DB,D! LANOIJ\'l!LL&·
Z'i1l..A.t : t: LA.NoRVtc&,<Usireuxd'a&sllierprosp&i dtl'indusuie bU:.in.i.UA.cette
ft:n~ profeet l'espke b3Jcinih't, sc:Of'IYende ce qW suit :
Arlkk prtmin.
Lts gouvememenU «;;Oln.ctol.ntsprwdro nt toutes mesuresutiJes en vue d'assuretl'ap_plication
des-dispositions pr&ent .ux:ordel de punklcsinfn.ctioosauxdites dispositions; ils mainttt:ndront,
ootmnncnt, au moiM un inspecltl.lr de (has&eAIa t».Je.inea bocd de cba.qusinetlottante
wwn~ t\ leur ju.ridictesninspee:tcut'$suont nomm61 et r6tribUpo.rlet t,-<navcrntmen.ts
.<rtuu•.
l.e prbeftt IUlCMds'appliq.uUJinesflott~ etaux ~vire baleinim,atnsiqu'aux stations
tertutresteb. qu'ils sont d.tfi:W:1 l'articlo t8 autat~~utilsont soumis 1 b. juridl<:tioll
des gouwrnetnents tontn«&ntlde m~e qu.'At.outes.les eaux da.Ju.le.lac.hass~ Ia bateinc
est pratiquk. p.1.rletduaina Ooua.ntcset/Ou par lesdits naviros baJcihien.
1
Tnduit par le Secrharia(1eia ~0 des. IT~ted bv tbeS«utarint <1tbe ~M.~~:oc
Naaon~~ . tltrd'U!.formatloo. ot Nations , f(IC{nf.on:rwion,
'Ratifle./i4dipoJJ.ud Lo"'4'u :
ETA1'$•U.IIO'AM.tf\JQUC- •' ••• • • 3-scpttmbre 1937·
GU ,!<D£-BRB'TAC:<o'l.leT )lDl:l NORD ~soe-tobrt t9J7 ·
Noav.tos. • ::9Ottob~ 1937.
At..Lt .NAON.' ,- novembre 1937·
(Rl.J\.to• • ••• 1mal 1938,
Nouve~ou.·tiLAl'fDro -,jula 19)8 .
Adktno"" :
M .CCIQV\• • 1mat t~J.S
CAN-AD... :<ju!n 19J&.
Eottt c:.n \o"S"ue-m~ielt,Jjl •
•
44 82 SodlU des Nalioru - Ra:ueil Ju Traltis, 1938
.Arlidt 3·
Prosecutions!Of infrattio~ains or cootraventMmo sf the presen\Agreementand the
ttg\IJ:Uiomade the:reundeshallbe instituteby theGo~mtnt M ;) Oepa.t rrtnnf the
Government.
Arlidt~.
U isforbid to1akt ~r kill Grey Whah:sand/oRiGhtWha!et.
Ar~U :·h
ltis forbidden to take or kill any Blue, Fin. Humpb.lekor Spenn wtwcs belowlbe following
lmgths. \il. :
(a) Blue wbal.ts ]0 Jffl.
(~ Fin whA1e. • , , , S.Stee,,
(c llornpl)iUwh~~ 35 feet,
( ) Sperm wiW... J5 reet.
Arliek6.
h is forbiddento take orltillcalvtJ, ot sucklingwhalesor femalewbaks whiWarc acc:ompcwicd
by calves or suckling whales.
Arlid• 1·
It i$f()tbi&,!enwe a factory sh.ipor a wha.leeattbet l).tta!ihecllhereto for the purpose of
ta.kinor treating balewhaJI!Siany waters soutof400South L:ltitode, e.xct;P.tdurperiode
from the 8th day otOettmbtr tO the 7tb daoflta.reh foUowi, bothda)'$inclusivt, provided
that in the whalistaSC,1937·38 tbperiodshall extend to the dayo~ March, I9.)8, inclusive.
ArlitU 8.
h isfMbidden to use a land s.tatioo or a whale catebcr attached thereto lor the putpCM of
taking octreatingwbales.iany area orinany watm !or mort lhan st"months in M.)' period
of twdve months, suchperiodof sixmon~ tobe continuous.
Ar/l'de 9-
lt is forbidde.nto a.iactoryshipor awhale.cstcher attached thereto £or tht pufofColS
taking01 treating baleen whales in any of tbe followinW...:s,
(a) tn the Atlantic Ocean north of 400 South Latitude- aod in tbe t4vis Strait,
Baft'in"'Baand Greenta.ndSea :
(~) In theP~odf <iun- cut of tjOOWest Longitude between -400South Latitude
and 3.$ North Latitu4e :
(&) In thePad ftc Oeutt v.·es•.SCW'est.loosit ~t.we.en4ooSouth Latitude
wtd 200 North U.tltudt :
(d) Jn the ludlanOc.t:anorth of ,.SoutlJLa.Utude.
Artlde10.
NotwitMta.ndinganything contained in thi~grter, ne1.tcontncting, Government may
grunt to any of its nationals a specialpennit authoristng thl\t national to kiD, talt:eand treat whales
45 1938 L...,u.o/ Notiotu- Tttt Suiu.!l 83
drlict.).
En cas d'W:rution011de coam:ftlltio o.a.u dilpoeUionpr&ent J.ocoretdel rtgkmt:nU
~65 eo vmu dooedemier,'esJl0Cit1uiteset'Oirnent6tsparlepuvttnm.ent ou par uo acrvite
gouverucmental.
A,titk 4·
U estinterdi0., captW'ou det-oeIn ba.lein,rues (f'tY wbl u)el/Oules•rightw-halet
Arikt.6,
D estinttrdhdo ca.pturtt O~ h~~ ld bakioeaux , ou let )cunt.leinu1)()~vr~. ou
tesbaltines femeJioaccompangfcs de~~ ou do j'wiCI bl.le'DI on sevr&s.
Atiid• 1·
II •t interdide l.&l~t d't.mainc flottute ou d'a.nn&vlteboJeiorat~ l c;e]Ja.i.c
en vue de captu.rer ou d. tndts b:OeiDtfInons 4uts t.out5ett*Ual.l slld ..o-delatitude
sud, saulpetKb.ntIa~ comprite ertttle 8 d6:embn: cte?~Mn tuivant,l'uor:et J'atille
cb.te.i:tdttS\OlUefoilLJC$1entcndu que pour la OUDPIPf: 19J.7/1Ila p&iode ~ qucst£on
•'itt"adta. jl15qUI)•man 19)8 mdosi~t.
Ao1id<S.
U C$liDtt:tditdfairtlap d'uaeSU.tionWTe:m'e OQd'annavn baltinbR.ttatb!l cdJe..g
en vue de g_plura- o"ck U'IIUcrc:t~ cb.nsdet r.o rc~4mt eawt qUtJc:onque~t
J)tUlde~ molt p;u pGiodo etdouze mois, tta.at mtendque lachtep&1odt de sixmoJS devn
ftre continue.
.tnklt9·
H tn interd idef;UreUll(t d'une wine Ootta.nte ou d'un navlte balrattacbti. ct lJf,-ci
en vue de cct.pture.rou de traher des bateines:Afanons dans Itt IOI:Ieid.aprb
c) Da.t11'ocb.n Adantique, an nord du 40<U latitudo t.'ltdet dans Je dido!t
Da.vi.La N.Jede Baffinet Ia.mer do Greenland;
ll) Da.M l'oc&.nPacifique, il'e:t.so-e lof~Co iUt~u:ntrt~.,.00de latitude.
.lUdet le 35• dt latitudt nord ;
<) o... roe~ l'niloquc.ll'..,...•s..doloOC'tude....,.,«>.lo40'clclabtodc
wd .. J. ... dob.btudo 00<4;
J) 0... l'o$n lndiot\. •• ..,a. 40' do b.tuodc NCI.
A.rtid.JO.
pournoaecordu A.•outreuon-otsoCOnc-pe:rmis•p6cial•utoriAn1l' p~ lit:at capturerMel
4684 SociilldesNations- Recuci/Ja T•aiti> . 1938
forP\ol~ o( $Cien(i-rese:u-<~.u boi$uh restrictions u to number and subject co such
other~r.dih ao hescontractinGo\'etnmenthiDk" fit, IUldtbe kit:;~g,.dkhiftltgo r
whalern o\«-or dih t\etermsinforu ~.n, thi~Artidthallbeexempt irom th(l operatioo
of thisACf'i!!ttue.r.u
Any<:ont:ractiC:..ovt:tnt ay at atUne !V(>ka pem)if;r.Ll1by it uJJdUthll Art1cto,
Atll' n:.~
1'htfullt.$t pouible use shall be made of atlks.~t£xee inp~e we; oi wCalu or
parts o£wblJt$ intcndtd for human food or Jotfel:d&\ga.nishalb6 extracted by boUin&"
or otbttwi$t fr-ulblubber_. eat (except the meat of tperm whale$)aod bonesoththe.hn.n
iotemal~s .whale bone and flippers,ol :ill whales delivtrcd t~pthor 1aod station.
Arlideu.
Tbe~ shalJ aa•tuy time \H.!t-aken for dctoany raetory shorlandstationagre:~.tec
number of whales than cbe treated. effici$11Uyand in llo:»rdance with Article 1I of the. prf:SoCnt
A.grctment by thpl:a.Md pcrwnncl therein within a period of lhirty..lrocnthe time.
of tbt killing oi eaChwhale.
Artlck 13.
Cunnersand ¢teW$oJhctory 6bips. land statioos aod whale eatcbers seng~ be on
ttlrm"SUchthattheirremu~;en shaUioepend to aconsiderable extupon s.uchb~oc1 u
the spcc.. si:te and yie~-b~e tbn, and not merely upon the number the_wh:\1tken,
and no bonu.so-r other remuneration, ul.byrefettUe 10 the.ruults of their work, s.ba.Ube:
paidto tb.e gunners a.ndcrews of whale catchers m respect of a.ny whales the taking of which is
Jorbid,den b)' thi$ Agretment.
Atliek14.
With a view'to the. en!oroeme.ntopr~.be Artic:k, each contracting: Covflnmeot sball
e:btatn, Tt$_peCoftV1lrywhalecatcbu undtr itJurisd)ction. an account showingtotal
emolumentof each gunner :md member otheu~w :ulthe rl'l.lin whi<.btheemolumento!
eaebof them is cruculated.
ArHcl .5.
Articles5g,13 and 1.o! the pruent~~etm~t.l sn!aras.they imposeobligationoL
already in force, s.hall not unday of De«mber,193;,llpJ)to factory ship&.land stati.on.s
mwu..ru with oviewdtowtwing ope..ra.tsmi.ngtb@periodsbdo~wthe saiddate.elnrespect p:actic:.al
oft-1.Jactory ship4.land s.tationwhale catchersthe Agreements.IWI.in aeven~ ~me
int (or« on tbe t&.lddate.
J,Jirkt6
'l'beconuaeting Covemmenu $hall obtain with resard to all factory ships;atjo~and
under thclr jurisdicre<:ordo! the number of whales of t:aeb species tre:~cfacory
N• (4o6
47 1938 L<"'V••I Nations- T '"''Y Striu. 85
,(,Jidt:t .
"Toutes &ebo.leinceaptw&:t:dcvront ltre utii!a.UM i omplttcm qtt~lC*II*.. S&uj
s'.-'agiidbolltinetoudepaniadebolcints cScstin&sCONOmm•i"khm umaineoc ~J:aMwrlture
du WUiL l'buiteraextrt.itpo.lbullition ou par ta&~t prodd4 dotlout1ebla.tle,de toutc
4 C.~ tll'vootptiodeb. t.hair dCKMloU) eldt \OW h:Ot t.U.ttqut Jetorca-sit.ttatJel
W.Om d .~ts. dt toutct kbiJancs livtuS 1'o.s.ieouantt ou l1astationwntstre.
Arside u.
-~WC'IIMOmc:AI IJoe dtwa lue I~ l uneusino&uute ou uoc ftf.tion 1cnew-t pdea
balcinelque)ewoutill*lte~ pet'IO!Meln'enpet'I'Detletra.ltert:l!kaces:~~ntel
ll'anide u du pr6Kat accord daMc:nd&.i dttrent~ heurn l compl.ct de l'bcLlaq~Jd.to
ehaque bakine aura. tu~4
Ar#.U 13.
Lescanonnltrtet Jte&aulp:agesde~Hin Dotta.raldu, .tt&tiOMlCJTCSttc$det Mvitcl
ba!WUm dcvro:nt ftro~a acs ocmditions qulluont ., UMnWee muure. d6pendre leur
rb:nun&ation de factturJ-tcb q1'~. la Wlle: et le rmdantnda. balcindcaptti.T'6ctc,.t
non pas aulementde.1etu nom&rc~&UCW'Iprime ni autre rfmunhtioncalaal6sur b.batedel
r&Wtat&6t lt:w ua•..U 110levcn:6au c.uwnnicn et au "-ul~ des ru.vi~s. poar
tO\Itbalc:in.kmtli c::ap$t~ ~uetU.tcp:slc prf:knt acoorcf -
Ankkq
En vut. d'*urer t'appticauon de l'artipr6c:61tctchaq• ~<:IDt:rC naDn~.t
uiga-a.. pwr tocnavi.Te'b&lemioOmi.sa..sjurid.jctJOD,~uoa d'111(I)QliPindlq~a&~t
le total des bnolWMnlde chaqi)CCl.ftOf1ftiere:t membre de ('tqulpt.ge, tesrooQJ.hU
.adon letqudles les Cnolurncn~l de de$ int~ tontcaleultt.
A,ld~ 1$.
Lesartidet '· 9, 1ct14 du prlsenl actl{).rd,~w auta.nt ctn'ill ~tdetssbigato'"
non e:ncotexbtantes,ot a'appliqueropas aw.nt let" d"=cmbrcI9J1 1-Wtusinea&ua.ntet,
e¥ploitali01.,_wont tU}l prWdel meRJe:sd!ectielvw de MeUYJUllt-u:r~tioasdlependult
b. p&ioOe.am&ieurt~ Ia dattftaindiquf:£o ce qui e»OCIII'II4 usfts DOuante., statioM
tenall te~naftra bdeinitn. t'ac:d:ntrtn,t:t.oocu ,fA <riptarlla.date m qtii!'!Stioc.
Arlidl16
I.eCO~ COfttncc&ti\J ~t <)eIOUtetIaOIUMt,Oouuuc:s ctJtadotlstenatre:t
ooumlioolleut juricll<tlon<leirdeU>cllq..,t nomt... db<iii<Sde dl&q.~ trutl<o
~-~ :"."'
48 Socii/(J..NatiOtU- Fl«ud/tks Traiti>.
86 1938
Arl•'J17
'fh&c.onrtacuns Covuumenl..sball, wiU1 nwato iilwh.a~ opJrtilgs under their
jnrl5ditdon , communicate to the InternaS~o~nlf::W.aaJitl"tatlstf ct at S...n1njotJ
NorwO\ythe atalinkal informationspod(IAtlk: 16~ofthep~t Acreem~ ltiflhe'41th
anr informuion whkh may be collector obtaiftcdbthem •~re~ardto the.ealvrDcsrou;nd.t;
and mtgra.Uontoutelof wbaJts..
tn~t1nkatir hish'lbnut hoJGowmmtnt'i slt1U specify :
r•J The""""' aod lGruloColto<h loci...,. slup :
m The ...,.be< aod ........_or. .... - caldou..
(~) A li5o(the Lansf.atiowtakbwm 1ftoptntiOCI dl:rillg U. ~)Uiod .
Arliefat,
Jn t he:pramA(retmetl~ foDowi"3exprmionl b.avethmeani~ nvg~ly IJiSipod
io them. th•t it to say :
'' F'•ccorysbip " means• inwhkhor onwhichwhilesa.retreatw1~th wehrlly
or in pcan;
" Wbale catcher "eaJISa ship uMdfor thepurpo o~hunting. tAking, towtng,
bolcl(miJt~Cor ~(Klti fnrwh:alu :
• Lud •u.don " meus a r.ctoron thelan4. or itbt turitort.al wad1attnt
tbueto, in whichiltwbklLwb&la &I'lrtatowbctMr whoUyor inpearl
• 8aJem ·~ ''mt:aLuy ~ ocher thana toothed "'bak ;
''Bloc•IWt:" mam: any wta.a1btown bthe~ olbloewm.t.Slbb&k·t rorqual
or sulphur bottom ;
•• m whale •• mans anywh:a!ebow'a by the n.aof aJID'&D&.nbad.comMOn
Iinn1 commCJCfLn!u.a,l full:Ock.tifbcrrinwchale, rar.orba.dU'VGin wbalot,
"GreY:wtWe " m.eatll&nwtWeknown by the nameol.groy whale,Callfomfagrey,
dcvU fiih, bard had , mosdiuet. crebac.kripsack;
·•HumpbackwM.!e" means a.nywhlllc:knownby tbe name of bunch,humpback,
humpback whale,humpba.c:QdwbaCe. bump whAleor hunehbackedwhale;
u Richtwtule"mea.nsany wba.Mknownby then~e ofAtlutie fichwht.YAttt"
tfcht wh&l•,BU..yu ript •IW •-ucl.,,... p,olaw!We. G....w.d rlrhlwllale,
C~ wiWt, ""Nordbpet, North AU&ru.encht whale. North Cwt..lt.Padfie
"1111w!We, Nm! riptwh.ll<Soool>tm"""'' rip< 'lb&10<Sootbcno richwt..k :
49 1938 L<1111o u/eNotiM>- Trmty S.riu. 87
Artid ~?>
Pour toutes let opb1Uk>nt oom:emant les baltirlntdetleur juridiclion, les gouvtr •
neme.nu c:ont'I'\\CctoJm.murUqummt aBaru tlnt.nadon.aJdet Stuistiqnes baleWket, l
SanddjOrd.en Norvtce . let tcnsdror::muts statistiques pr6ws 'i l'lrilenaocor4.
ainsque tous ~tt q•'ils pou:aortCUtilou obtenit 1ur llieodecte:pc'Oduet.ioc
u les "._ de m.ipadon dH balllloes..
EJatn.rumettanm rtnte~ts .M:sP"'fl wtt 'f*iieroat:
•J I.'*' tt let~ de~ mi.Dafk>U&ate,
•J t. nombre ettc t~ global de uvtr• t.kWm :
~)Un. til.det••rioa tsestrelay&ntb:K::tbl.a c:o d.atrp&:iodmvtif.C6L
A~t.8.
tAns le prfttnt acccmS.It&ex:preu:cH.prhoat rupoctlYcmentJe sen&loncl~
Par utlnofloUADt•e·onent~ undnlvirl bordduquelde$baleines!.IOntua1t6clt
M tout ou en partie.
Pa.r• navbe baleinieoD,e~ne nnd.avlre utilW J»Ut ebA.s.apturer, t1.1cr,
pounuivre ou repb'er da ba.leiftu.
Pat ttadon ttrratf•.oo.eat~ ww \ili•ur 1aterre. fe:oa dam ld .au
tenitorl&Ja Umitrophtti,dOilpu laq~ da beleiAeIORt tT&it6esen tout <* ..
pottlc.
Pat biJeiM lfuocll•(~ • #w). on entmd toute balea~e. q-otabUt:ux
dct!Wo .
Par • ba1unebleve• (61t~M ).tn.entmcl toatbUtineCXJM Dl:~ l~tom dt
baldnebh:, ~dJtorqoalde~ ou de •Alphar bottom '
Pat btJtiftlmceoirt•s(f-.._ ,,OD e:ntef.outs baleiCOMUO ScN1 'oDOm
dtba.1e&nl.na&:" 'o*tn.a d:phyalc.c.or~ ~emtfn!.l cxcnmW'l,.de bUci.ne
ln~es (~"i• fit...U),decherri.nwtW.. ,de (ibb&rode baleint naceWat
Writab lt .
Par c biJelr.tK'•on entend toutbaltinconnue Jous It: odtba~i ne$o.
degrise doCAIl.tornie, dt •fisb•. deba.rdbud ede • mtweldiWJ' •·de •groy
back 'cit •ripNdt ..
Pat • bllt.ibone •. on t21tendtoote I».Jeinetonnue Mmusde jubatle, de
c humpback'·do •humpbt.ck whale•. de • hwnpbaehd wMJe'• de • bwnp wbale• oo;a
dtc hWIChbtdctd whtie .._
Pitt~\ wble •. on entcnd toub.alciC'ClNl\IIOUe oom de •ri&hwhale •
deIAtlan. t0~•ricbt •bale •uuiquc . ~l • wb&Jt•de Bilca.ce»•~ •.
do p>.Ddo1iakioo...W..do •riel>• hale• dG.....a..4do b&leiudo Gn>mlood.
de • J\orc!bper •. rfc:wth:aJe• de l'At.ta.DOf'd.. baWAt d~ ap Nord.,CS.
•richwbal.t du h d6q'!lt. d!-' r~;bt• pypft .deriPt whalep)'p:c6eacstnlt
oo ct. ript whal. 'aliStnJe.
P.a 'caclWot• (1,_ ..U) ,Oflecte:M T.OIUtbUdM connuesoas le nom do
bf.lfict: l aptJ"ft\lt:ttl, de • c~ch• potwtu"t.'•·
No uo&-
50 SIXilti du Nations- R<c:u< diels Troltls. 1938
" ~h ''in tel.ationto whalt meal\i the disu.nmeasurl!on the level in-n
Jlraighlifte bt:twetil tp of the upper iaw:..nd th4!Mtc:h between tbc nuka of
the u.fl.
Artitk19.
Tbt ercscnt AgTCCmc:nsth.!l!lbL'n-mdftbe inatn.ttllenu of ntlfieatJon sdeposit~e
">ittileGoverntn o~netUnited Kingdom of Gre1t Brit-:Unn.ad Northern Lreb.nd u soon .u
poUib)e. It •h:IUcome Jnto Ioree ueo:depo; oriiutnlments of n.tification-amJ.jority
of the~gnat oovy.rrunmt:s, whiCh sh.iDiodudo the Governments of tUnit ~ ina:dom,
Germany a.od Norway: and for any other Co\-cmmentnot included in such maj()rity on the cUte
of the deposh of its in,trumo.nt or rntiliQaticm.
iht Government of the UniteKi~:~c dilmnform the other Government;: o( tho date on
"'hic.theAgrt'CmtnttJ1uscomeUuo f~e Melthe:date of.anyratiflcatton rt(wbse<f\l .~tJy
A.rh~20.
The presentAgrc:cmenlhallcomeilltoto!U'pro..-.Lslon®lt.bef$t<by or Ju1y. l9)7. t()
tbc CKtt!nto wbM:llthesig ory~Govtratnerat.are rtsped1vtly •bwe enforce it . pro\ided
that H any Government "Aithin t'I''Omonths otht-signature of the Arreemeniqf~~ thons
Go\•emmentof the United Kingdom tlt.h-i!unv.-iUnito t"iltlf-hepro\isiOMJ-app&eation
of the.<\g!ee imerspett of tb:t.t Govtmrt\ent shall thereupon ee:t.ce.
Tht GoYentment of tbe United Ki.agdom wW tomrt'lunitate the n:une ofGovernm~t.
wllleh hu signi6ed thJtisuawilliato ra.tif)•the Agreement to tM.oGo\•emm~ any osr,
whom may witbin one month of sucb communication -.'itbdr.lw its ratification or acocssion or
~piJ it$unwillti o raify:utbe casemay be, 3lld the provision.aJappllcatioo of tbe Agn:.emmt
in respect of that Go\'C1'fllnCJ.lstbaU t~a.eupoAny such witb.drawaor-cornmunkation
sball bnotifiedtoth~Government o(th~UD.titd Kin.gdo1n. by whom wiUbe tmnsmhtee! to
Ibe uthtt Govemments..
Arlit'~t.
1bt present Agttemcnt $hall, subjt'(t to tht prtceding Artidc,fMetduntil the }Oth
day of .TUn,9.18.nd &bereaftlU,before th:u elitmajoritrof the contracting Gownuncnts-,
\VtilcihaU inCfadethe Governments of the United KU\gd, Gennanyand Norway,sb.aUb.J.'o'C
agreed10extend itJ durationIn the event of such extension it shall remain in force until the
contracting Governments~ee to modify it, provided thatl}contracting Government may,
at anytime ft.er tM JOth day Junt!T<)J8byf!viDcnoticeon or before ttstday olja.nuary
in any year to the Governmenof the Unifedl\inc<Jom(whoon receipt of such notioe aball at
once com.munk:ateitto theotherconttae tivernments)'llithdrufrom the Agreement.$0
that i$h:iwuoeto be in foroe.in respect of that Government after the 3JunedfoUowin.g,
and that any other contractGo\'t!mmentm:.y. by giving notice in the like manner witbitl one
mor tbof the~ip.t ofsuc.beommunicatioo.W1tbdtaw also frotht Agretmcnt, so that ~hAD
cease to be in force:respect.a.fttht suoe date ,
ArlUk ~2 .
Any Govc.rnmcnt which has not signed the presA.~treem mtnyt-accede-ereto M any
time :.!fithas comeintoforce.Accessionshalbel!ffectccfby meaof a.notifieatli.nwritin!
addressed to thGovernment of the: United KingdQm and shall take etwcl immediately ll(W tbt
date of its rooc!ipt.
1'btGovc:mmc:n tf the United KingdoWlU infonn aUthe Go.,·.crnmcnts wbhavt!5liUCd
or •cceded to the. present Agrcemco;alaccessions received and dat ~ftbefr reccipl.
51 138 L<o.,.qf Nation. - Tm~I SJ.iu. 89
Artid20..
lA Pf*nl acc::eouva m vit;ueur t tiprOn.outle. 1., juilitt 19J7tnei..-e•
ob I• p~ ntasipatalmpounontretpe ~ttl \'appl.iqlta.nt mtcnclu, touteJoH..
dcllXmoisquiesui.VMnt111s.;paudel'aQOOrt\q,u'il pa$dispoMlarati6tr « ckrnier.
J'ap~ioa ~tu-sn deJ'ac:c:dCSM'pow coqui ~ et roawmcmeru.
Lenom de toot couvememtnqW af-Aituvo[qu'il n'kp.sdis~ l radher J'accor4
5en.ooit~tW')eGouvemement R(W)'t.~u Uxaiarcs\ ~fl"fl lh.lutfectsknf(s.
poa.:dans t~&l d'cn mois4at t~ccttcommu.aitc e.IfSaront,i6c aut~t6liM
ou fau. savolr qu'll n'ediJpot-ntafiel'ac:cord;ceWt, rappbc:ati~e de
l':acccttfeflrtpr<tde:a~uvemem eontr.nlt outO'Immm.unicatiande c~
w:ront nohMI au Gou,·erocmenRoyum~ .qui Itrna.t.m ev.aatr6•ouvernement.$.
A.rti'12.
Tout gouveracmc:ntnoo Ncnataireda. pr&.entaccoac!Mrtr1 oclui•In'ampone
QOd moment apr~ son eotr6t vl~lt ~L'&dbaion J'eftM;tutmo)'md'unt notificit.rioa
Mritt,adttuk au Govvunem dotRoy•ome-Unl, tl pttnefLt~ t>m. .pitA
tla.&!sa rktption .
l..GoUVf;tne:tne.Rop~tini porten l b«~Mais:s de tuceJu covvemcmtllts
quiu.roo5icni)eprb;tt.C'UWOdily •uronl adtoauf1. blsi~gc t.tnti lad.att do
sa r6oepc~a
~. ••of
5290 SociiJl Ju NatioN - R.cvd/ des Trait6. 1938
In t..U•bu<Cith~ boU>gddy ouobono<d . ~.asi&ne dt poe>ct ~· ·
DroiMIDLcmdonthe 8th day ofjmt, '-9J7LnlIUIJiecopy,whichawJ rc:ma!D dtpOJitin
lhc archh·• of the Govt:rrtmtnthe.Uoited Kincdom ol Grut Britain And Nortbm) lrtlan.d,
by ~·bo cnifted copicwillbeuansmhted to ..U thotbtr «mlrActingGO\'Cf'llmmtl
For tbt Covemmtnt of the Unjon ofSooth Afdea ·
(t.J, DUTorr .
For the Govtm~nt of the. Uniced Ststet of Atnerita
Rertcbd V. ]Olt:. tSO~
Rcmil:lc1onKELLOGG.
For the Go"VUnmau. otthe Aftmtint .Rq:lllbtic
llluad 8. Jlat.at,l!li .
M. Frh'CAT1
T L MA.liKI
For the Covemmmt of tbe Commonwulflt. of Al»t., ;.J~
S. M. Bau<:.
For the Gove.mmeno tf Germany:
WoJU .TitAT,
For the CO'o'U'I\tatttheUnned Kirl(dom or Grea.tBnta.ln
>lldNonllcmlrd>nd :
a...y c. """"'"·'
Goa. Koc.um.
For tbc Govnnmmt of the IrishF~ Sbte :
Scan O'Faolain O'DutcKAOSTJGL
For the Government of New Zealand·
G. M'CNAMAJIA.
For l.be Govemmettt of N()f'WJ.y
BlrcerBzaeunw .
53 1938
Uo,ue of Nations- Trealg Seri<J. 91
-En foi de quo00ssoussignt! , dUme.ntautorisls, ont signi le prEsentaccord.
Fait • Londres. le 8 juin 1937. en un e.xemptaire unique; celui-d~ resdans les
arcb.i\'t$du Gouverncrnent du Ro;•aume·Unide Grandc-Bretagne d d'lr-landedu Nord, qui eo
\~osmett drs1copiesetrtlfi6es oonfonnes1 tous les a.utresgouvemementscont.et:ant.s
PouT lcGouvc.memcnt de !'Union Sud..a!: r~ine
F. J.nu Ton·.
Pour le Gouverncmeot des Etats-Unis d'Amtri~-O
Her$Cbetv. jOKX$01.'
Remington Km.t.OGG.
PMtr leGouvcmtment dt. 13R~p11,b ligttiee :
Manuel E. MAURi.Ji.
M. Fn;CAn.
T .t .~ARfNI.
Pour ie Gouvcrnement du Common~lt b'Austra.Hc:
S. lt. Btu<:E.
Pout le Goull'(lf'ftentendte l'Allttnagne:
WOHLTH .,T.
Pour Jc Gouvernemcntdu Royaume·Uni de Grande·Breta,gne
etd 'frla.ode du NOTd:
Henry G. MAuiUC:t.
Geo. HOGAR11l.
Pour le Gouvc:mement de I'Etat libre d'Irlandeo:
SeanO'Faolain O'Dul.CIIAONnCH.
Pour le GouYetnemtlltde.Ia NouveUe-7...tlan&:
G. Jolc.NANA..RA
Pour le Couvemement de Ia .Norv :~e
Birgtr6sRG!ltSEN .
5492 SociiU Ju Natioru- Rocu<iJleJTraitis. 1938
QECLAJlATIO!<
ll\na: Pfu:Ncn•.SEcRSTAJtY oT STAttt-"QRFoRmG11Al"fAJa-op- H1sM~oJI!$ Tnt 'K•:«i
at GRoT lbrrAJN , lt....-AlrnTl!EBJUTS~ D£oMrNro -ss\'oto-o nSus, E"!ICP&RO~
o.tlN.DJAatGMDING TN%"PROLON"GA110sOF T1t1NT£A Rnso~A ALk11bL£r."t O'FJ Ullll!iSTu,
19J7• I'ORnl~£CVLA1o1 r WNllALING. S1c:o:noAT Lo~oo~l"t- :gt1l938.
Whertt& theJntf:rn:A ltmio1~ltfor du: RegulatiotnWhaling, aq;nfn London on
the Stb June, 1931. hbttn rahftcd by thGo~t~ uf tb,tJnitedSu.te of America.
Germa.ny, tN: Vnited Kingdom of Great Britail\ :&ndNr,rtlkn\ Jrelllnd,ZelJanda1~dw
_Norway. and came imo for« iaccor~ with the provision&-of Ar19con 'be 7tb dAy of
May. t938 ; and
Wberea$ tho Govet'lltuenu of tho United St&tc:sof )teCan;d.:have ato=Oe(l, \lo1ttl
(lfftet from 7th M3.y,19JS,and the 4thJut. ~938. respeedvdy, to the t::LfdAsreemen\- iu
aocordan!l' -withArticle 2:z.thereof; and
Whucas in wt~Seque tD! eiovunments o! lhe VnitStat ~f America, Getmany, the
Unlltd Kingdom of CitcatBritail'l and Northern Ireland. Eire, New Zeal1tYh'On1tcdA'iL
Sta.tcs ~rex k.dCanada arfl c.ontn Gc~ve.rnmtnts ; ;J.nd
\Vl:1 ~cWC;>rdigttheprovisionsof Arti21.thesaidAgrttmcnlrtma.insIntorte 1lnlU
tht30th ]tine, 1938, and therit,beloit that date, a majOrity of t,htcoo.tncting Gtwel'l'lments.
\\'hit~htlilclUdetheGovt.mm~: onthsUnited Kingdom,GermanyOlMN l orw&,ysha.Uh-tvt
agreed to extend its duntion ;
The uodeAigrled. PrindJSocrebtr01-Statetor'Foreign Affairs.of:M;aJestIheKing
of GrealHt~int,lrt land atheBritish Dominions be)'oth ~eas,Empe:"OrofTri, dh,~..r~by
eert iW ~ha the Goverruncn1s of the Uniltd St;aAroe:rkaCanada, Germ;any, the \JniiM
X~ ofGte:B~r.it~~nndNorthern trei:.ire, lhe United Statti (If).fe.xieo, NewZealandMnd
Norway bJ.vC~ to extend thd~Uon of the s:t~m~t. -andt~t the Agreement will
.a.eoordingu.naerthp!"'\\isioru of Ar,ztoontinuin forc111ftche 30tjuM, 19]5,
Witness.y hand this~9t a.y ofJun~o19JS.
Given at.be Forci&OfR.cc.ondou
1-IAU:PA.X
Certifle<' true copy :
StephenG~ee.
Liimm.4f' 4VlN~
.,j1~ Pttften 5I tJu FHeip.Offt.
London. tlthOc;t.1938.
55 1938 L.t.,utof Nali<KU - T•t<JiySuio . 93
UEcLARATIOS
DU'I'RINCl:rAL S£C.drD'ETAT .tV't Ar1A&UStfltMfC"OC.S-'MAJF..L£lRo1 o& GICAWD8·
8QTACs£, o'1&1.4JIatCDlll Tca•norus DJ'tTJMi~I.O-.ootAHDES II&U.SMr~uR wu
01$ hmts. R!.l.Atn'lt A&..I !;ATtO.\.'AC:C:OUf'T'UJfAllO S:8UJVI)t 1~37UR
L.4w:tGutM&..,.TAno.'C DS lA CU.A..UZUIQ S1CidsA l.oMo ~.Ctq>jt1U1938.
B"utun_&k 2 fiOWbrtJ0-38•Wd~nrlw w atDiut't.4'£tat••x Al•lttGNfirie 5.v_,tJCJ
tfGr.,Y.JJ,ttal..u .
AHendu q-- .'A«.oTd lrn«Auoaaconon etb rfc$ementadcmde b cbaae 6. b:l.i.U&
~ • l..of lt8drWen1.37.a "-' rsliparlH c.o.;.emcmentl da:sEu.;. d'Arnt:riqDt
d4il'AJ1tmagnt, do Roya.une-Uui~Stctil.gM .._ d'lrla.,.d~otd &,.l'Eircd.=Ia
Nouvti~Ja e\d& laNorv•• tt c:c:ntr6 en vipcw . COC\formUntnatwt dUpotd~oM
l'artJdo 19, lm&i 1Ql$ et
AUt<ndu qbr leG04.a.tntmenl!i des Eub ·UDi)I~.u et du. Canada a.dh lec~.
dlct • putir au 1 ma•9JSeldu 14juif1~ rupc:c:tivemcaudita.ccorc:onlormemeoi\
l'a.rbdu dece dtrNc:r , ct
Atuncluqu'~ ClOl~ ks (iouVc:s"'loedt!Etats·Vms dAm«i~ <,tee 1"~ .
r.l\- O)-&I&IDedeJGl'&ftde.Btttalne et d'ldu N01d, deI'E.ade Ia Non'ld~ .
dt laNorvt&t.de$ £tats-Uris dl1M'exiQutCam.&, $0nldesP.V~t.S O)ntrac&anuC\
Aucndu -;~ .oafonni:rnetu disnosldoosde J"articiear, kdit 1a:ord rVl(IXGt
jUJqu't.uJOjDJ1938et ulttritu .a(cv~-ttantte i.odicIa,.ma)orcbs rouvtrner1ltnti
c:ontrac::tCDmprcmultle'Gouventt ~ nuR:onaiOIIM-UeM,I'AJ!er:na,pdelaNon._
convic.nnentde 1t prot(IC:e:r
Lt~. priDc;iJecrit&id•Eu.tnx Affa\r6.trucfte.dt.Sa b&adJ:oi.e.Grandt·
8rela(ne. d 'JrlettdesTmhoiJU britul:liq\audtU.4ttn:ICfEm2C-fe-IM'Nladn.«:rti.61!1
~r b prfsentque a. Couve. eruots6ftEtatf-U Id'Amftique,du C&nad:Ld.·~,,
d~Ro~U nidoGnadedlrcugM ct d'ltbnde du Node,t'tit&. Bttt., .uM tJi~u,t.
de la Nocn·-ellc·Z.HtocleN~tab.011convauP~ 'OTO(Jtdi.oc::otque, paco~utat,
celu.i<i.«»nform'n"t.wcisposit.ionl't.rdd21dcn'leW"tftvipeut apbele 30 jmn 19)4
fa lotdt quol j'al ~lei prO.nloce vi:nc'-tneuviiM•ejuI'Mide-jutnl9J8
F~t nh FonigaOlr~ Lor:el.
\.,....
56Annex 4: Protocol amending the International Agreement on the Regulation
of Whaling, London, 24 June 1938, 196 LNTS 131 (entered into force
30 December 1938)
UNION SUD-AFRICAIN£ ,
ALLEMAGNE,
ETATS-UN IS D'AMERJQUE .
REPUBLJQUE ARGENTINE,
COMMONWEALT H D'AUSTRALI E, etc.
Protocolemodiliant !'Accord internat ional du
8 juin 1937 pour Ia riglementati on de Ia
chasse 2 Ia baleine. Sigaf.Londres, It
·~ juin 1938.
UNION OF SOUTH AFRI CA.
GERMANY,
UNITED STATES OF AMERICA,
ARGENT INE REPUBLIC ,
COMMONW EALT H OF AUSTRALIA , etc.
Proto col amendingthe International Agyee
ment of June 8th, 1937, for the Regula
tion of Whaling . Signed at London, June
·~th 1,38.
57 132 SotW Ju Nati«u - Ruvcil Ja T t0ltis. 1939
No 457.) PROTOCOL AMEND· N• 4575· - PROTOCOL£ 1 ~101 ·
11\G TH'E Lt\TE!U:ATIONAL FIANT J.'ACCORDINTERNATIO ·
AGREE~IENTO jiXE6TH,1937. 1\AL UU g JUll\ 1937 I'OIJil
FOR TH£ REGULATION OF LA R~GLEM.ENTAT IEO: L\
WHALING. SIGNED AT LON CRASS£ A LA BAJ.EII'f... SIGN£
DON,JUKE •~r ,u•938. A LONDRES. L'E 24 jffil' '938
1.rsGOUVJUttJIMin'S KL'UNI OU~O•AD• •
CAIR , lll:ETAts.-UNI$ D'AMDJQUC, Dl ~
Rir\!"II.IQA~C!:<O ,DU Cox MONWIIALnl
u'AU'tl'aAua, DCANADA,D&a.'EtlE, 01 L'Al.·
u.au,c,.-w .Ro~A.UH~U ttGa11AHD1!•'8U·
UCM"I:tt o'IIU.A)(DDU Soao, 0£ tA NOll'·
VILU·Zfuw t~tiE:J.A NDKYtCE, cWsifeUX
d'o.pporteoertaiManwndemcnts i l'Aceord
iolo-m.taionp:Nt Ia r~glcmenta dtiton
dwoe l Ia bol...."(nt a Loodm lc8 JOUI
19Jiid·dciiiOmmticGnf SOUIStIWI'd Ac.cord
pritlap;.J},a) nlormia:wdi$po!!iliOrucLc1'M·
ticlo2tdadit accord, COil\~ide wquisuit:
Arl•dt1 A.rlidprtMAIT.
With ttl~ to lbt •provwottS A~e:tEn otquicort(.tnJMdlJ~na me_;;.rudtt~
s Md 7 ofthe Priocipel Asr«mentit .for· ~ u 1 de l'Aewtd prtnctpal. itst i.nterd\1
bidden tu::t&t&ctcry sbfpoa_wiWe authN d'ut:Uiser une QJtAe flou:antt oa na\irt
atua.c.htl~o !or tbc purpose:t.akul«' batcinierratucW actUe-den ..,"ee c:aphartt
treatiniuam~k wrbaluin any wa1cn IIOU\h oa de traher M bt!tines boSlC (II••P..U
of<fo--Sou.th L:autudc d.uthe~<d lrom cri.l.tu) d1lwto h:t "wt au sud 4u 401'.:k
the ut October,19318totbe30th So(llemhrr,l.a.btudt sud. rcnI~uphiode compruo mtft.
19)9 k r•roc:tobre1:938ct~lcwpetmhrc 19.J9·
Arli<U2 Arlid111
Nonntb.st&ndincche prO-. o~Article '1 Soaobstant It$ di.spotltdeI'arti 1ck
or the Prinap&l Agrctment \ n u forbidden I'Acocm~pcll. il tll in\tfd-it 4c~eaire
tala faaory s.biora.whaae.catdler attathedd'uneusot flottanlt ou d'un cavirt: balt.i.nHu
thereto for tbputJ)c*or takiacw ucatirlJCrat~W t cda.d en vue de a.phvt::t ou tle
bQ.lecwha.- tn tbeWfl.m$'OUlh~ 40"SoutJ\ thlitde. bakin. t lanonsd~ ks nu~ a\1
Latitudefrom 7d'WeA 1..6n«hu4tW6rtwa.rds sud du 4do J.Atmasud et •I'OMttentre le
lRlllJ/fu r1p:tn I1JL-OMdo..t IJt-fl~'j ll'f$Jo41l..on4ftl .l
GQ.JtAIIV , , , , Oe\obtt)lil;938 Au.IUW IIM~. ) I OCtOil.]f
Ulf'rnoK.tto~GOOM o.c.mbot 7tlt, 19)& ROVAV.It•t4f'1 7 d4ccmbte Jf.)•
SO.WAY • • • • • Decembe-]otk , 19)1 So.vtoE • • • )0d'"mbfo f9}~
UJtlTU)SuTU or AMI.• EtATS-U"1:t D'AWhiOUC )0man I~J9
Atc:4 . • l4lrcb JOI.h, 10)9•
c:.....ait, a,i.ntrocwOflo.o.mw 3oth . £aut 4thlt1~1' 1M~nt .. JO 4•ctn\bf t
J9lS tl}} 8.
1Vol CX.C, pq:t 79- of tSon. • Vol, CXC. pace7q, de ee ret• l
581939 L..,gutof NoliOIIJ- Trcofy S•riu.
Arlid<3~ Arlic.k 3
l No flCCorr ship whKb bas been used for 1.Aucune usine flotu.nte qw auttf \ltd!·
the pui"J)Ceof treating b.Uttn wba1es south1& tn vuode traitedt5 ba.Jcnia ;\ fanons au
of <tOOSouth Latitude $hall be used for thatud du~0 0el~tit $Uudne Kfa utUi* all·
puf]lOSeeiHwherc within -a period of twelveJeu,., t cette fin, au couH d'unc pkldel"
mQfltl\tfrom the end otheopen season prt dOU7.mou idaterde La.fin de &3~n auv.
scrlbed ln Attkle 7 of the PrincipalAgrtemeI'Wt.~nuonnttl ;'.~tk1Jde I'Accordprin
Cipol
2.Only s11chf..ctorsbi~ as M~>t.,atecl 1 SeuJn Its usmcs llottantftq\J wrant
duNG the ya.r 1937 Within the: turitoti.attl otilis&s .a.ucoors de ramah:d.aMles
watm of a.ay ~~~ Gcwm:lmtnt lh&U. eao.- turhonaks d"tmdel ro~ li
after the tipatorof thuProtocolso opnu . lftllllipovroot ftR: ~as Dployftl a....
ud uy ..a..w.,...opcnl A& IIba lJ'Qtc4fallcNtvre da lriltatprot~ ct tOIUks
as land atatt ond~~ moond ia. tcm. bi.tea.aiD! 1.1tilsercmt~ commt
tonAl ~ttn II\ooe polidoo darin&theIQaOO stauonltem:stm a resterotLtI'MUt cbJd
aD4 slWl Opt:r&ttornotmort'tha.Osimouths ~ noJC tmi.toril.lu, l(Ute fuct. a.ucoan
iD uy periOdof swch-emontbs, suepe:rioof do IaWson; ilsM fooctionaertmt quP.tfldant
Iii• month$ tbtocmtlnuoas.. ai)men au.plus ao coortk touteD«locS e
4CIUX Aoit,6t&ntenteQ4uql,l..ac1tltptrlode
de sixmoiJdevn. ttre continue
A.rtidt •· ~rli 4·e
To Article5 of tMPrindpalAgrttrnerlhetc L'udete) de I'Accord principal componlf'll
shallbe•dde<Jtht loU..nO£; Its 4isposiuons a.dditionndle$.aulvo.nta
• Toute.loit,les baleiM$b(bl-..w
than 6Sceeec, tiwb*lwboflDOtfJestthan tn) d'.umoi:M6s pitdsles baiCI:MeDa•
pru r~•-.., d•• ...au ~ s>l!d•
.sofm an4 JJ*"''wb&la olDOt leu .tJw\ ct le&cadWots (sf#*wWn) d'•u moiu
to 1a.Ddltalfons pri:Mdtd that tbe: mat)' JOlllt<d<~ poanonttnt <Ol"oris
ol aueb whaJu is tbe used folocalCOD· tl11...rfs -.tat.itcae.t""~rw ~
.sump11CNJDhurD.aor ammal food.•· Iadl.aw-en soi•tiliM102vue doelaCIOQ.oo
trOfti.IM.~oa O)fi' nourt~ure poor
l'hocnm0'0Jesa.ni#M1:1x'.
Arlitle .5,
Arti $tl~
To Artid c7of the!Principal Agrcemtot thereL'anidt 1dt 1'Aa:orc1pri.nQ.p.i componun.
shallbe added tho followin( lea.cllspc:4itionasdditiosul.,..ll\tM :
"Notwithno.nding the above. PfOhiM • N'onobs.tanlt'lnterdle.tionul!4ees
don of ntatment duri~ a cl05eseason, lniterdes bJ.ltinau courtd'un6 safson
tbe .~atme tflwhale$"-hlchholve been tntcrd.ite, le traitemmt du balt-inesqui
take:IDduJinc: tbe. open seuon may b. auront~d captur&s au coursdela I&LJOn
completed after tendoftM opt!lsruoo. •· aulori:Kepoorrafut acbtvt apdt tafin
daladltRISon. •
ArlKJ.6. A.rfld.t.6.
tr;Art~ t~ tbt.Pt~va" l~ u.t A l..n.J<\ cdccor"o~p--=po JUtk-
.....~~b&lom" slallbe .-ted ahtttbt-.! oou • itra~ ~.J itmot •ba~ •
••treatuac•·
59 134
Sociili dts NatU,ru- Recueli d.. Trailis, 1939
Arljde7,
Artide 7·
For~at"C!a.5])¢Cifinrga (b), (cand (d) Le$x.ontt s~fi6 uxspa~'Tap a, e)s,~)
of Article g of the Pritl~ent there ettl)de:l':ll'htdt9I'A~r dnnciJ)iiJseron.!
shli.JIbe su&tituthe. fo!owi~rea ~k.: remptaetes par lt.onesS\livantes;
(~) [n the W.ltets~lh OJ (16-t-;octrl a)Datd-10$e.ux -anord du 66 .~latl~
Latitude ; ucept that !mm 15QltEut
toaaitt estwords as fara.s.1400Wen tude nord :tou~ef • oJc,t du tSOOd'e
Longitude the taking okill of whale1 long1tudetitju$qu'u J400 de lor.gitude
ou~.t iJsera permi$d'uti.liser uu.s~
by '$uchship or catcher sbbe pennitted fio!tantI)Uun n:wite.tnl<:inieren vue de
between N~rthLatit ndd~z• North capturer:ou de tuer des OOJeiSnuc lr
Latitu®-; fi,o etle 'flliltitun<>r;
(6) In the:Atlantk Oceaand ildepl!n· b) Dans l'ocb.n Atlantique ct Its tawc
dent waters north of 400 South Latitude!':qui tod~ent , au nord du~01 1e lati
tude&ud ~
(e) lnthe Pacafie Ocean an1tsdepcn t.l>ansl'odan Padhque et Its caux qu1
dtnl waters east o1~0 0 est l.ongiruck end~pend, An)'est du 1500dlongitude.
bet,rem 40South l.=iutuc-nd 35o 'Nortb ouest.•ent:r400 del~Lit sud tele 35•
t.thu®: delatitude -nord;
(d) In the P>cificO=n .00 it£ depeu. d)Dans1'«f..lnPa.ei&auetleseauxq,W
~~ waterswest of1~0 1>estLongitudo tn dtpendenla Iouest clut;o"de l(lngi·
between ~0 'outh Latit-udand2~ North ludeo~>t :ntt.le40"de latitudsud et
Latitude : le209de latitude nord:
(e) ln the IndiaOc;: aedai,~depen. e) D.lni l'octan. lndien et ItS eau.x qui
dent wutersnQrthof 40'>SoutLat~d ,e en d~pende nut,ord du 400 de l2titude
sud.
Arlki<8- Arlide&
for Ari1ck u:of the :Prinetpa~at L'actido u de l'Acc:ordprincipal sera rem·
there that! be $u\ntituted f<»Jlowingv.4. pia~ p;u-1otexte tuivant. ;
n..e ta..k:inwha)M for delivecy to -a La c:apturedes balcints A.Uvr1\une
I;aory shipsba.U be $0 regulatedor~ us;ne Ootta.nte serr~lernen ou~tts·
strictcd by the master or ptrincha(ge lt'ttole par-.1-ccapita.int ou iaret ·Onne
o1 the (ac.tory ship that no whak carcasc poosable de l'UiinOouante. de manitre
sha.JJrtmaib tthe seafora1~ period qu'aueunebaleiae mortene reito en mer
tbiJ,33 hours from the dmo of killing to piU$de 33 heureseatre le moment o" eUe
thetime when it itakenup on to the deck aura~tetu6eet le moment~ ellaon l!:t6
of the factorysbip treatment. livr6esur le poode l'usine flottante. en
\'Utd'y ltrtrait&.
Arli<l<9· Arlitl6 9·
ihc presentProtocol sha.ll oointoforce I.eJ)f6.senl pK!tocole tntrera. en vigueur. a
provlsfon.allyc;>othe fidaf of jl,llr93S, ~lrteprovisoire.le re:rjuWet 1d:l.nLaOl~e
to the extent to wb.ithes1.g0atorGo\'trn· sun::oil lsouvememe sinat:Urespourrcnt
menam rt:spcCtivabl ~o enforcit. re!pectivetnCJ'~pp ue.rq
Arlkle10. Arlide10.
{i) TllpresenProtocol shl\U beratified and i)Lt pr~l protoeolest.~ rati61!-et le5
the imtnlme nts of rati6catishall bt de)»" inst-rumcnu derati6w.tj<~~ d!posl!s-aus,.
sittdwiththe Government of thUnited King· s:it6tque po$$iblaupr~ du Gouvememeutdu
dom of Great Britain and Nortbtmln:land u Royaume·Unide Gn.nde·Bretngnetl4'Jrla.nde
600flas possible. du Nord .
(ii}h $llac:Qmeinto forcdeflll.ltivt.!y UP.ii) Uimi-ted~iiniltV U:ihl\.1\UU..L.
the deposit of tbe UtS:uenu. of ratificatioque les-in.strumetHIde:ratification-auront 4tt
H•i)7!
601939 Ua,ut of Nali ot T~rsiy Strit3.
bv the CovonlmtntJo4 1be Uoi:<dl!loc<lom.
cmn..y and N....,.)
(1.uFor any Other~cu whda 11a
P.ut) ' to tPn:nripalt£'tce t:npr&ent
Pro1ocol_,,,u«~me uno lmce.on thed.a ~ t-
the do~it of '" tnstnJmu c c;tfratifteati<m or
noti6c.atic.nofacteh;on
(iv) Th(io\'~m ot h: nnited Kingdon\ i'l) Gou~r~t du Roy.&Junc.-Unlor•
wlu mfonn the other Govtmments:of the datecM~hre nJ'iaulresgouvememenu:Ia dl\tc l
on wbkb the f rotocol comC$into fan4etbt laqudlo le prdtocole cnt.tert e:n vipcur ct 1:..
date of any fltHicatlon or 3CeeSSreceived dtlt: de touU! ntHieuiou aclh&;on r~u•
subsequently ultr'·N't! t mUI
ArlkU 11. AJ'titU.U
~ ji)n. -b1 any GO'fcallitowhQbe 'tA&IiiM:deotocC<JU\wnemc:nqol.DCl'un. pu Jlp6ocl
.&oipcd1tand _,kh acc:ecJe$to tPrioapJ tl qui ann. adWri i l'Aocord pnDO&\'IDI
AJCtecmat bdore the:dtf.nili-.JtCAUton:& I'tau6tnvi;ueotdlfuud\-da pnltoecft
or liMPrO'!c:o1
(u) ,._. .. lhallbe -..s by .,....of O)i L.a4hesiao ..tllecwle 1*' ....do
a IIOtific:atio~~rhi adera:sed to the Gonou6~ti 0crb..~ aa Gollil~
wmmet~ olf1be U•i!Od K~ and t.h.tl d• Royaumc-·Unle,ptt:ldrc.ftttanm64~ lltt
ta~k dtoet immccliatd)~ftrthe date of 1\l ment af""8 Iada1ede rb:ltptjon.
ru:opt.
Oil T~e Government oftb ~nitedK~dom fliLeGo~~memen du Hoyaumc..\Jnpot
wiD mform ILll thG<M mim~tns which Rave ten.....t-onuim uce de tous lerouvcn~
dKntd or•CCCldfdto th•present Protocol ofmenu qui !l\lf'tigrl)~~~t JI(Otocoou
all -at.:ClWlonJrect.an6dthe date oftheir qui yat;t ~adh&o'€tte adhQionr~u o.lml
t"ecelpt que -11 d'lteN.r«:epUon..
Arlie/u. Artitk12 .
Arty r.&tJ(IC&ofO« aa:tsicm to thPrift.
cap» ~CG:amt whd m.a.ybe ckposued w Touttra.tiAcatide l'A«lllltd llftnoo.al
oot:i.fialttrtbo cbte of detinitivcoaililcOOI!Meapcis:~ daltqdearaolrio a>~ ou
into f«et ol IW prcse:a ProiDcosb&ll be dlfioirivo cp:&<nl_...a.. ..,. ...n.dt.
clcrmcd to rebt t~ tbt: PritdpaAcnane:~:t '" .....,.s•apj>tiiqWll l rA- prindpal.
.,..nelpar- p<!otsp<OI«<Oe.
.. ......-by u..-· ,.,........
Jo .,U'latwt1e100flhe ~rncd. d~)' £a fOildquoi,lcssous.si(ndOUI.CI1t\lt~
a1.1thoruedthereto, havsiped \be.prtteQI riftsontllg Jclr~enlprotocolt.
PI'\ coL
"'DoneIllJ."don the twenty-!ounh clay orpiAI.rtunique qui dlpoin<~illItttrth(vttm·
June, '9J8. ir• s.lnglcop wr·iebsh111bt du Gou\·emmeer du RoyaW"M·VJndt Grandt•
de posiled iu the ardiiws the Go\·e.mment Bn:ta.sntt d'Jtb.r.de Nord,qu' ta trt.tLI•
of tbc Vnittd KIJ\Idom of GrutBritain a.o4mtura des copiesce:tifi&cmformc:st t<KIS
NbeWDimunicated tO a.IJtbe tf.gna.toryCicwk:scoavunemtnts oontr.l.clUUI •
.......
For tbt Gowramct of tbe.U1Uo:o! Sou:tb .._ k Go.•==• ck"ru..... Suci·Afn·
Africa .....
c.T.T&VtATU-
C. l.T\. \\Anti
F. J.o" Torr F J,ouTon.
:-., j,)
61 136 Srx:UU Je. N•tion•- R«ueil da Tr•il<s. 193 9
For the Govemmtntof tbe United Su.tes of Pour le Gouver-nemetdesEta.ts•Uni<!'Atnl--
America: tique :
f:lc.rsclld V. jOH.NSO,!'< liersd •eljOmiS<H•.
IUmit~,K s:Jtotn.OOO Remington Kf.U.OG.
\V'.JfN. D:tJutv. Wilfrid ND~:.•:~av,
For tbe Go'tr-erruotthe ArgentinuRepublic Pour !e Gouvernemc:dtela Rtpub!ique
Ar~ntl: ne
Manud E . MALVRAN. )fanuel.)[oU.B.R.i.K.
M. FlSCATI. ).FIXCA'TI.
FOT tbe Govtm.ment o! theComm(m~tb of Pour lc Gouvtmement du Commonwealth
Aus-tr :.tl~ d'Australie;
RobertG.M..!NtltsS. RobertG. M.t:.:zts.:s
Fortbc Governmentof Canacb: Pour lc Couvememe;ntdu Ca.nacla:
Yillcenti\tAss-a.v Vincent J.iAUP,V.
For U1e Governmentof fire : 'Pourlc Gouvementcnt4e I'Eirt :
Sean O'FAO AL~O'OoLCUAo:."Tl,•:on SeanO'FAOLAtN ODuLCUAO~. nGlf
J D.RliS-n. J.D. RuSJJ.
F or lh~Government ofGermany: Pourle.Gouverncment deI'AUetn; 2gn~
Helmuth \VOHt.TAT. HelmuthWoHt.TAT .
F'o-he Governmentof the Unit«! !Kingdomof Pour le Gouvernementdu Royaumt·Uni cle
Great Britain aod Northtrn Ireland ! Gran~ Bettl'.net d'Irla.ndedu Nord:
Henry G. l!fAURCIE. HenryG, N..AOfU.E
Gco. Joroc,.R.'ni Geo. HOO.UTH.
FortlleGovtmm.entol New Zc-aJand: Pour le Couvtmtment de Ia.Nouvelle--Uiaude:
\VJ, jOitOAN ,
IV.J.J•""" ·
For the Government of Norway l Poor leGou,•ernemendela Norvtgc~
Sitger BBRCBRS£N, Birgrr B&RG&ItS. I'
62Annex 5: Protocol amending the International Agreement for the Regulation of
Whaling, London, 7 February 1944, UKTS 1946 No. 61 (Cmd. 6990)
(entered into force 5 October 1945)
T reaty Series No. 6 1 (1946)
PROTOCOL
ON THE JNTER.\'TIOANL
REGULATIO N OF WHALING
London, 71h February, 1944
P•tP.tt/.14 Uythe Se4-rtiU} of S~ifa~rsr Ftwtrg,.
toPa,-•umbyCO/f,. cffl ~ajtth
LO :>:DON
HIS MAJESTY'S STATIONER Y OFF ICE
orn :Pt:J~I('~tT
Cmd. 6990
63 -·
PROTOC9L 01' TilE fNTERSATlONII I. REGULATION OF WHALIN~
c
/,o,.don. 'ilh P•brr119H.
Tae Oo\•ernmenh of the Union of South A(rica. l11e tnite-d StRlet of
Ameriea, the Cammnnweolth of Austraha.the United Kin~ll ofnGrea\
Britain oodXor:c hrlnnn,CanAdA.Eire. Ne" l..talood n!\or ·wa~
Bting pntiu or tiin•to Tieto the JnteroatiOtlAgreement for tht
Regulotioo ol WhAlin:;•ignf<l at J,ondoo oo the 8th Juao(hreinalkr
referred to •• the Af!l't'orncntof Hl87). ood to tho Prot•~Loodooned
on the 24\.bJun~U:~ ,S(•i)troducing e~rt8 imendments into the
Agreement of 1937 \hereinafter relerrcrl to u the Protocol ••ri9381:
Desiring, io violwthe(octth,u pt'l88it' whalo~ation io.te lift
to which Arlicle 7 of th19Si Agreement appliet ha\·e beeiolerrupttd
for n eonsiderablt periodthe existe nor bostiJit•os rtnd iotom11ett
the 1)res.eotemergency wltbout 11rtjucHciugthe comt.•rvntion of &loch of
wbaln, to put into fOJb,-o~ret'm sunt pruvi1'ionsama~-he MePssary
with regAI'to pt'lagk whnling ithis Mi:'''hen "'•haliO)httUlif)erco
rt'l!lUm('O there·
fA\· agretcAS fi)IJOW& :-
AttTI('LI: 1
(i1': 1uenOtl fixbydAnicl 'o[ theAgrt:t'uteof 11)37.dur•ng.iehh
foeLOI'•hipsor n whale tatehcr onaahed thert!.t(l may be u&edfotht;
purpos.e uC cakiog or treab~tle "h8ne5-ihnllbe extended (ur the 6rs::
~ In which wltuhog opcrntiou•r~ rt.•!ulueli iu the nruR rtoeU1ed
thesaid ArHcle •· so t.ocoverche pt.i Ifromthe 24th NO\'Cu'lho.thl'.
24th Mareh. both dRt\•lfinclusn-tl
(iiiEach Oovel'llmt'upart to.~e prei('m, Protocol shg1\tuot·icLo
tb~Oovernmcnt.nf ihe enited J\in gdom when whafactory9:hi(registered
under the Ia'' oRn~ c~rri under its auth ority or ot-herwise under iu
juri-Sdiction engIDwhaling ope.rallont tl1area defint'd iDArti·1ol
the Agrt't•tnen1\l!liThe Oo,·emnwnt of the t"nlted Kingdocn w-illinform
tbo otber Oo"ernml"nts part.y to the prei(tont Protocol of ell notices rec.·til'td
uoder this f'Rragraph and flih(lllil--elf timilorl_,. ghe notice to the otfh:r
contrtt.ct.lllg Oo,emmif wh1l f~tC' ·lhpr.~rtgitttre d drthe lewo.f
3ny terri ·tulrf~its nut.horior otherw inder itA jurisdJttlon eogog"
inwhclin O;p-rution§ in the .trl•u
liiiFortht'))\lfposol fHltng-rot iol thlt •MI'tielefirese&.ol1
rapcc.tJ(whieb ~o~ oli\ohftfi1let~IcO oodcr paragraph(iiobo\·eshtU
be deemed tObe the first. &ea.on in \\hic;h \\'hl'llin-roperntiona :.r-.-rtiluaned
'T'h ~ia.&nic;hereinAfter rdenttn l~" the firli't 1'50'0."
ARTit'LE2
Tho t>rori>ionoo! Article 1 of th< Pl'oll 19-'lSroloting to the takinR
of hn•u11b,,Cwholes in on\ w9ters aou'>rlO deRUes 10utbtati~ halc
Of'pl) durin,2 fil'ooctts.n
~· )Trent .y Series N'G.3; (193S).'"Cmd. 6i57.
~' )TreatySf.nl~o.ld(1939)Cmcl.6993.
64 3 1°7 1
A-":ncLa
(i) During the th1lt season. the numbtt owh•~lscaught. in t.he
ma referred to io :\rticle 7 of the 1937 A!ll't"'ex~nshtO,OOOt
b!uotwhalo uni&*i
(il• For tfHlrpoM&t'1•rRgr-ap(i} of tharticll,lm• hnl ~olr111.
•11•1e ealculated on tbt hasis tlllll voe hluf' whaJe equels
{ol 2 fin \\hAh"8.or
{b) 2l humpback whole&.or
lo) 0 sei "'h•leo
(iii) The 00\'t:rnornthP UniUNIKiogdom shall ('OD511all the
Governments "•ho have gh·on notic@under Ar(inolchiaat;rueo ~n
orderto tu·rao.ge b)' co·oJJfirngr~mcndthe mtta ~tuntetturyto
~Jur hat the total numbtrhntfwlh~1~8caught during tho Arstseatou
dtlfll not P2UM thP nu 8-pVi(l•in paragrllph (;thiftrll£'1('.
AKtlCI.M 4
Jn the absence of agr«"mt.b~rootrttt) nmh• of tt.u rrovth~otu of
pre~sntProtocol thl)~r~ eKett~i~rhffir M&St.<Asou
t\ttnru~
The pre11eatPMt.OsbI.bt'mtifted and the instrumenrori6 1iat.~n
depositeRfinonlifpoe.stblewith o~wernme (nth~ralto'ClKingdom
AIC'TICtlI.
{iJThl('lrc•cnt. fA. !hull l'e open to oeec3SiobbaU or itD)"
Oo\'trnme.nl "h WAI! po1r\.:'t-oJ@ie \~ructuntand h•• not $igoll.d
tbe freseol J'rot<.!ol
(ai) AccesRino .ahall h«ot!lfecttd bJ'notifi{"aJiuofHidrts;;:fitlt'>
dteOo\'t'tOUtofothet!oit Jf\n~o m
.\llTt CL£ 7
(i) The Gl)vcwtuueat o( rhe t:oitl--.d.Kiogdmu shall tnform the Go,·eru·
numtaof th~l'nited St.al.e&or Amcr1ca, Can1dM~JCi}eco(.!,aatd
and ~on\' or)tarat.itll'flofthi ~rotoool or ncconitbtreto r
•(iiTlte present Protocol tbmll c:omeluto force n woo ns rurfieatiouQ
Aceessioo-5hovc btien depctln behalf of oil Oo,·erumeutt to1uTed
J)flragrppb (i) of thiiJ .-rticle ond or tbe GO\'UDtn(n't: of the Uuited Kiugdom
(iii) 11be ratiflcot acee3sioto thpt\.'tProtocol bA Ooveto
rue. whc:h is lijl:nathut not ,. party to the Agreement. n{ 19:\7 shall
Dot beeome eff~tu unil ~mcb(t~,·• ~ronnm~ tt par~tto thnL
agt~rnt i'nr-otifieation
ru witoe81 whereofthe uodte~ilgn(plenipoteo~ bengrieuy.
authorised to tiUs t8hytheir mpectlvto Govrmmt::nh. have sigued the
preseDtProiOC'l 1-"ffix!il thereu• thejr seals.
Done at Loudon tbls 711•day of February . lt~singlCO(J)which
thalJ't(~oldf'IIWltCi'the .u"hr·~(!tsh~Go\r•nn1eu~of~hr L'nit4-d
• SeeTr t-al,y Senf't So. 41 fl9 11i),"Cmd 0011.
65 4
Kingdom by whom certifiedcopies wil~ trontmitted1<nilhe Oo-.rn menls
rol~r o ic lrticle 7 (I)•
.for the Go<ernrnent ol the Union of South Africa:
(1. S) moNEYS REITZ.
(L.S.) A. P. '.- """ POST.
Far tbe Oo\·ernmtnt of the l"nittd StoreAme:rka:
(L.S.) LOYD Y STEERE
l'o· the Governmentol the Commonwt>11lo tf A\litralia:
(I..S) S. lf. BRUCE.
For the Government of the United Kingdom of Orent Bntaio aod
!\orthel'Irclnnd;
(L.S.) A T. A DOBSO:O:
(L.S.) J E. nr.\\'AT'I'ED J.I.E.
For the (;u,·eromen tCanad :a~
(L.S) YJNCE:"T ~lASSEY .
For tLe Gon .mmcnt o( Eiro:
For the Go,·emnlcol of New Zealand:
(LS.) W. J. JOl!DA!'.
For the Governme nt of Xo"''*Y:
(L S.) BIRGER BERGERSES
Date of Dtpotio/
RotificoUou.
UnitedJiingJoul :!SthJ une19U .
Conndo 24th August. Ill«
Auatrah• ...
~ew Ze&lsnd 81h Mnrch. 1945.
South Atrum. Union ol 18th ~ioreh 104.6.
l\'orwa.l .. 81at Mareh,1944.
l:nitecl Stntes lOth July.19-.4
A.cc~d Sttu.g Dal~ oj ..J.cctuion.
A,.gcn tipublic 18th ,June, 1946.
Denmark ... lOth No,·cmbor,1916.
i\feXlCO 29th J unt1944.
66Annex 6: Protocol amending the International Agreement for the Regulation
of Whaling of 8 June 1937 and the Protocol for the Regulation of
Whaling of 24 June 1938, London, 26 November 1945, 11 UNTS 43
(entered into force 3 March 1947)
No. 148
UNION OF SOurB AFRlCA,
AUSTRALIA, CANADA,
DEN~tAR, .KRAN CE, etc.
Protocol ameadiag the lnteruatiolllll Agreement of 8 June
1937, and the~otoc of:U June 1938 , for the n:gula·
lion of whaling tlped at London, ou 26 Nov=ber
1945 , IUldSuppltmeotary l"rotocol reprdinthe entry
into foree of the Protocol of 26 November 194;5, signed
at London , on 3 !lfarch 1947
E•glio~ UJtcommuniutt4 ti t~rnttlttl ailld Ki11gdomRtfri.Sft ·
tatiut to4Uru'Natit ~N&r-t,Uirtt~l;lut on 26 Novmtbn
/947.
UNION SUI>-AFRICAIN E,
AUS'JR'ALI', CANADA ,
DANE~ .IARK , FRANCE, etc.
~oto cole modilioot !'Accord intcr uaUou.ol djuin1937
etI~ Protocole du 24 juin 1938 pour Ia reglem entation
de Iachasse Ala balelne, eigne loLondr6, le 26 novembre
1945, et Prot oooladdi onir~eclncernant !'entreeo
vigneur du ~tcloe olu 26 novem bre 194 5, sigue A
Londr et le 3 ""'"' 1947
TtKtf offitill t<tmtivqtd.r repriJt 'ff"lltfll du R01"m• -
Uni •uprh dt rOrgartilinNotiomu,;,,L~tar•gmitt~dta
Utu It 2~towl! 191.rt
67 United Nmit,u - Treaty Seriu 19H
No. 148. PROTOCOL' AllfENDING THE INTERNATIONAL
AGREEMENT OF 8 JUNE 1937,AND THE PROTOCOL Of'
24 JUNE 1938, FOR THE REGULATION OF WHALING.
SIGNED AT WNDON, ON 26 NOVEMBER 1945
PROTOCOL
'llo<Covanmcnu ol the Union of Soo>lhAlri<a, !he Oonunonwcahh of
Australia. C:\nlldOcnmarll :r.nce, Mexico, the Ne\hcrla.nds,Nrw Zealand,
Norway, the United Rinpm. or Grut Britain and Northern Jtdand and the
United Stata ofAmcric:a;
Desiring, in view of the bet t.hat pelagic:whaling operatioN to lbe area
defined by Article7 o{ the lntc:mational Agreement (or the Recultuion of
Whllln&.oigocda< Londonon the 8111 June. 1937'(hu<inalou rderr<d •• ..
1he PriociptA&= men<),u ... endedby <hePn>cocolliJnedal London on thc
24th Juae, 1938'(bercin.a.fMfemd to as 1M Protocol of 1938), haxe bc.cn
mtcmapted for a ~blc period by the war, and in otdcr to meet the
c:mc:rgel'yroduced by polt·WU c4>ndiltocu withopKjudiu to the COD3Ctva
tion of stocU of whak::o.put into fon::bya,vcemem 'ucll proWioat ~ n1.)a'
be.ne«.c,sarin rqatd to pdag;c wbllin& lor the.ttasoo J946/H ;
ArticleI
Subject •• the pnm.ioos of Anicle 3oftiK present l'ro<o !he p~riod
fil«d by Anicle 7 ol th< Principal Al!<tman , during which 1.-y thil"
or wblltcatthers atl.ICbcdthen:.to may 'uc:d for the purpo5e ol Win.g or
tfeatin.baleen wha!cs.tllaUbeexteoded fOtd\cseuoo L946/47 so as lo cover
the period (rom the 8th Oeeamber colbc 7th April inehuh•t.
Arlid• 2
E.&chcontractinCo~c: . atatuJJ give notictothe Covemmcnt of the
Unitc.d Ki111tdowhen f.aaory lihipo;re,;"iatcredunder-tbe law of any laritort
68 1947 Nations UnJ·e-sRICU eil dtJ Traitls
45
TMDuafiON' - TuM ILAliO. "l
N' 148. PROTOCOLE' ~iODlFJA L'ATCCORD INTERNA·
TIONAL DU 8 JUIN 1937,ET I.E PROTOCOl.£ DU 24 JUIN
1938 POUR LA RECLEMENTATION DE LA CHASSE A LA
BALEINF..SIGN£ A LONDRF.S, LE 26 NOVF.~!BR 1E45
PROTOOOLE
La Couvc:rnut\C:Pde l"UnlotSud•Air' du Commonwealth ~AJJ$.
tral1c'du Ca11.1.u.Danc:n:rt,deb france, du Maique. do Payt•BU, de la
Nou\'t:Jie.7.£Lackdeb. Norv r~,du Royaurnc..Uni de Cru.~ B:rcc.ta et c.
d,hbnde du Nord c:tc!caEla•Unia d'AMtriqtKj
D&irtu., en rbon de la trU lonpe incc:rruptioa.Wic p1r Ia ophldoas
de c:ha.elIaba.tc:ineen hau1c mer daLazone dtfinael"artide 7 de I'Accord
intcmadonal pov Ia tf.&:lcmmtation Iath~ i Ia baJein.sip.l Londru
k 8 juln 1937' (<i-IP<Imenolonnt..,..k nom d'A<oonl prio<;pol ) m..Ufit
pv lcPtotoeole aipE lLw:rdta lc24 juin 1938*(Q.aprb mcntionnt!lOllle
nom ck Protoc.olc de 1938) f.aide Laauem:, cta..6de f-airaceau:xdilfi·
cult6s raulta.ot de l2 situatio• d'apr0cutt1'C, sao.tporter ptfjudiu lla ccuuc:r•
vadon des csp«:ct de baJcintl, de mewc evicuc ta.~vok d•accotd10 \lta
cr~ n&CS&<lin raatio·.a i la cbU5Cl':b. batnihaute merduran tIa
camp.cncl94 6/47;
Sont COD~UI de cc quJuit:
..frtiele ftr#min"
Sou. muve da <lilpaoiliode l'anlck 3 duPflocntprotocol<t.p&iodc
(ucicpu r.rt.kl7 de.I'Accordprinc.lpact durant la.qudll'usa.gd'us!nc:a
Bottanttou de.na'insWleln~ rnttachi:sl cdlctesautorWen we de eap
omr ou de traiter des .,_ines l fanons tcra prolongfe-durant Ia campagne
1946/47 de.marUb-el t'tkndrcd u 8 dieanbrc:1aavril lndus.
Artid1 1
Os:a:cundeP ~AI"ticontncuntca avilcn. le CouV<mcmentdu Royaumc:·
UN bosque dc:t usinca-ftottanta immatrieulic:aconlonnbm:nt l Ia lipl&tion
69 46 Uniltd Nttlioru- Tttaly SnieJ 1947
under itsauthority or otherwiseunder its jurisdiction enpec inopaa~ing
tions in the aru ddined by Article 7 of lhc PrA~ftt~n 1le uo.o.·cm
mcnl of the Onittd Kingdomwill inlonn lht Clthcontn~l Go\Cf1m1Ultl
of a.Unodee&cecdvod undtt Lhipar~gnp uh tball lucsimilarty clootice
to t.be otbu cooti'Kti.nl Go\·emmtnta if !ahjps~ uader the law
of any ttnitory tander lu authority or «berwilc under i" jurisdiction eng&&e
ln wh.alino:pc:ntionsin thesaid aru.
Arti<l< 3
n. pn>hibblon cootain<d in Arti<lt I of !he l'looxol of 1938 rdating
to the~~ of hump t.c.k whales i~y watcn:south of40o soudt l.1litude
<bollapply durin&the .....of1~ /47.
A.riiell 4
(I) During !he ..-n of 19*6/47 the number ol Ween whalcl ta"l!hl
in the Area ddintd by Artide 1 of ll:e Principal Agrtcrnalt JbaUnot exceed
16,000 blue whale units.
(2) Fo, !he pur- ol p......,aph I ollhio Article blue wiWc "'"" aball
be ulc~o~ lo:teebaa!athat orw::blue:wbJe equ&l.l--
(•) T>.o lin wbalco or
(b) Two and a IWI bump boct wbalo or
(e) Sixtci~IWcs.
(3) £a.cbcoat.racUng Gcwcnuncnt undtrtakcto auute that the lntcr
nWoru.l Bureau for Wballu&SU.ti1tlcs$halprovided,within 1WOda)'lafter
the end of cac.hetlendv \irtwithda.taon the Dumbc.rof blue.wh&leunits
caucht by each factory abipunder the j\lritdittion oGo\'tt1Unt-in the
ana defined by Articl7 or the PriDdpal Apcc:mcnt, The Government o( lbc.
United KingdomlhalltoNult ltom time to timwithdu International Bwuu
(or Whaling Switdet and i1Mould :t.ppu\bat the annual quota pf'O'Vbyk
~ph ( I) ollhlArticlemay be readMd bdorc !he 71h April, !he ln<er
naticnal Bureau (or Whaling-Statbtia thbelrequeste10 cktamine, on the
boNisor !.hedata provided, the date on whic.h the lnnu.al quota of bJuc wbak
unlta dWI be deemed to b"vc been ruched and to notify cncl1c:oatnctia.c
GovUDmcntorthat da~ notlcs.tthan tweds in Jd.,-.ncethc:reof. Thealakin
ol Ween whal abo~ll be Olecalt.!he dat<.. d<1ermined.
70 1947 NMioru Unin- R~eu eti lrailb .,
d'u.terri qtdoqu'iJJoi.sownitlJOI'auto ruitc:vant l uo autrtitre
de s.ajutidkdo$Clivrc:ro. deloptrariode thasse 1abaleincdans bt.OO.e
dt6nic: ll'attid c 7 de I'Aprinci..LolGouvcmanmt du .Roy3llme-Uni
communiquaa awe auttes PartJa: conuacu.n~out tatootificatiocu qu'U
rc.o:vra en vtJtu ci.U.poeitdu prbcnt pa.ragr.t.pbilavilcra de mt.mc
tesauua: Pa.rticteontnc.wasides us~a ftotca l.n~m.1.trit.oa:a.fo~.
malt ila lqidAlion d'ua.tcnilqutJqu~ soi,..oumi:i$UJIIIUtorU0\rck•
vanta un autre Out du. juriclidioDt•livrent lop&aUoN de chMK l La
baJcine dans la.-zone.
Ariielt 3
L'lotctd.icrtl: uia~c:apcude baJeiJ,esi bl.e (lumbackwA.czl)u
d.aru:loutes la eaausud du 40• dqR. de 4 titudc suqlli fAil'objede
r:atttde premier du protdeO1938,.~.ppa; dqr:ata campacnc 1946/47.
Articlt 4
I) Au coun ck Ia campagne 19+6/47, k nombre de ~ l fanons
captut ~ans lat:Ondt6niea l'artidt 7 de !'Accord prindDCckYra Pill
dt_pa t600oaunil& debalc:iDablc:uea.
2) Aux fiu dupangnp~ 1du prUtnt anitlt, le nomd'unit~baleina
blcucsJera c.llcu.ttsu.rla but:~uivalc d:ucecbaki.ne bleuetde:
a) Deux baldao l D2gtoirt(finwlt.Gtttou
6) Deuxbaldnca <tdan.el baste(hump bod r.Ao/1), ou
<) S;. rotqualde Rudoll (,.JM<Itt).
3) Cb.l.cunedes PartiesContractanta s'enplf1iretn sortque soicnt
foumk.s a.l.l lk&rintanaticmades statiJtiqucs balcincb.ntun d6ai d<
deux }ouna.prUlatin dchaquc:sana.indesindiudons sur Jnomb~ d'unit&•
baltl.nes bltue&capc.u.rMpar cba.cuncdesUlina flottantcs re:tevantde U juri
dlct.ion,danazonedtMit: ll"articlde7I"Ac:coprincipalLt Cou'"""emc:nt
du R.oyawne--Un-sc:onctnaa pUiodiqutml"tltaveek Bureau lnternatides
stat.i$liqbalc:inib'tt..s'Uappvaissait que lccon~nt annuel pzivu
~upar~aph 1cdu prben t ILilpu.irokftllttti.nt avun ~vri llBureau
intuna.tion:t.l des fta'atiqucs bJC:ri:nvi; fLXciu.Iabased.c:ndica
tion q~.I lui auronat roumia..la dllt1 bqudle Le eontin&Cft:mnud
ttp¥i.Ien unit~be ailnclotSsera COI'iIdIu-Ecoma.ttt:et de(airccoa,..
n•ltre ccnc datL i cfutcu.nc clef Pa.rtia c:ora.r;tun.ainc:sau moW
av..nt laditt dattocapture detM~ l fanonJ sera illkitc: april Ia date
aiNi fixtc.
71 48 Una'ttd Nations- TreeUySeries 1947
A•li</45
Tbep....mo.. o! Article3, _.-a ph (2), ol the Pro<oe<o>lll9rqon~.
b)g theOptnl.iOn o( faetory W'ptJand itatioo:l.hc ttl'fitorial Wofl.n)'
coorn.ctinGov ern~& .hlll not apply dwio,s the pe(rO:nht May, l947,
tO31st October, J9t7, indusin -.
Jfrlld6
( I) In the pn:ac::uPto,ocoll.be following expf$sh3llhave.the mean·
iAgl~cd to thun in Article 18 of lh«:PrincisnJI\rrca:"tact-orship."
"wbaJCUldaer."'lfJaJld ttal»o""balet:whalt,•• '"blue whale,'' ''hback
whale..""·'wbale."
(2) Sd whale mean.tfor the purpoec:sof tPI'Qotcolany wh.alekJlOwn
hy the name of bi.Jaenoptcra. borulit, aci whRudolpb ro'quol, poUaQ
whale, or c:oaltishwbl.and shall be tllken to include:Balacnoptua brydci,
Bryde ~te .
(3) The u::prc:Sooub..nd scalion"'dla.U,fOrthe pu..rof Article 5 of
theprt~e Prttocol, inc.lu~tfactory shithe:TnO\'tmmts and Mc.horage of
whieh artconfinedto thtterritorbwaten:ol a.nr tOOtrattins GovcntmcAt.
Artll.U 7
(J) Tht' pracnt ProlOcom&D be raiii«!and 1M imlrumcnu of ntit.ca·
tioodtpositeas toon a~ible withthe Covanmuu of the United Kln.gdom;
a~~ ~lba ll bo~n to aC'.ttS\nno~aU of any Goverruncnt ""·hich is a party
10the l'riJitip>l Alftcm<Dt Mthe Pratocol ol !938 anw DOl •lgntd the
p....t l'ro<oa>l.
(2) Accc:aion shall be dfccted by noti6ca~ion to tbe Govmuncot
ol t.h U~ite-d KJngdom
(3) The Covtm mcnt of lhe Unit«< Kingdou:1ah.U inform the Ccn'(tl'l•
ment w~hich art parties or licn•toria to the present f'ro.t«ol or all nti&:ationa
of this Ptotocolor ltccasions thcr«o .
drt l</4 8
(I) The.present Pn:Kocolsballtome intoforte in ilentiretyw-hc.naU
the Govc:mmenLIrderred to in the Prwnbk: bttco( al\aDb.avc.dcpasitcd thclr
iNtromenu of r2tifiution or given noti5c:aoraec. aiao.
".'....
72 1947 Nations Uniu- Rtcucil dtJ r,aith 49
.A{rllSo~
Lesapooiti ons du p>IOinJI2 de I'articleS du p,..ocole de 1938 <OO«r·
niUltl'utiliution do us.incs6o:ta.nta:conumtttr<::lcb.M Jcsuux terri·
Coritsl de J'un qudconquedes ttattcontracU-ntS ne acront papplie~a
durant I&~riod aeant dw.tcr mal 1947 n 31 occobrt 19.f7 indus.
Arrick 6
1) Dlnllt pr&cnt ptOCoce,Jlt1uprcaioaa .WVantaurontk JC:DSquJur
e.:donM i t••nide IB ck I'Ac:cordprincip'"\u:nftottantc''. "navirc.b&lci
nitr"'.''stahoDrurestte", ''baJe:inc1 fanom'e.~·.bAk"bafeine:l bollt",
''bal cl~n~coirt:a''.
2) On enttnd par rocq,val de Rudol(ui w.hJ,), AUX firu dupriscnl
proc.oco e .tc b.\lcitonn\K JOu.It nom de bahnto,I<1D bortoliJde Jti
wll~ a/eRud«p/11'1r(qllll, dfldl•'w*AII ou.d. tod fiswlla lco, pria
Ia bAlclc:ocn\Ktoutlc nom de baldnc de BrydeIHJ/anoptno brydei.
.3) AUlCfi.-e. J'artidc 5 du pr&cnt protOCClt;l"exprastationtcr
ratrc,. s"appliqutsalcmmt i UDt 113n flottante dootd~ple aune. cnlc
mouil~ tiWl'1imiCb:IIUXc:auJttni.lOfUIdt l'uot qydconque des PattQ
M ntr:l cttntCJ-
ijrtidl 7
l )Le pt&cn protocolt5Cftntifii er les Wtrumeots de radfieation tcront
d~ atOOt& q~ po.tibk o\upria du Couvcrnclntnt du Roy.tu.me·Unn:
_,A ouvcrt l J'adba.ion dt: rour F..t!i1'Ac<odr prindJHetau prOUXOte
de 1938qui n'npas sipi lprQcntprotocole.
2) L'a.dh&ioaxra dtcct116cp.ar '"Gitde nocifl~:ation..u Couvemo
mau du Royaum&Unt.
3) U Couvernl'mt:ntdu Royaumc·Uni ponua lla connai.:ll"CCdcaCou·
1
vcmemtcttSqul sont p:utla~u~t protoeclc ou qui 1oot ti&nl, touta. lcs
ratUic.atioll)-shbiON doru il aura bit l'objet.
Arl~ tc
I) Le pr&cnt protocote tntren en o;ipt ur dat~Ut$ sa d.lsposidotU
lorsqve tousa Gouvuotmenll mentionlb dans -JOnprhmbule auroatdfpo~
latrtinstrum denrtiietionau notilileur~d.Mtioon.
~· IU
73 50 1947
(2) Tb<provjoio"'of k'lisAnkl< &AdArticl., 2, 3, i, 6 ( I), 6 (2) ond?
or theprucnt Protocola-ba,l·b umuumcrus of rali6cltioo have beendeposited
by at kMl thrt:Jlgna.to~'CmLI'I bc:comIiItUtdiag on thott Cow:m•
mc:ntrud .sbaUbecomebinc!.itlsocn each othGoo.·cn nlwtnib $\lt::.quently
ntifica or ac!Ccdeso.a the datthedcpodt o( itinstrument ofra'ii otncra~
notificationojt•cr:c:Nto.
(1 )The ratiJic:ationof or a«-n tothe praent Protocol by a Go\·cm·
mtlll whichisnot •porty toIll< PrincipalAJr=n<nt and th< P.-1 ol 1938
aha.Unot btc.omc.dJect:ivuntil.suehCowmmcnt be<lomc:as party to th&t
Agn:cmcntaDd tht Protocol of 1938.
Articl# 9
The prcxnt ProtocolahaUbeat the:date on whichit is openedfor tignaturt
and sballran:aiopen for .&panuc lOt a periodof H dap theruf ter.
bf wrnf ..llWH :U.COP the und~ cd pknipoa trmit~beio.cduly
aulhorited tt.hiend by tbdr rapeetive Govmlmcnu ba.,. sipd the p~ t
Protocol.
.J)o:fa Londonthil 26th day ofNovember,1945. ia asingle eopywhich
shall rut'laiDdeposited in chcuc.h.ivaCovtrnQ'IItofthe UnitedJ.Unadom,
by whom certified eopla will be trarumit10dall the Covunmmta: tdcrr ed
toi.nthe preunblc.
For the.Government ol the Union ofSouth Africa:
A. P. VAN cu Pon
For the Go\'Uftmcnt or lhc Cmrtnlonwuhlt of
Aua&nlia:
J. S.DcNCWI
s;,_,.,Sr.tt~t
u~ K'-'a"- ...... •........... ..
New"~a&allldo ooo oooo o"" • o o 00 o oo••o I o"o ""'" ...
Ullloo of .SOAfna ~.. •.........................
Ptntn.ul- .....••..•....••.•• ,• •••" •.,..
- ... . ............ ...............................
~:. ,..-..:r:.:·:··::::::.................................
H.. Ul
74 1947 51
2) La dilpooit..,. du pt&tnt arti"dturoocs 2, 3,t,6 ( I), 6 (2tt1
du pr&ent protoeok acrout, lonquc. lcsinstruments <k ratifitatioa. a.uttUt
depo.b par trois£.tat$ sigrtataircs au moi"', obligatoiJtCC$o[&allct clJcs
dt\'ddtont obligatOite$poutchacun desautl'(Et~ uui, i»olasuite, ratificront
ltditpnxoeolc ou y ~lrcrool l,la date du dtp& de leurs loftitJ'Umenude
ntitiutton ou ck Lanotificaliock kur adh&ion1•
3) La ratification du prben t protocolc:ou t'a.dhlskmaudit procO«lk par
wa Etat qui o'a1 pas partie 3 rAcoord principad. au prouxok. de 1938 nc
prod:uin Stsdl'cts que: lonque en£w. dc:vic:ndnpartie audit Accord c:l :aucfil
ptotocolt dt 1953.
Artic/4 9
Le prUmt prot.OoOpIo.crtcn. date l~que.lli: at ouvert llsigrtlltUut!
it~era ou..·m 1cetdfel pcnoant un cUiaide qu.uOC"Ujouttapr ~cttc date.
EN Fe.DE QU04.laptMipoc:cntia.irc~a&., d~t autonl& a tctc::fl'et
pat kurs Couvemc:mmu raputih. out tiglo.Ck prC$eot protoeolc.
FAIT l Lond.rca. lc: 26 nO'\-.:mbrct!HS, eri un acnplaJrunique, ltqud
rate dtp~lt dl.•u let atchivQdu Couvtmcmu n du Royaumt·Uni qui ca
oommW1iqure a.des copitt cutifiWI conformerl touslet Gouvetnt"mdlUmen..
tiocln&cbns lep..e.mbule.
Pour lc Gou\'CI'"DCIJ'dena•un1onSud-Africa.ine:
A. P. VAN Dl.lt POST
J.s. Otn<CAH
AYiva!Oc..u, .....................,, .,.0 ,.......,......
NH~ZllaJWie. • • ......,. ,...."., ......,.,. , .,.
Valoa s.loAirieaiM . . .. .• • ,o• , .. , • , . ..,....
Oa~ .......... ..... ,.,, .• ,...., .....,.,,,,,
FraDCC... "" ,,.... o ""'oon o .,.
~::t ·;;. .n .",PC ......o::::::;:::::::•
~'aSS .. • ....... .. .. ..........................
'If'*'
75 52 1947
for lhceo.=mcn ol Conada:
V..a:nt.NAu"&Y
rcwlhc Gownunerltol DcnlniTi :
P. F. Eo!CBUH
fDr the PfO'oisiIAGovcrnrncnl ol the Frcm;h
Rcpubtic:
Noll Ha:':-.I..Y
FortheGcwmuntDI ol theu~ Muia.a Sc:tao. ;
Alfa~ .,Rol~~ttw ~tu.JC
ror lhc--oo o1 lhc N<Okrlaocb.
E. TD:UaA o&MAnoe
for lhc G<Mmman o1 New 7.<Aiao:J
R..M. C..r .L.L
ror 1.Covcmmcn1 o1Norway:
BirgcrBta:e&aHz
Fct lhc <;o......,o:nt of lht UKl.. dom ol
OtcalBriLtiandNorthun frdand;
A.T. A. Doaaoor
J.E.01 WAT'TU1.U.&
forlhceo.........ollhcu..tcdS..oa oAmerica:
R.....,_ K<u.o<.o
leaN ,C...e.aoH
SUPPLEM£NTAAY PROTOCOl. SICN&DAT LONDON, ON S MARCH
1947, RECAROINC THE ~'TRY INTO FOROP. OF THE
WHAUNC PROTOCOl. OF 26 l'iOVEMBER 1945
lbc eo.........of lhc UlliaorScxnloAlrlca, lhc...- ....Jtloo1
A--n., Conada, DrMiarlr,fr&~~ &wt, 7.calud. N-. oil< Und<d
~ . lhc Un.tcd S..la oAlncrica>l>dtloc Unloo ol S..X. Sotiol$
Rtpoblia,
~ ..•
76 J947 NtJlitmJUr~its Ruutil a~s Trdith 53
Pou..lrc OouvemetndutCanada:
ViAunt AfAUIY
P~r le Cou\•emunt du D&ucmut:
.PF.!a:taesa.H
Pour k Counmtment p~ de IaR~pubu li:q
(r~ :
NolliiL'<J<Y
Pour &c.ouvcmtment dts Ecab-Unis du Mcx.iquc:
Alfocuo01RonMzwuo OL\z.
Pour lcCw~crnc: dactP~y;Ba:s
£. Tcccuao~~!Anos
rouJ lGou~tnt de b.NOU'\dJe-Ulande:
Jl.~f.C'..4MP'ItLL
Pow JcOouvt.mancnl de Nont~ge:
BUger Dta(t:st.H
Pour lc Cou\ 'tn'lemcnt du Royau6cGran dt
Bte~c et d'ldancdu Nord:
A. T.A. Douo.~
j , £DE WATnvtt..U
Pour leCou~t des Etnti-UniS d'Amtriquc::
RcmiD,JtonKE.u.oco
Ira N.0A81UU.IOM
PROTOCOL £ ADDITJONN&L SIC!Io'tA LONDRES, LE 3 MARS 19H,
CONCER.~ANT L'ENTR£& £N VIGUEUR DU PROTOCOL£
RELATIF A LACHASSEA LA !IALF.ll\'t DU 26 NOVDIBRt J945
Lcs Couvcrnemcnti de I'Unioa Svd·Airicaine, du Commonwc:a.lth d'Aue.
tr&lie,dCuada. du 0:1ncm:ult, de 1a France,de Ia.Nou,-dJo-,e Iaed
Norvtge, du Roysu.mo-Uni.Et~tu.- d'nmbitu c ct dc.I'UnionR~pu·
btiq\tClaoc.i.c0Vihiqua;,
,. tu.
77 S4 Unittd Nations- Trtlll'l Stms 1947
Ha\i1g rati5cdoracccdtd to U.tProcligntdln Londonon26th NovtJ'I\oo
ber, 1945 (hereinafter caU!d ""The Protoc11,.) amendthtlnkmationaJ
A,gru:mmtfor the Rcgubtioll of Whal•igncm Londonon 8th Juac, 1937,•
u amended by t.he Protocoo( 24th j u.nc,J938,' and 7th Febru.vy, t944•;
Coasid<riothat11iJpoo.;dcdunder par"'npb (i)ol Article VIJJ olll>e
Prvtotuthat lhe Ptotoc::olahaDcome into forctittentirety wbcallthe:
Covunmenu rdtrred toln lht: preamble: of the Protocol mildcpo~ited
their instrumentl of ratification or givt:Qnonr~;ic.alio
Consadaing funher that ratificatiOMor acttha\'ebeen deposited oa
bctWfof aUthe OovcrumaN ~rcm: toin 1.h:reamble of thProt~ with
t.bca:ccptio n of the Govcm.mcntM~or and tlle Netherlanud;
Dtsirin&thatheProto scouldbe:brcxlght lfOrtiniu entiretwhlutut
!\wailing ratification by 1M Ccn·emmenuof Mexicoand the Nctherlwcb;
Have decided to c.ondudcSuppl~ca troroyol fotbilpurpose and
have agreed u fottows:-
Artid4 I
Notwitlutancling the provisiON of ~ph (i}of ArUdt VIII of the
Protocol. the: Proc.ocolatw:,~oo sipatureof tht pr«rn Supplcmf.rllary
P I'Qtocol,come into for~ch respeet lG~ tssigning the pracnt
Supplcmcnta.ty Ptotoci.mmcdi uptndaip.ature by th. .m
Artid# II
The procn t Suppk:mcnuzy Ptotoco1 lhaUbearthe dJttOD which.it is
openedfor ,jgnacutt a:adahrem1l1n opco forJicn•ture for a orr14da~
therca!ter.
IH W1TN'ISI W HER !Othe Ut1c!ersi;:d,ulyauc:boriKdby theirrespcctive:
Go\'Ct1WUIC!have .td lh.epracnt Supplanmu ..., Protocol, don.ein l...andon
this 3rd day of Mar<.b,194lna singlCopf,wbi.c.hth.U be:dC"pot:in the
archi ~f the Co¥cmmcnt of the United Kingdom and of wbich certified
copiea&halbe trarum1Utd t:alltheli.p.a.toryCovernmentt..
78 1947 Nations Unjes-RtcueiJ du Traitls
A)an tt"atiMlc protoc:Jilnll Londra k 26 octobrc 19~+' (ci-aprb
mentionnf50USJe nom de-"proto<Dlcmod.i tlicc~roiternational pourb.
1
~ ta:i doIa Cb).SI(:l~e. Jig n ~ondrc:l k 8 ju1n 1,37 mocillif
pu lcsprotooolcdu 24 juin l93$ ct duf~vri 1944',0:.aya.n~cfh_ adit
ptotocck.
ConsicU:rantqu'il esc prbru au para,1'Aphc l) de l'utidc V III dudit proto
cole:qu'il m tntfvigucurdansfo\lt$0 dbpositicw lonquetoualeGouvtt~
nancnu mcntionn&chnslc:prbmbu1t: dud1protocole a.urd.~ leu"U.
uume.nu de ntikation ou notifll ltur adb6doni
Coasidirant en outre qdo natU'~U tides dh&ionJ oat ftdtpc»&ot:
sv nom de tom lea Cow.-cmemc:ntamentionn& daM le pr&mbule duciil proto
colell'c:ttc.pddes Couvc:memcnts du Mexiquc ct des Pa)$-B»; et
Dbit-cwtde:mcttrc en vipcur !edit prole da.rlOUiel JCS ~
sam en auendre la rAti6ealion par Itt Gouvc:mcmcnta du Met des Pa)'t
Bu;
Ont d6cicWd:'~ta bCU:leflet un protOCadditionnde1 IOntc.onvenus
de etqu.isuit:
;htkh flr~ntin
Nooobsta.n1a dilpositioN du par-a(rlpbt: I) de l'ani clc:Vtll du protocok,
k:ditptotooolc entrcr'l en vlAUmoment de la&ipatutt du prfr.c~t
cok addidonnel. l'~g aerCdou\unm~ ayun linf ledlt ptot:ocolc.1ddi·
tionnel« au momt:ntmbne de:leur~ure.
Arrid• 2
Lc pr6smt ptotooolc add.itioanel po41cn la dlaqueUe Q c::OU\'CJ't
AIa ~tW'C etil rotcra ouwn lttdiet pendant un dBai de quatont joun
aprb ccttedate.
E.N rQI H QUOf Ia IJOUSSi.sU.mc:tnautorisa par leun Gou\-ancmenta
1
res~so. nt signItprbent pc-otowlc additionnd. i\Loncltcs,lt mars
1941,en unotmplairc unique,lcquclsera dtpolltda.atthi\'du CouvmK<
mtnt du Roy.tume•Uoitt des oopjCC'.t' U !to1mcsICt~t communlqu6el
l. tous kt Couvtmanmttliguau ~.ires
)l••••
79 56 United Nations- Tr•aty Serits 19+7
for the Government of the Union of South Afrit:>:
EugcocK. SCAt.LAN
for the Government of t.b< Comrnonwnlth or
Australia:
John A. BtASLEY
Subj«t to approval
For the Governmentof Canada:
N. A. RonR'I'SON
For the Government of Denmark:
E. R~VN ITLO\V'
Fot the GoV<mrnenr of Franec:
Je>n L& Rov
for the Gov<mmcnt of New ~d:
W.}. joRDAN
for the Government of Norw•y:
P. l'a.&lHUN
For the Government of the United Kingdom:
o. c. SARCV<T
'forchcGovemmcutuf theUnitedStatesofAmerica:
w. J.CA.L>l.U<
Subjecr to ratification
For the Government of theUnion of SovietSocialist
Republica :
c. ZAROUBtN'
8019+7
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p.,.lcOouvancmcnt du Dancmark:
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81Annex 7: Resolution on Scientific Permits, Appendix 2, Chairman’s Report of the
Thirty-SeventhAnnual Meeting, Rep. int. Whal. Commn 36, 1986, 26
1985-A f}(tenll2x
Resolution on Scientific Permit s
WIrrmBAS, Rrticla VIIIof the lnternatiorml Convention for the Regulation of Whalfrom the(>. exempL<>
operationpf thCom•0ntion the kil!langandtrt:atingwhale~in accorclancl$spe~iparmits isstrcd
by ContrnctiGovenunents, for the purposesof,;cient!tic research:and
W1fERiiAS PArRg.Tl3h0 othe Schedule providesall prop ospennittob.! revrewed by the Scientific
Committee:
THECOMMLSS!ON :
l. NOTES the dr.rfr!;hOuiopnoposedby Swedl:n undseooo~d by Switzerlaon the ~ubjtcof
scientifpenitsaodrcal~the~cussi oereon:
2. DECIDES ro setupQ workinggroup t~lrdlthis proposa'lanytrd~v ntmatterwitha viewto
takina decisia\ the nesessionotheCommission;
3. URGES any Contracting Governmentproposing theissueof scientificpennits in the intervcrting pc.riod
to taka~cou nttheseor~ oonccrns expressed in tlte Con at the possibility of whaling for
scientificpUip0n$theperiorcli::rtoinSch,ul~pamgmph 10(<\)assumingthe charm:tcristict;of
comrneroie)whaling;and
4. INVITESC..1t.cling Governmentoensu ,rat any whalingunder such permits isconductedstrictly
in accordanca wth sciuntific roquin:menls. and in particular to tal;:oaoc(>unandf 01eadvice
gu)deJinestheScientificCommitte<.!
1985-Appcnd.h 3
Resolution on Hwmme.Killing in Abo 1·~i: SuablistenceWhalin~
WlfGRHAS the Technioal Committee Working Group on Hun1ane Killing recommendeJ in 7'> thnt
Gov ~mmen stcttor~ueowasteand inhumanm~ttho>df.killing,
and WHEREAS.insome casC$cmcland inefficme~o1dscolllinuc to be employed, and remainlittle changed
from those inuse six yenrsag('),
The Commi.s,.ion URGES the . ptadoption of moreeffimethodsof killing whales. that reduce cruelty
and inltumanity, inarens whereaborigsubsisnd wtaln~ is practiced.
82Annex 8: Resolution on Republic of Korea’s Proposal for Special Permits,
Appendix 2, Chairman’s Report of the Thirty-Ninth Annual Meeting,
Rep. int. Whal. Commn 38, 1988, 28
1987-A ppcmdis l
Rrsolution on n rpublic ofKorea's Pro11osnl tor Spcrial Prmtit s
WlmRt:AS me lntemsrional Whahng C'omnussmn adopted "' 19X6a Resolu11onon Spec•al f01nnits
Soienttfic ReseaWCi3812S);
WIIERUAS theComm1s.~ hiocnnsideredthe ReportheSc1enuftc Commtuee (1\VCJ'J!)/4) ooncemi1tg the
researchprogrAmmesto becondut1edunder specialpennits;
WHEREASlhc Commisstontakescognizance ofArticle Vlll of the InternationalConvenuon tor theRcgulmion
of Whaling, under which the grbynany Contracting Goi!ernment to it$ nationals of a special per1·•1it
>urthonsirag the killing.oratrtment <1fwhales f<1rpurposes of scienlif,c research ·rcmatns the
ell npili)'f~ac Contracting Governme~xaci>- :siv~g;rncighl.sinrCl.tcor mari,~cal.ll.dor
itjund~iti ond the freedom ofthe high s..-as:
Now, 'IIIJ3FORE, theCommission
1\00PTS the\'icw that the prop<1scdrakeof Sea of Japnn-Yellow SS~n,tock of minke whnles
unuer sctentificremut hy the Clovethe~epul:lhcof Kor~sdescnbed tn SC/391do~'not S>ttisfy
the cnterin set forth 1986hResolution on Specull Pem11tsfor Si ResearcUlthat Iha~n;!
conlribU(edinfom1ationwhich will answerany signilicant managi;m,nt lJllC5honsand notpropos<.-tdaKewill
nlAterinlly(ncilimtemeconductof theComprJ\s.~essmtn:l.
RbQlJ!iSTSthSecr~t lasryoli!)<Gov~mut eftteRepuhhcorKorea, Rnd
RF.COMME'I.'DtSo me Governmentof the Republicof Korenthat it refi:~-rowrrnvg.especial
f>I'TlS iiS031tonalsfortheconductf¢;c!ar'{Qgr'dJTdCl!Cnt't·dCIW 0 'i
83Annex 9: Resolution on Icelandic Proposal for Scientific Catches, Appendix 3,
Chairman’s Report of the Thirty-Ninth Annual Meeting, Rep. int. Whal.
Commn 38, 1988, 28
1987-A ppendil:3
Resolution on the IceJandiPJ'OJIOSaFor Scientific Catches
WHEREAS thit International Whaling CommiSSion adopted in 1986 a Resolution on Special Permits for
Scientific Research (lWC/38/28);
WHEREAS theCommissioo has constdered !he Report of the Scieotific Comminee (lWG/3914) concerning the
researchprogrums to be conducted under sp¢cialiis recognisedthat the sighting b-urveyclement of
thecelnndir~eah progrRmis acceptRble and commendable.
WHEREASthe Commission takes cogoitancc of Artiorthe International COnvention for theRegulation
o( Whaling,underwhicthegranting'byany Contracting Govemmum to its nationalsof a spe.cialpermit
authorizing the killing, taking or treawhale ~orpurposes of scientific reseRrch remains the
rasponsilityof each ContractingGovemment, e.xe:~overgrehtginr~p.eof maritime areas under
itsjurisclictionand freedomof the high seas;
Now.TfUJRI'\FORI.l,the Comnussion
ADOPTS tho view t.ha1the:proposeof1lin"_<am.lrninkc whales untlcr·special Jt:scnnlib~d
SC/37/021) :md as modified in SC/.38/Prog. Rep, fct1Jlsatisfy the criteria set forth in the 1986
Re~uotlnon SpecinJrei~ fmScientifiecl{e!;a<r!oh.
RECOMMENDS thatthe GovcmmenlofIceland revoke ami refrain from il pcmurtoits nationals
for the conduct of the resenrch program described in SC/37/02rt and as modified an SC/38/Prog, Rep, {cel:and
until the unc<ll'ttleini~inlthe Scientifi. mitte.e Report (IWC/39/4) have bee,n re.;;olve(i to the
~ntaictrionthe ScientC.m.mo~t.
REQ!lli 'I'Sthe Secretary to notiJYdte Govenunenl of lcelnnclaccordingly,
84Annex 10: Resolution on Japanese Proposal for Special Permits, Appendix 4,
Chairman’s Report of the Thirty-Ninth Annual Meeting,
Rep. int. Whal. Commn 38, 1988, 29
1987-Appendix .J
Resolution on Japanes(•Proposal pN~ia lermits
WHEREAS the lntem.ational Whaling Cootmassaonndopted iu 1986 o Resoluuon on Speci3l Pennits for
ScientiR~sea (1chI38 J8);
WHEJ:UiASll1e Commission has consR~poerrthtSc•~nuCfmnmme~(1\VC/39/4) concerning the
rcscnrch programsto be conductedunderspecial pem1its:
WlllliWAS the Commissiontakescogni7.ancVIIof the lnlemRtional Convention for the Regulation
of Whaling, under whtch tnc gmntiog by any Contrnclto1~n:Oli»~of a special permit
authonzmg thkilling. taor treatmettt of whalpwpo~~ of scicraitfic rremainsthe
re~>11loibife.nch Contraotil'\gGovemme11t.exercising its Sov,,nw itimeAreasWiderpect
il•jurisdictionand freedomof the highseas:
Now. TIHlRf)FOtheCommission
ADOPTS Ti~lllEW that the prqposed take.ollmihspeM1nh Whalesnnd Sperm >Vhael$under
the proposed rcsprogrdmas dcscrilx:d m SC/3910 4 u01:snot satL,f)'thu cntcna &I oul m the 1986
Resolution in Special Pennits for Sciemiric pro~d r~arc thoes not appear, on present
informationhestructuredsUlcontribute info~s.~en nrmtinnlmtlllng o~mh~olcand
thathe proll<>'i"tdake Jeaa.t~t1-agmateriallyfAcilitatethe CamprehensiveAssessment:ond
R.EQlffiStheSecremryso to not(j~.nuneoftapan: I!U'lU
~hCOM' i-.Sfie Go\'emmentJr.pto refnun fromtssumgspeeanlpermttsto rtsnw,,l)gs forthe
of such whaleswukr theresearchprogramdcscnbcd in SC/39!0 theSc1cntiftc Comnuttecis
ahle 10re.o;olvethe senous WlCenainnesideni.Jiiedin 1tsdiscuss1Cr<:.~teetocshapahiltty of the
propostd to contnbut<.slur~habeleultneed~ fr the Compr.:heru;iveAss()r for ()ther
C!ftiically imr~scahnrcled~
85Annex 11: Resolution on Norwegian Proposal for Special Permits, Appendix 1,
Chairman’s Report of the Fortieth Annual Meeting, Rep. int. Whal.
Commn 39, 1989, 30
1988-Ap(tendu I
Resolution on Norwegian J'r·oposa) for Special Permits
WHEREt\S lh&Inturnational Whaling Ctm1mauopteuin1986 a ResolutionSp~ci Pt-1il.llfor
ScicntillecR,-(IWC/38128and in 1987 a Resolutionon ScicntilProgm\mm~r(Rep. in WlwL
Ctmmm 38: 17);
WHEREAS h~Commissionhas ct1midcrouthe Report of the Sctcntifir:.Committee (TWC/40/4) concerning the
rusr.;pr~{amme o b~conducted under special permit;;.ltnd re.cognisl!sthat th( continuation of sighting
sutveysof theNorwegianResearchProgrnmme wouldcontinueto makenn imporranrcontribution to knmvledge
onh~distributionabund: olnhc~s in the Norlheast.b;tlanticencoururtegie~lementatioo
ofthprot~cdtaling withnatural mar!OngstudiesMeltm<mlofpaJvic,acow;ticmethods:
WIIERllAStlCommi:;siontakes cognizance of Altide VIII ofthe1nternationalConvention forthe Regulation
of Wh.aling.IJI1derwhich the gtanting by any Contr&ctlng Government to its n.ationals of a special permit
authorising the killing, takieatment of' whales tor purposes of scientific research remains the
rusponsibilityofeach Contractin,;Ge."eninclssO\'crllignrights in respectamam~nderme
itsjurisdictionAndfreedomof the highseAs;
~ow.THEREFORE,theCommiliSion
OONSlDBRS; !likinginto account the comments of the Scionufic Committee: Lhnt the proposodkill of minke
whaletollic North Atlantic under the researchprogramme dcscnbcd in SC140&1i7doesnot satisfyeachof the
criteriaspecified in both the 1986Re.solution on Special Pennitsfor ScientificResearchand the 1987Resolution
onScientiR~scrahProgrammesinthat theproposed researchis notstructuredsoas to contributeinlon11atoin
essentiAl for rational marmgemesto~nkd that the proposed kill will not materially facirlitate the
Comprehensive Assessment,ami furllicr tl1atiLbas not been established that the proposed research addresses
critically important research needs;
1.HQliESTSthe SecretAryto informtheGovernmentof NoinJglycorC
86Annex 12: Resolution on the Icelandic Proposal for Scientific Catches,
Appendix 2, Chairman’s Report of the Fortieth Annual Meeting,
Rep. int. Whal. Commn 39, 1989, 30-31
1988-App"ndix :z
Resolution on the Ieelnndic P1-oposal for Scientific Catches
WTIT.iRT.ithe lnternntlon.al WComn1iisiaJopted lo 19g6 a Resolution on Spec1al Penn1ts. Ear
St1entific Research(1\VC)nd in l\l87 a Resolution on Scientific ]{ese(l?h npW.ha4lii\Jes
L'umml38:17);
WllliREAS the Commission has considered tlle Report of the Sci.entificCommittee(IWC/40/4) concerning the
research programmes to be conducted U!lderspecial pem1its.and itis recogxtlsedthat the sighting survey of the
lc~lacnRdsearch Pre>gremfw;made an imponant contributiknowled gfthe distribution and
abUJ)nce of whalesin the North Atlantic:
\VIlliRHAS the Commi.<;.<;itoankes cogni7.anceof Article VIIIof the lntemationai0Jn\'ention for the Regulation
of Whaling, under which the granting by any Govem Lllcntits nationals of a special pe.m1it
~uhoirsngthe killing, tal.-:ingor treatmentti1rpurpso~or scientific rcscorch romams the
responsibility of each Co(}ovem~ntexercising its sovrighinespect of ma.rltlmeareas under
it•urisdictionfreedom of the highseas;
WFffiRF.ASnt the 1987meeting the Comadoptot~dv~w that the proposed finsei and minka
whalesunderpecialJ>em•it did not fully satisfy the crit19~a6.:solutionon Specil\1Pe(ltlil•
for Scie-ntificResearch and recomtuended that the Oovemmnd revoke and refmin front lssulJJg
special pennits lo ils nahonals until tho uncertlh~Sciontific Committl'OReport (IWC/39/4)
had been resolved to thesatisfactinn of the ScientificCommittee;
\>VlJlilWAS the Government of lcelRhdhosahnoUJ\cedits iis~npecial permits to take 1\linke
whalesas doscri1SC/37/0 30and modif n~Sd/38/f-'rogRopJcdand:
Now. TllEiiFORE, theCommission
CONSIDERS; taking into accouncomm~n fsthe Scien'til'icCommitlf.ll"in 1987, and 1988; that thl'
propose~ke of fin and sei whales under spooialdesarit ibSCd/37/0 10 aa~ modified in
SC/38/rogP'RIepand does not satisforthe criteri!l spe<:iflhd~986 Resolution on Special
P~m1i ftrcieotilic Research and R~solv87tniSocnienRe.:rhProgrammes:
R!!QlHlSTStheSecretary to infonn them1entot'lceJand accordingly:
JNVJTES the Oovemmenl of lceland to repon in writing to the Commission in 1ibytheor considemtion
Commissionat its 4AnnualMeeting.
87Annex 13: Resolution on the Issuance of Special Permits for the Purposes of
Scientific Research, Appendix 3, Chairman’s Report of the Fortieth
Annual Meeting, Rep. int. Whal. Commn 39, 1989, 31
1988-Appendh:3
RL'olutionon thlssu:\Ulot'SpeciaPl'-l'it
for the l'urpoSt'sof Sde Rl'-aSrh
V..rt~AS ii:desirnbleto ope.mtewithintheannuli]CIJ!eunarof the lntemation»l IVhalingCommissum andof
ilScientificCommitlea and thatcitcunrm~1Lb<p:rocedure for oonsiderntionof specialpermits for
ilie purposeso[ scientififor themto be considered by ilieScicnbfic Committee and withits reportby
the Cou•mission audinterses m.etnossauld nom•ally be avoided and called only irt e;xcept.ional
circumstanoe.s:
WHEREASthen: is no clearprocedure for theconsidcralion ofreportsietlon t rcsuItscComm
of in1erscssiona l n1eetings called to considtlr special pem1lts for the purposes of sciendftc research and
I'URTHE-RJVlORJ:iit is not the generdl practice of the lWCint~sislllmea~gisof
Commi~sioncrs:
WJIER.EAS it isa resl)onsibility fora tohave clueopportunity to considerand discusswith one
snothdr the outooth ~eliberatil'nsof lhe Commttteo~aUmatiNs. and in panicular on any
proposals forspc.cialpennits for the purresceh;f!leientific
NowTHEREFORELbtCommission
RECOMlvlENDSthat followcon.r~iodof any special pormit(s) for thepurposesof scientific rcscMchat
any intes.snlmeeting of the Sctentific Comtuittee. the Contracting Qovemq)enf(s) respon.,ible for the
proposed spo..i-uclpe.rmit(s) re.fmin from issuingany sp.,cial pomuit undatof e expiry ofsixty days fromthu
ctrculation of the report of the meeting, to giCommi~sihsfnicient time to consult w.1th
iliconl:r!lGovernments inorderto reachadecisionastohow theCommissionproceeds.
88Annex 14: Resolution on the Icelandic Proposal for Scientific Catches,
Appendix 1, Chairman’s Report of the Forty-First Annual Meeting,
Rep. int. Whal. Commn 40, 1990, 35
1989-Ap(lendb I
Resolutionon the J('ehmdk Pro(losal for Sricntifk Catdll' s
WHEREASat the 1987Commissionmeeting,the C'omnussionadopted the view that the proposedtake of fill..
seandminkcwhales underSpecialPermnotfullysatisfycriter finbinthe 1986 Resoluonon
Spectal Pennits for Sctentific Researchand reco,(lov~rrdtweldand revoke ar~frain
fl\1mi5SuingSJlecial Pitn~tionalsuntiuncerta iientfdob~the ScientitlaCommitteereport
(lWC /39h~lhd~enesol tvhdsatisfactionof theSctenllfic("omnlittee.
WHEREASat the 1988meetingthe Commissionconsidarepropo t~akeofinand sci whales'Under
special pernut did not sallsfy each ofthe criterial9R6Resolution on SpPermt fr~
So~nif iesearchand inl91nf{esolutiononScieRe~eMP crho&mmm no~i.vitedthe G.wernment
of Icelandto rerort inwntCoJtti~onJOlt!lie forcons,derationbytSS1Mtt'l1st Anoual
Mu~ting;
WHEREASthe Governmentof Iceland in 1988reduced its take of fin wholesfrom 80 to 68 and 1tstake of sei
whn1erf.romh110.andmodified its progrnmmeto impmvetlhe componenthe ,nmplitl&ofknll,
and to implementth~p~cierctcmet\dations of the SCommttte(~Atetdnon-lethasrls~s
ct>olmnedin fWCJ40/4,
WHEREJ\S the Governmentof Iceland hass[Ireport(lWC/-11124)as invttedby lhcCommissiOn,and
thihabeenCOJ\Sid~rold.
WHEREJ\Sthe Comnuss10n ~'OilS ihdcrpndof liteSctcnComman 1\VC/41 4) concerningthe
l't'SCWrohgrammestobeconducted undrrPdrrn1ts;
Wlll.iREA~rnotoldby theScieCommnii~eth~celnndics1ghung$programme.w~ind.!pend<)f
the f>rogrammewhtch rc:quiresSpecial Pertuit<>h.as made M tmporttheC"omJXehenstVeo
A..:;cssmentin tcnns of knowled2cof the diStributionaSCIand mmkc whalesin lheNOflh
Atlanllc, and willtodo;;t.oughthe 1989Nonh Atlantic.Sig/lhnt;;survey
WHEREAS the C'ommts:<~Iises that lceL'lndhas unden1lesoorch programtna detailed
manner.
\VHEREAS thG~(lllerrunent ofhalconvt'yodimt~nl nttoUISUSP\"cialpermits to take minke
whal asscscnbcd in SC/3710 23 and as modifird m SC/381Prog.Rcp[ccland.snd hasdctcmtincd that,in light
ofh~prog ~oets.esearchconductedto date,the furth:owhalesin 19891snot necessary:
WIIEREASthe Covemmentof Icelandhasnlso Mnaunt:tedin IWC/-11/0 S Iceland thnt its researchprogramme
no:;riJl,'Itoda stag\\whcrr Jcciand will not~rscinticpirpos():)in 1990nor do,'Sit lrJve
plum;It>do so m the years following,and that (h.: Govmtcnelocontinue only non-lethal
llSp~ cris~programme, involacivit wie~h the Sci.mtific Committee Andthe Commission had
encouragtnthpa~;t
NowTHEREFOREtheCoumtis:;ion:
INVlTf>StheGovernmentof Icelandto reconsidert!keof fwhn~sin l9M9underSpecialPermit.
m the light of the criteria specified in the 1986 Resolut1onort SflccialPemtit.sfor Scienltlic Resi!Rrchand the
1\187 Resolutionon ScienbfiPrograutmesandthecommentsof theScientificCommittee.
89Annex 15: Resolution on Norwegian Proposal for Special Permits, Appendix 2,
Chairman’s Report of the Forty-First Annual Meeting, Rep. int.
Whal. Commn 40, 1990, 36
1989-Appendb: 2
Rcsolutlon onNot·wt•ginnP1'0posalfo1·Special Pc.rmits
WHEREAS the [nlcmational Whalmg Con1mission adopted itR,-solution on Norwegian Proposal lor
SpecialPc11ilts (Reo.iwCammn 39:30);
WIJERI1ASthe Com111issnoacons1deretl1Repon of the ScientificCommittee (IW0/41/4) c nceming the
re~m· crgrannnetobeconducteunderSp.:c1Pem1iis:
WHEREAS l~Commission appreciates~[frtby Norway in n:s.:archon whalinvs~igia<of their
habitat which do not involve !he taking of whales; and alstothe Comprcht'Jl\::;;;cstm.m
through sights sruyeys which have prmr[ded rutd Will continllimpornt~information on the
di')rlibutionandAbundance of~ndother wm1lesin the North Atlantic:
WHEREASthe Commission takes cogm2anccof i\rliclc VIII of theInternational Com•c.ntion ror theRegulation
of \Vhalifl£ounder which the granting by any Cont.ractingGovonunent to itSp~ialPt1mitof a
antborisithe kiJii.og, tAking, or treatment of whales for purpose$ of scientific research remains the
responsibilityofeach ContractingGovernment, exercising itsS<resp.:of maritime areasunder
itsjurisdictionand freedome highseas:
Now, THEREFOREtheCommission
RHC0l N~lSIJ'lGthat thescientii5notunaniou~~hut
T/\KING JNTO1\CCOUJ\'Tt.hecommentsoftheScientificCommittee (IWC/41/4),
CONS lDI:'~Rta:t)e proposed tAkeof o•inke whales in the North Atlantic onder the rey:ru·cn programme
described in SC/41/NilMil:! does not satisfy all the criteria speoified in both the 1986l {esolution on Specia'l
Pennits forientific Research and the 1987 Resolution on Scientific Research Progrs,,nmes, particulru·ly in that
the proposercsr~ch is not adequaldy structured so as to contribute to or ruatcrially Jbcilitatc the
Comprcn hsivAessessment; neither hb~cin:stablish"d that the proposed rc'Scrach addr<>sselc>ritically
important research needs:
ru1daccordinglyINVITJJe Government ofNo f'vlay to reconsider the proposedtake l1')9S'1 whales
untlcrSpeCialPcDllil.
90Annex 16: Resolution on the Proposed Take by Japan of Whales in the Southern
Hemisphere under Special Permit, Appendix 3, Chairman’s Report of the
Forty-FirstAnnual Meeting, Rep. int. Whal. Commn 40, 1990, 36
1989-Appendix 3
Rl'Solution ondw Proposl'd tnkl'b)'.JapanofWhales in
the Southern Hemisphere unde•·Special l'em•il
IVHhRh.ASthe Comnnssmn inadopt a~dso1uuonrecommendingthat \he Government of Japan refrain
fromi.~susinil pe1111ilfSor the wking of whaleproglll tnti;uoh ume as the serious
WlCCrtamties identified ill the Ri'r>onof the Scientific Comminccc Spcc•allvleetingportof 1l1
Cnmbridge19~7werresolved;
WHERI:iASthe Commission con~;ue teeuports or lhe Sc•enhlic Comminee (lWC/3~I>. Repon
SJ>ecial Meeting Cambridg.: 1987, IWC/40/4 und l\VC/41/4) cds~origbnS!rd9/V 4,
tncluding tl•e 1111provemenstspecifin,to be conducted underSnectal Penuil$;
Wl!GIWAS theComm~ion reC(lgllises the important oontthtOovermn¢nt of Japan to the
dcV<~ mcmtpfnon-lelhalwhal<!population 1¢\hd~:~p~ci torughs1ghunsurv¢ condttcd
unuor tile lWC!llx:R proorSoutheHemih c-r~ inke Whuf\J;:;eC sr~1~n~t~g the lasl
decade.
Wllli1U:ASlheCommisstak osnizanceof Article th.t~lm:tt i nvenil'n for theRegulunon
ol'Whalir1g.under th~granting by any Conuac..miovnctoitn~t1nalo~R Sp¢ctal Penni!
authorisithekilling. takintreatment of wllale'urpc o. cittsic rcl$or'~mai t.s
rcsponsibilityofeach CoGov~mmcngntercisingits &wonghLSinrespector maOlimeareasl.lllder
iJUn$dlctionafre~dofthe highseas;
Now. TllbRfiFOR,EleCornmassion
ACCEPTINGthat the Scio:nnfteCommitteewas noIll liS ofthresearchpronJ3mmed=ribcd
in SC/39/0 '1.includingtheimpd~scriibSCI.ti /SHL\1113fl"iC /41•4),
CONSJ.D3Slllathe programme OO<!nsot fuUysattsfy tho:crntho\hth1986 Resolutionon
SpeetalermiforSoiennfR<'seurchand th.JR.-sohnaon S~'len Rtslrchtrogrammes. morr
partacularly m that lllc pr<lpOS(dresearch is not structllred to pr:mydeXJStingonSlrate that
methodologycan solve the problemsor sausfy the objectives which hnvc been set. and tllereforethe proposed
research does comributc infomaation csscnual for rntiooalthestock. neither will the
propo saeof mmkewhales thS~outhJ~memtsp mll919~X"uInc.lerSpcc1alPermIImatmally racllitate
theompr~he ru<'im<L nor has it be.~tab lhtiI<p~ropo roidearatklresses oritk-slly
imponant researchneeds:
11\'VITESthe Govcrnm.,nt of Japanto rrC~:esprgrum1ncin liorthe c1iticisms based on the
Ahove-ment1onedcrften!J.
91Annex 17: Resolution on Norwegian Proposal for Special Permits, Appendix 1,
Chairman’s Report of the Forty-Second Meeting, Rep. int.
Whal. Commn 41, 1991, 47
1990,Appcndix 1
Resolution on . ·01·wcghml roposnl for SpeciuJl'crmits
WHEREAS theInternational Whaling Comm1S1iionadopted in 1988 and 1989 R.:.11luotions on tho Norwegian
Proposals fS~ciall' Rmetint.tlwLComnm39; 30and 40: 36).
WHEREAS theCommission has considertheRepon ofttJ.,· Scic,ntific;Commitwe (IWC/42/4) concerning the
msoareh programmesto be conductound< Spooi:ll P-.m,ils; and not!/< that the Scicntillluyc-r.u;le"
oonfinccl its comments to new point:; n•iscu. whik tllCon1mission to its dttaillld discussion on the
"Notw~g ipcnal P<'mpropo Istt~'4l~Annual Meeting;
W'REREi\S the Commiss1on appreciates the eflort by Norway in research on whales and invsst.(gation or the.it
habitat which dt>not involverthtt taking of whal,'S; and panicularlycsspn~ilcontribution to the
Compreher ~ s,V,eentprovodebythe si,gi>L;urv~ cosducteby NorwAyin !989;
WITEREI\S tlJs Cqmissit)n takes coo.,nizanceofArticle VnT of the !ntematiofQIthe ReguL1tio~
Whaling, und••rwhich the gmbyiany O.mtracung Govemmont lo its national$ of a Spcc.al Pcnnit authorising
the killtnllll;UQltreaunel'\l or whales fur purposes of scienti\ic research rewa ins the resp<lnsibility of each
Contmctmg Govem m<nl:,t"O<<rcii~nsov.,-cign riginf"'ip<ICtof maritim< aren$ itjuris<liction and
freedomf the high se>ls;
WHEREAS the proposed take 199l) describeSCI-421Nlllv!s10be limited to five whales, and, tQcording
tbc Report of lhe Scientific Co·~plane, nemly to complete sh,Jdiesoonductt'<iin 1988-89;
"Now.TfffiREFOREi lhContmis~ion
C01'- SIDURS: mking into acco!lnt the comments of tha Sco miltdOWC/4114 and!WC/4::1);that the
prop<>sedtakentinkewhale'inlbeNotlh Allan(ic Wl01ere~ea progoon1medescribeinSC/4J/NlltvfiJ2
and SCI421NHMi2fl doe" nol satistY all the crirena spaciliad in both the 1986 ResoP~mtitfsr Special
Scientific Research and the 1987 Resolotion on Scientific Research Programrnthat the proposed
fesearchill not adequatdstnJch,Jreda.o~o controbute to or materifacili tt< om pletion or the
Compr~heu eAisessment neither has lt been established thllt the proposed research addresses crfticslly imponant
r~seh aree&.
rNVITUS lhe Government ofNo rway to reconsider the proposed mk"eof minke whales in I990 under srec)a l permit,
m the light of the above conclusions.
92Annex 18: Resolution on Special Permit Catches by Japan in the Southern
Hemisphere, Appendix 2, Chairman’s Report of the Forty-Second
Meeting, Rep. int. Whal. Commn 41, 1991, 47-48
1990-.\pJWndix:!
Resolution on Special Pemut Cutdtes by .Jnpan in the . outhent Hemisphere
WHliRUAS the Com!lliss10nhas comide1 RcPQrtof 1~:ICrJICJo£m111tI~WC/4~4concemmg lhe
results lhe Japanese catches of minl111the Southern lleJ\Id~scnb1e11dSC'~SIT~I,Jt28
propo!>edca111990191d.:scnbed in SCf42fSIIMi9,r,e~nsesIn SC.421SHM19of the Govemruent of
Jap~ tnearllercrilicJ$ms of the research programarisoC.momicll'rpons (lWC13914; RePQrtof
Sp.-c1alMeetC'mabridg87. 1WC/014 and IWC/411-l);
WllJ.iRilA:Coru~ mt1 enognises the imporlant conorh~Gov~mmcnt ofJpan toth~evelopment
of non-lethal whale population assessment method<;espccin)ly through sightiru;s swveys conducted under the
1\VCILOCJ{ programme o[ S<uJlhem Hemisphere l1iA~:sWmcsnl ru1scs: and lh•Lthc Gnvemmenl o[
.l~p a,>ugh illvMous m<>dfiications to the ong1n"l research programme, mcludu1g t111seoutlined
SC'-il2/SHMI9, has atteaddrd ~hssoncerns it:.-bytill•Sctenufic Comnunee m 1ts reports;
NOTINGlhatthc Sc1cni Commince was nol unammous, it md1II$ I'Cttcouldnot 1dcnufy changesm
IhePIO!:\I"4mheJch negatecriticismsans1nprev•\hrpo~1sof the Sc.emtflcComnuttee.
\V]Jj~S the COmmissiontak.;s cognisanc.:of Article VI[)of th1!lntemsllonal Convenllon for tho Regulallonof
Whulmg, under wluch lhegranting by any Contraclmg Govc:mmcntto Its natiOnalsof a spccml pcnmt aulhorising
th" kllhng,k:Jngolr~atm oewnal.:s for pwpos.:s of sc1enufic rts.:Drrcspon~1fllobi!ch ty
ConlnltllJ\: Go\"tmmenl. cxcttsovereign nghtsrcspe o~:ant1rne orca., tisJUnsdJct1onand
fr-.lorn of lho!lugh seas,
Now, THEREFORE. theCommission
CON:)IDERS, takmg mlo account the comments of the Sc1entlf1CComthepr11p0<;etdake of mmkc
whales m lhe Southern Hemisphere de.scnlx-din SdcJonul fu~llsl te'a11enn spcc1m bolh
the 1986 Rcsoh.lbon on Special Permits fur Sctcnulic Research and the 1987 Rcaolullon on Sctcnltlic Rescaroh
r~omme. m~thnt the propos<'dr=ts not structured ao 3s tc contnbutc onlommnlh~mt10nalnlto
rnMugcmcnlorth~ "10Ckst.hotheresearch addresses :Lhgcncml rcs<:nhee,d~
JNVITES the Government of Japan to recomoderthescIarch under spcc1ol pcmnt mithe light
ofth ~lxwc.
93Annex 19: Resolution on Special Permit Catches by Japan in the Southern
Hemisphere, Appendix 2, Chairman’s Report of the Forty-Third
Meeting, Rep. int. Whal. Commn 42, 1992, 46
1991-Appendix 2
Ucsolntionon SpecialJ>c.nniCatdtc s by J·apnn
iu the Southem Henlisphc.t·e
\VHEREAS the CQmmission na$ conside red the Report of the Scientific Committe.: fWC14314 concerning l)lo
re:~ ru!1he Japanese catches of minke whales in the Southern Uemisphere described in SCJ43/Mi1I, tile
proposed catchin 1991/92 descri bed in $(') 43/Mi19oses 1nSC/42/ST1Mt9and SC/43/!v[i19 of the
Govenu11ent of Japtoearlier criticisms of the resear.:h programme 1lrising iCommitte.:':;fic
rej)Or(lWC/3 9/Reporof Special Meeting CaJJ1brldgJWCt4tJ/LWC/41/4,IWCi4f4);
WHEREAS the CommissionhaencouragedComractingGovernmentsbase theresearchprogrammeto the
maximum exten t possibh: on non-letha (Rep1'nWhal. Commn 42: 70) and the Governmen t of Japan
has made important contributions to the development of non-letha l whale populat ion assess ment methods
~specill through sightings surveys conundtr~the JWGnD\'Rpr~ramme of Southern Hemisphere
1vlinkt WhaA;,-:1on~Cnui:;cs:
WHEREAS the Gove rnment of'JHpan, thmughvario muui!ioHlions to the orrese~p trgchnm~,
inc1ding those outlineSCI43/Mil9 . hanempted:tooddre te concernsexpressed by tScientific
Committeein its earlierreports;
Wlill !U:AS the Commissiontakes cognizanceof ArtitheinternationalConventionfor the Regulation
of Whaling, under which the gran ting by any Contracting GovcnuJJenl to its nationals of a Special Pmnit
authorisinth~killing, Inking, or treatment of whales for purposes of scientific rMearc h remains the
re,,onsihi lityof each ConlraolingGovernmentiLeovereignrighls in respect of'l!l'eunder
ilsjuri~ni nicftdom of the lrsea~s
Now, THRREFORE, the Co01111isison
CONSIDERS; taki11ginto account th<!con1me.nts of thCo1M11i~tfhathe ptoposed take of lllinke
whalesilthe Southem Hemis phere desinSC/43/.Mi19does not fsat.isthe criteria spcc ificcl in both
lhe 1986 Resolution on SpPermit~or Scientific Research 19~ 7esolution on Scientific Researcb
Programmes in !htlproposed research is nol stn1ctured so as to contribute inforrualion presently required [or
the management of tstocksthoughiaddresses gener~JSe ner.sh
lNV ITES the Govcrruncnt or Japun to reconJiider the proposed researc h t.UJI.rksp1.1iacl pcm1ilin 1991/92 in the
lighlofl he above .
94Annex 20: Resolution on USSR Proposal for Special Permit Catches in the North
Pacific, Appendix 3, Chairman’s Report of the Forty-Third Meeting, Rep.
int. Whal. Commn 42, 1992, 47
1991-Appendh: 3
Resolution on lJSSR Proposal for Special Penn it
Catches in tltcN011b Pacific
WHEREI\S the lnte.rruniWhalingCommission adopted1n 1986 a Resolution oSpeciaPcm1its tor
St:ientific ReseHrch. inLpWhat. Cunmm 37: 2)) and in 1987 !t ResolULion S~'i recRteiseoh~
Program mes (Rep. in!. Wlml. C()mmn 38:27);
\Vi!ERJiAS the Commission tacogni~ .fAnicleVIII ot'the Internationa lConvention for the Hegulalion
or INhalingunderwl1ich tl1t1granbynany Cont.ractiGoveounent to its nationals of a special pennit
nulhons ing the killing, taking or treatJnent of wholes for purposes of scient[fic research remairu; the
rc:;ponsibility of each ConGovernment.exercising its sovereigm n;;~;ptf maritimar~aw1cl r
itjnrisdictionandfreedomofthighseas;
\VHEREAS an ",;:;ss ml o'theW..-storn North Pdci{ic o[ominkc whales undetheComprchunsivc
As~esst hasbeef\lndcrtilken at the 199) meeting of the CoJnnt-_lithce ~howed that wha les
fmmn Pcmeated StocktheSc:a()JaptmYe-llmSe, EastChinaSeaminke whale stouk.mightheUak.,th~
Okhotsksea;
WHEREAS Artick VIDof thConventiorequireinfor alaContractinGo1•cmcnt to repoatoncetothe
<:ommissionauthorisations ofspecialpcnmtgranted;
Now; THEREFORE , theCommiss1on
C'ONSlDERS: tskin_gin8CCO\fftheC011)1))Cof the Scicntitic il\:~\aLt~ propos.:d orlminke
whales inthe North Pacific described in SC/43/011 does notheoriteria specif ied in both U1e 19!!6
Resolutionon Special PernJits for Scltmtitic Research and the 1987 Resolution on Scientiflc Research
Programmes inthat the proposed researchisstructurso as to contributeinformationessentthe to
rational management ofthe..;e stocks anhasnot beee~t.l1sh ehattlJresearcaddresse11portant
researcneeds;
RF.QUESTS the Government of the Un.ion of SSodal iesublics to tefrain from r rcwi~:theg
proposctl kill of minkc whales until the proposed rcseareh progr.ammc is revisctl in aecordancc with thc criteria
specified in th!! 1986 and 1987 resolutions and the Scient.[flc Commiission hnve concluded a
reviewoftherrogrammensrevised.
95Annex 21: Resolution on Special Permit Catches by Japan in the Southern
Hemisphere, Appendix 7, Chairman’s Report of the Forty-Fifth Annual
Meeting, Rep. int. Whal. Commn 44, 1994, 33
1993-Appcndix 7
Resolution on Spl--ical Pcmut Catches byJap;u1in the Southcnt Hem.isphc.n•
WIIEREAS the Commission ha.sconsidered tile Reportof the :;cienufic Committee JWC/4414 c.1nceming the
re~ul o[sc Japanese catches mmke whalesinthe Southern Hem1sphcre dcscnrnSC/45/SHBaII. T2,
13, 1Hnd15, thproposedlmtch 1992193described SC/44/SHB14.RnJth~responses ot~Government
ofJapantoearliercriticismtheresearchprogrammearisingintheScientificCorumiuce'sawc /39/4;
Reportof SpecialMeeting, Cambr987~IWCJ40/4, IWCJ4114, I\VCJ4214,IWC/4J/4 and IWC/4414):
WHEREAS thc.Commission has encouraged Contracting Governmeb:seUicirresearch progrdiJJmcs to the
maximum extentpossible on non-lethalmethods ([tep. inc Whal.Commn40: 70) and the GoJapanent of
bas made important contributicothe dcvclopmeot of non-lethal whale popuassessmentmethods
especially through signli_Jig$surveys conducted untler tn<!IWCIJIX'.Rprogramme of Southern Jle(T!i$ph<:r"
.MirikoWhale As.sessmont Cruises;
WHEREAS the Govenuuen(of Japan throughivarious modificationtheoriginal research programme,
icluding Lhoseoutlined in SCJ4a10 hils attemp1:0address the o<mcernrepssetl by the Scientific
Com.mittee inits earepo~ rt:;
Wlli!RBAS the Commissionlllkes cogi ceof Arti.ole Vlll of the lntemntiolllllConventionfor the Regulation
of Whaling,underwhich the grantiby anyContracting Govemmetlt itsnationals a Specialf>e'l
uuthmisi11g the killing, IRkinreHm~tntof whales forpulOlS~ sf scientifreseftrrm~ains the
responsibilityofeachContractingGovcromont,exercisingitssovereignrights inrespect ofmaritimeareasunder
it~risdictiandfreedomof the highseas;
CONSIDERS ; takingintoaccounttl1c commemstheScientificCommittthattheproposetakeof minkc
whalesin the Southern I-temispht\Tcdescribed in SCI44/SJ)Rl4 does not fully sa~-pitU!itl.riteria
both the 1986 Resolution on SpePemi~t for Scientific Resenrcb and the 1987 Resolution on Scientific
Research Programmes in thallh c proposed ntsnot structured so contnoulinlormation prcscn(ly
required fothe managemetof whaling in these areas on~-pec tiou,h 1t addressc~rta rens~arch
aced ;.~
INVITES the Government or Japun to rider thu propo:;edrch UJlk(.r spucial pcm1ilin 1993/94in 1.\el
lightofthc al;>ov.c
96Annex 22: Resolution on Norwegian Proposal for Special Permits, Appendix 8,
Chairman’s Report of the Forty-Fifth Annual Meeting, Rep. int.
Whal. Commn 44, 1994, 33
1993-Appt>ndh 8
l~Soluti oo norwcgill!t Proposaf()JSpccinll'cnn.if $
\\iJffiRBAS the Commi:>sionjakt-s of Articl<tVIII of the fntemalionalConvention lorthe R.;gulation
of Whaling. under which the granting by any Contracting Go'lcnuncnt to its nationals of a Speciall'e nnit
authorisinge lciUintakingor treatment of whales for purposes of scic.ntific research remains the
responsibilieachContractingQovemment exercisingitssovereign rightsin respar~sfund~rtime
its_jurisdandifreedomof the high seas;
WHhlUIAS theCommissionnotetilpast efforts by Norway in researchon whales and investigationof their
habitat which do not h~vIJ'Ikinghal~es
Now. THEREFORE. theCommis.n~io
CONSIDERS; taking into actlwcomments of the ScientificCommittee(IWC/45/4); tbal the proposedtakil
of 383 mink<'whalesin the North Atlantiuntrlte researprogrammet1escrc~nSC/44/NIJB18
ru1dSC/45/NAS does not satistY all the criteria specified in both the 1986 Resolution on Spc:cial Pem1its for
ScienticRu~ea rnchthe 1987 Reso ll•tiSci~nt Ri~:iscPrrgrmmes. parlicularly in \hat lhe
proposedresearchot adequatelystructuredso as to contribut.:.to or materinllyfacilirote thecompletion of tlte
Comprehens iss~ssment; neither hhe~nestablished thatproposed~earohmltlressi!ScrillCIIIIy
if!lporlant reneeds.h
1.-.JVItl1Governmentof N<)rwayto reconsider the rropofminkewh~ il19s3 and 1994 under
.specialpermit inthe lightof tconclusion~
97Annex 23: Resolution on Scientific Permits, Resolution 1994-8, Appendix 15,
Chairman’s Report of the Forty-Sixth Annual Meeting, Rep. int.
Whal. Commn 45, 1995, 46-47
fWC Resolution 1994-8
Resolution on Scientitic Pel·mits
RECI\LLING UllllthiSSt:icnliiicCommittee is charged rcvi~ingthe porformaorscit:ntifi1:
re5earprogram~ mes
"TOTINGlhHtthe restHrchprogramme to ciRrifstrucsttumr~ke whRiesinthe northwestern PMific
(SCJ461NII)'hasbeenreviewthe ScientCommitte\!;
'\!CHING FLlRTflER thm the full ScC<mlmitt1~1gdr~thst all relguidl!l cicersing the
propo tso~jectives and research cooperationhave been metqllc~thtirrnisd whether t,hc
methodologyothprogrammeswasinaccordancewiththerelevantguldclincs(lWC/46/4):
NOWTfffiREf'ORE,
The ComJnission ENl)()RSBS the revJew ofthe Sc1entific Committee of thetoclarify lh1<ramme
stocstrucl\lfminkcwhaleinthenorthwesternPacific.
98Annex 24: Resolution on Special Permit Catches by Japan in the North Pacific,
Resolution 1994-9, Appendix 15, Chairman’s Report of the Forty-Sixth
Annual Meeting, Rep. int. Whal. Commn 45, 1995, 47
lWC Resolution 1994-9
R esoluti on on Special Penni t Catc hes b)',Japan
in the North Pacific
WIII:flHlAS theCommission has enContractiGovemm~ nob~sethetr reseprogntm tmte~
maxtmum extentposstblc on non-lethalmetl11Wlral.Commn40:1(});
WHEREi\S theCommissiorecognises the effortsbJapan in rcscarr.hon whtheNonh Pacific,
whtcho not itwoll•e the tAkingofwhales;
WHllREAS the Commission con~ider U1Report of the Sctcntiuc CommtU<:e{WC/46/-1concerning the
proposedJtchominkcwhalesdescribed in SC/46/NPI:
WHEREASthe (".ommission acknowledge"tliat the SctenlJtha.A~re.:dthmthe objectives of the
csc~r pc.-opl~'etylaldress qul.lstionsof sint~:ran:>ttns~m~ time lhc Commi;;snoi~'S
that thes.,q1•eshonscouldalso beaddr<sseclby non-ltlthslmethodsusltl£btopsysampling andDNA-analyses.
WHEREAS th~ommission takcogniza onAo~icl'1'ofth ~ntemutitmal \.onvlor!he Regulntiun
ofWhalmg, Wl<l.:rwhlchgr~UJ byanygConl1aclll1&GpvemmMt •t.nat,onals of a Specaal Permtt
authonsmg th" killinj!. taking or olf whalelorpurpo.se:sof scienllfic nremains the
respon. ~aeciClntractiGovemmenl exercisingsover ~ghgsanres~ ofnmritimeare.nsunder
1Junsdactiorlandfreedomohigh~-as;
\lo w. THEREFORE . th"C'omm1ssion
CONSIDERS. lalangto accounl the comin the Report of the Scaenhfic Cc>mmutec OWC/46/4); t.halthe
proposed kill of mmke whales in the Nonh Pacific descnbtld in SC/46/NPl d'o cntenaully s111isl)th
specified in bo1h1he 1986 Rcsolmion PermitsfoScientifResearchanthe 1987 Resolution on
Sctentific Research Prog111111111Se:
RF.C"oMFNDS th ~overnment of Japan lo restruclun:lis research programme concerning minke whales in
t~NorthPaciCicinsuch a mannerthatUteresearch inwrcsUt;ue adcquatdy addressed with non-lethal methods.
IVITiiS the Government of JAPAN to reconsider the proposed roe11nkewhales in the North
Pacific usp~d alrmit in 1994 in loflhc above,
99Annex 25: Resolution on Special Permit Catches by Japan in the Southern
Hemisphere, Resolution 1994-10, Appendix 15, Chairman’s Report of
the Forty-Sixth Annual Meeting, Rep. int. Whal. Commn 45, 1995, 47
IWC Resolution 1994-10
f{esolution on Special Permit Cakh es by .Japan
in the Southem Hemisphere
WHEREAS th0Commis~i hsnconsidered tho Rcporl of U1uScientific Cmnmittec fWC/4614 concctrning lhc
results of the Japcatch oe.inke whales in the Soullm~iperedescribed in SC/46JSil11, 12, l3,
14. 15.20 and 02 4. the proposecTcat1994/95described in SC/42iSHL6,~hercspon os~hs
Government of Japan erli~criticisms of the rch pmgramm" mising in the ScieCommill 's~e
report(IWC/39/4Reportof SpecMeeting Cambridge 1987, l\N'Ct40/4 anL/, IWC/4/4lWCI43f4
andIWC/4414);
W1lEREAS lhc.Commission has encouraged Contracting Govcmmcnisto base !,heirresearch progrdiJJmcs to !,he
maximumextentpossibleon non-lethal methods(Rep. inrWhat.40:70andtheGovernmentof Japan
bas made importantcontributtothe developmentof non-lethal wbale population asscssmorus methods,
e$pecia lly under the IWCIIOCR profSollthdmlemi~pM hl'leWh>tleAssdS:$1lruises;
W1lEREAS the Government of Japan. through its vario-usmodil'ications to the ongm sl research programme.
including thusc outlinSC/461SH16 hasattemptedto adchss (he concems e.xpresscdby 01cScientific
Committeeinitsearlreports;
WHEREAS Japan has not proviued any infom1ationwhich adadtlrcssos the concern;;oxprcsseu in the
ScientilicCommittee on thenbility to esti:~pectmortlty of SouthHemishp~e minkewhnles:
WHEREASthe Commis. lt-onogni·tneof Article of the Internatio<ventioli1rthRegulation
ofWhaling. uru:lcrwhithe grantby any Contracting Government to its natio Special Pcitu
authoFising the killing, taktr~macntof whalesfor purpose!:lof sci6ntilic rt.'Scrtach remains tht
responsibility ofeach Contracting Government,exercising itssowrdgn rights in respectof nwiti me nreas under
i~juri~ idoacdfr~ed oft~ hig~ea;s
Now, THEREPORB ,theCommission
CONSUJ ~lS; L<tkiinto account the comments of U1e Scientific Committee; lhnt the proposed kill of minke
whales in the Southern J·k mi:sphere descriheddoesnot fully satiscritri~pecified in both
the1986Resolution SpeciaPermits(oScientifResearchanthe 198ResolutiononScientificResearch
Programmesin that proposedresearchisnot stmcturcdso asto contribute informarequirforntly
the managementof whalingin thae areas for this species, thoughi researinrtes~tst>ln
RF.CAL1.Sthate~hcor its previous resolutiothecahtosunder Special Permit underrs~~rach
progra -wh~ch have express~imi lonlusions, has not produced the required rcstrthe.iingof
scientire.searpmgrnmme:
INVITES t~hGovenuui;nor )ap<mtr~con c.teiproposer0st,-atake of minke whale-sunder spc.c1la
p~nntin1994/95inthlight of abov;~
IWCOTiv'NCf.lNSe Governmenttl.Iapan to restrilr~searcprogmmme conm c~ngminke whalein
the Southcm HemiSphere in such a mthathercs~ar ichrc:sts ~anadequately addces:;edwilh non
lethal nu:thods.
100Annex 26: Resolution on Special Permit Catches by Norway, Resolution 1994-11,
Appendix 15, Chairman’s Report of the Forty-Sixth Annual Meeting,
Rep. int. Whal. Commn 45, 1995, 48
IWC Resolution 1994-I1
Resolution on Spcdn lPenult Cntchcs by Nol'\"ny
\VHEREASthe Commi$stonadopteda Rcsoluhonona NorwegianpropoforspeClapenn1tm 1993. mvnmg
thoGovernmentof Norway to reconsiderits protadke mlllkcwhalesUl1993 and 1994 under special
p~m1h(n~p. Wial.Comnm 44, Appendix 8):
WHEREASthe Commisswn ha$ constdercd the Report of tl1e Sctcntiric Con1miUcelWC/4614 concerning the
resultsof the Norwec~tche ;f>inkewhale.in the North ,\tde~rtXi!dn SC/4(JN/12 and .l and the
proposed 'thin1994describeinSC/46/NA3:
WHERE1\S the Commission recognises the past efforts by Norway inwhalesond investigationof
lh~ihrbitat which do not involve the taking of whales:
WHEREASlhe Commi:>~ tkencogniianceof ArticleVJthf~nt.omlltI Conven11onl"orthe Regulation
of Wnaling. untwhich tnegmnting by any C'.n.otmGov~mu mntto its mttiorofa SpectalP~rmit
authonsing fhc killing_ taking or treofmwhllles for purposes of sci<n'ufic research remains the
r~epno~rrhiofeach Contracting Government. e.xersoverergn rrgllrespect of tnAntimeareas under
rtjunsdiction nndfreeofthenighseas;
Now.THEREFORE,theCommission
CONSIDERS, takrngintaccounthecommentsof thScr~nt cJ'oimrtlU(1\V\ /4>lllJ\VCI"461-1), that the
propos«! ki~·mfinke whaleintneNorthAtlantic descri11SC 46!NA3 and SC'.t61NA5 dCX1nfully
sausfy fhecritena spt.in both the 1986Rcsoluttonon Specntl Pennrts for Scrtnttlic Researchand the 19!l7
Resolution n Scientificarchron.,r.unmnthatth ~ropoo..-dh'SCisnot suucruredso as tocontribute
mformationpr~;; .eunrtdfrthem:magementofwhaling rthseureRsfothispecies;
REITERATES itsuwitalton th~ ov.:mmcntof Norway trccoosH.th~propose"(r)eseatakeofminke
whales underspecialpermit994-in the lightof the above,
Wt:ll.C'OM8the decision of the Governmentof Norwtoissuesp<lciulpem1its innrn.i<'xpresseis1s
strong hope thatrl will be poosiblc[tocontinue iLstcscprogrumnrlhrou~hnon·kthalmclhods.
101Annex 27: Resolution on Whaling under Special Permit in Sanctuaries, Resolution
1995-8, Chairman’s Report of the Forty-Seventh Annual Meeting, Rep.
int. Whal. Commn 46, 1996, 46
IWCR<s'olution1995-8
Resolution on Whaling under Sped :lll' emut in S:mchmries
1.\rlrnREASlhe Tnlel nalConvention forthe Regulation of Whalingthe interests of .th~<I'ions
lheworldinsHfo:guardtlthe lilturege.nerotionslnaturre~ousr oche whalstocks:
WlmREAS the Commissionhas estublishec.l.in paragmphs711und 7b of the Schedule.ndi~nunriesin the
and SouthcmOceaninwhich commercial whaling isprohibited:
WHEREAS Arti..Jc VIII of the Convention provides that Contracting Govcmmollany of their
oati.onals a special pennit authorising those nationalstrtlwhales for purposesof scientific
research, and that such killing. btking nnd treming of whales shall be op~mti frfmthee
Convention:
\:VlffiRS ('otracting Govemmen!Sshon~verthe repect fully the \Vlshof the Commiensur~o
theconservationofwhalesinsanctuariesdesignthCommission;
NOWTHEREFORE theC:0111ssion:
CONSIDERS (hal ContractiGovmcmcn~ s~ould underta~ndcollaborain.thc~nd~ cra program11W
ofresearch in Soutl1om OceanSanctuaryusinon-lethmethods and. theexccis ~f tht'.Jrsovereign
rlghLor;,efnnn from1ssuingP~rmialotrs~ear ivhlv1ngthe killingof ceLacdans.satnicri~s
102Annex 28: Resolution on Special Permit Catches by Japan, Resolution 1996-7,
Appendix 7, Chairman’s Report of the Forty-Eighth Annual Meeting,
Rep. int. Whal. Commn 47, 1997, 51-52
IWC Rt'solution 1996-7
Resoluti on on Speci;tl Pl'tTitit Cb~·Jap:an
WHEIU:ii\SArticle Vlll of the Convention provides for the issgovcnuncnts of a spcctal permit fot
scacntilic research:
WHEREASparagraph7(b)of the Schedule estaalsanctuary in the Soutlti:inOcean:
REC'ALLTNG IWC Resoluti1995-8in which the Commissaconsidc ta~desearch in SolllhcmOcean
Sanctuaay shou be undcnaken using non-lethal means and Cwnmctit·Parties to refrain from isst1ing
specialpennits for rcsrarch involvingthekillingof cctact\allSinsuch sancruaric.:,;
FURTHER RECALLING IWCResolution 1995-9on \Vhaling under Special Pt mtit which estnblishcs criteria against
wh1ch the Scicmtic~mmilt hould a:;,;,:ssand prHUVICCon spccl!p~mutresr ~'hpogrammes and
recomme hAtC.ontractfngOovemn1cnts refrain fromr~vokmanypermt~that do not satisfy th,;c)iteria
specdied;
NOTING no:vcrt tattleeGo."Tlmtmtof Japan cont1nu.L-.suspcc1al p11'L mvolvlng, the kat'ing
c.tace~annd that the number of whales lcilleu under spec1al pem11subl.lln!alo44lySouthcm
llcmtsphere m1nke whant100 North Pacilic minke whales 1nth~:a.son.6
NOTlNG FURTI[ER that the Oov.:mn1atl of Japan propos.:sas pert of 1ts I?961 totssu.:specialogntl1m
permits to take up to 440 Southern llemisphere minke whales and IOONonh Pac1ficmmke wlulles;
NOl'l\1\r ALSOthat theJARPA programme be revtewetlby the Sctenllftc \om m1ttee.
NOW TllljRcFORo the\..onmussion:
CONSIDitRS thnteith.:apmposal for special pemut has heen found to meet the crit.ena for such pemtits established
under IWC~esolut 1i95n;
REI\FFTR..\IfSthnt Coni Governments should refrain from spec~gpmlnts for research involving the
killtng of c.;tacc~nnrcuarinesc_-;prcsscsits deep concern at Japan's continuing proposal to conduct lethal
research 1viihin the Southern Ocean Sancwnry:
REQUESTS thnt the Govcmmcnl Jap~ in ltxcrceio~ils sovcrctgn righiS, refnun from issuing a special permit
for the take of Soulhcm Hemisphere minkc whalestnthe Southern Occnn Sanctuary and rcfram also [rom
iS-I~1Ul())CCpt:rm11to takeminke whalesin lP~cil;ic
FURTHER REQUESTS that UltGovcrmncnl of Japan roconsidcr and rcstruCLurc8tts research programmes oo thai
research objcchvcs arc acillcved by lhc uscofnon-lethal means.
103Annex 29: Resolution on Special Permit Catches in the Southern Ocean by Japan,
Resolution 1997-5, Appendix 5, Chairman’s Report of the Forty-Ninth
Annual Meeting, Rep. int. Whal. Commn 48, 1998, 47
IWC Resolution 1997-5
Rt>$olution on Speciati>ennit Catches iJJthe SouthO{_"<n'by Japan
WHEREASArticle VIIIoftheCorwemionprovidesfortheissuingbyContractingGovernmentsofa specialpcrn1it
forscientificresearch:
WHEREASparagraph7(b)ofthe Scheduestbai~haeanctuaryintSoutherOcean;
WHEREAS theCommissionrequested C.ontraPartito refrain fissuing specpc.nnitsfor rcscan;h
involving the killiwhaleswithin thtl SoutOcean Sanctuary,and expresseddeep concernat Japan's
continuinglethalreswithinthSoutherOceanSanctuary; andrecommenthascientiresearchinvolving
thekillingoceteacnshouldonlybepermittedwherecriticallyimponant researchneed'sarc addressedwhich
cannotbean~w ~~dby analysin.g existing tlaU&!ofmnon-ll ~1~hami4 ;fu!rth~ trntO~rquetsht~ed
(iovemmenl of Japan to reconsider and restructure its research progranJmt:obj~ctatlrvesresearch
achfeveby non-letha)me(fJr/?.esol.r1995-8, 1995-9and 1996-7);
WllERGAS d1e Govr enmn~of J!lpan nevenhelei;s corll$sSe~J)l~ieanltinvlling thlOllinof
cetaceansand thenw11bcrof whales ktyearunderspecip~nntinthe SouthernOceafter a ~tasntia1
increasein 1995196, has remainedat d'l.t1incre0inke\oh:lJe'>;
WIIER.LiAStheSci~tif iommittee this year undertook a comprehensive review of trese11rchne.se
programme(JARPA) intheSouJ:hemOcean,which isreJ>otted inSCI49(Repl;
W!IERliAS the.ScienicConuninee n.otes (JWC/4914)re.~to-hellA~PA progrnmmeare nor requited
formanagement;
WIJERLiASfhe ScientificCommitteealso notesthat theseresultshaoeunprove management in soq\e
ways; anthathere.~ ouartlsesof JARPAdatconJdthube useto increasecaliimof minke whal.in
the :)outhemllemispherewiintcrea ingthe depletionrisk indicatedby the RMP-trialsfortheseminkewhales;
NOWTHEREFORETilE COlviMISSION
AFFIRMSthat.the JARPApr<lgt'd01JldJoccs not address critically importantrcscarcnneeds forthe management of
whaling inth<;Souihem Ocean;
RE.t..FF1RMthai Contracting Governments should rcfrdin!iom JssuingspresearcinvolviU1c
killingcclan ~cisan~luarics;
REITERATESITSDEEP CONCERNat J11pan'cson\in\lingscientlfic programmeinvolvingthe laking of whales in
lheSo1Jem OceanSsnclll3J');
STRONGLYURGES (hal theGovernment of Japan, m~xreisoeilssovereign nghts. rdm issuingany
furtherSfl<!Cltpaermlllo rthet!lkeof any whale:;,particularly in theSouthernOcean Sanct\lllry.
lNSTRUCTS lhe Sciartilic Connnittee not to consider Southern Hemisphere mthk"ontext ofn
implementatiof~ RNI'Punless advlsetl tbytheC.ommission,
104Annex 30: Resolution on Special Permit Catches in the North Pacific by Japan,
Resolution 1997-6, Appendix 6, Chairman’s Report of the Forty-Ninth
Annual Meeting, Rep. int. Whal. Commn 48, 1998, 48
IWC Resolution 1997-6
n esolution on Special Pennit Catchesin the I orth Pltd fic by Japan
WHEREASArticle vruof theConventionprOVIdefsorthe ISSUIIlbgyConO'ISovcmmcnlliof a specialpemul
far scillnresearch:
WHEREAS th ~ommissionrequested Japto refrafrom issuinnspeciapermittotakeminkr whalrsinthe
NorthPacifiandrecommended thatscienrificrr.scarchinttoassisthecorucphrm~ieassessmentofwhale
:llockl;andtltc implcmeu.tatiortofthe RevisedManagement Procedureshall beundcrtakcoby non-INhal means: and
rtlcommondodthat scientific re..«Jarchinvolving the killing t>fcetabeapem1itclwhere crirically
import'.Jnrte&JneedarcaddressewhichcaMot beansweredby analysinexistidataancll\1Sofnon-lethal
wcltniqucs; furthermorercqU!deGovernment orJapanr~oon e.unKrcstrucliJTr~sea prcghammesso
thllttherc'llcarchobjareachievedby non-letmc~n (.'CllesolurioiiS199and1996-7),
WIlr!.RTiAheGovernmentof Japanll<!verthcl=can11ntoll. aspeUi~Jl<!Oninvolvmgthekilliof minke
whl~! U'theNorth f>actfi,c
NUW TIJHR[)FORETIIFiCOMMISSION
.1.\H•lRMSthat the proposal for a sp<lcialpermit m the North .PncificdO<!:n!ot ad()"C$cntu:ally unporumtissues
wtuchcannothe:111swerehdy the Bllalysisof exi!lttngdus..f non-lethaltechn•quesas estabdnderheu
JW('R.:solutr199:'-9,
Hbri'I}RATCS ITSREQl,TiiSthat the Govenunent of Japan, m the ee>ftisovere•gn nghL«,rel'ravlfro•u
IS.~ aynfgnht!rspecialpeiforthetakeomtn!.wehalesmtheN011hPactic,
REfi'ERATES ITS REQUeST thattheGovernmentof Japr~tder andrestrucl\llr~searchprogranHlsoJ
thHr~~~r obect•ves are acllbytheuseof norlethated1n1qw:s
105Annex 31: Resolution on Whaling under Special Permit, Resolution 1998-4,
Appendix 4, Chairman’s Report of the Fiftieth Annual Meeting,
Annual Report of the International Whaling Commission 1998, 43
JWC Resolution 19'JM -4
Resolution on WhalingUntlru·Special Pcnuit
Wlli\RfiAS Altiele VIII of ihe Convention provides for tuiby.ContracntiGove rn111ents of specia l
pem1Its for scientitlc research and paragraph 7theSchedule establishes a S!lnctuary in the Southelt\
Ocean ;
RECAJ.U NG previousre~olut oiW hling underspeciRI pcm1its adopted theCommission (1995-9.
19%-7 and 1997-5), relating to lethal scie ntlf)c research itl the Southern Ocean and the North Pacific Ocean;
NOT l'NG that i1997 the Commission affirmed ththe A~PA and JARPN programmes did not address
critically it11pnre~ar cehds for the management of whaling in the Sou U\ernOcean and the North Pacific
Ocean;.
NOW. TIIEREFORli TilE C..OMM ISSION:
REGRETS Ua 1t despite multiple lWC resolutions afurming lhat thesrc~sachlprogrammes did not
address critically important research needs, U1cGovernmJapanfcontinues \h<l progrdl So[ ktl1al
n:searchpar~uilcaril(ye Southern OceanSanC\uary.
DIRECTS theScientific Committee. with ro;spcctto all spccialpem1it research programmes, to continue to
identify non..Jdhal methand alternativesources of data thatbeiusudin meeting thestated research
objectives;
INSTRUCTSthe Secretary to noti[y the ContractingGoverrn1eJnl concerifa contin11ingorpropo~ed
special pem1i\ rest:arch prognm1tiO<not mee\ criticallyimpOratnt research asde\t:rnlinetlby Ule
Commission in theahoveresolutions:
NOTES the grave concerns of eminent members of the inlemational scientilk communlly over the
conti11Ul!tn1of]etlWhal r~search programmeswhichwere specified1na Jetter, /.501) of23 January
199R.to the Chaim1an of the Comm1ssion:.in parti'1hatmoniland ethical isssues are prornised
wh"n'
A single research programmeresults inover :!,500 cetaceansbeingkiUed o1•ewiththe prospectof
another yearstocome;and
Whaletneatan9 other whale products resulting from lethal scicntjfic whalingare being sold in commercial
mar~ ktw hila moratoriumon commercial whafu1gremaiin force."
REQUESTS that the Sccre1ariat UJldcr1ak,cfor the neAnnual Meeting of th~ International Whaling.
Commission. a comprehensive nwiew otheethical consideratitakeninto accounby otncr international
scientificg naizoat.iithrespectto scientific research;
RECOJvlMENDSthat, if whalesare killed underthe provisions of Article VlJI of the Convention. this should
bedone inamannerconsistent witnthe provisions of SectionlJI of \heSchedule;
REAFFIRtVfS ltsprevious-requestththeGovcmmcnt of Japanrcfraifrom issuinganyfurther peitsfor
the tke of minkcwhales in theSouthernOcean WhaleSancturuyand theNorthPacificOcean.
106Annex 32: Resolution on Whaling under Special Permit, Resolution 1999-3,
Appendix 4, Chairman’s Report of the Fifty-First Annual Meeting,
Annual Report of the International Whaling Commission 1999, 52-53
IWC Resolution 1999-3
Resolution on whnling w1dcr Specinl Pcmut
NOTDIG that since TWC 50 m :May 1998. \he Government oJSs•tnew Special Pcm1its 11ndcr\he
prov1sions of Aruck- VIIJof \he Com•cntion r~sc:ain the Southem Ocean Whale Sanctuary and
thN~orthPuC'llicOccom,
NOTJN(}>~ltsat 1nfonnat•on protthe WhaleKillmg Workshop 111May 1999 md1cates that only.1n•"of
whales are killed insl>s in tJARPA andJARPN prognl111:e1s1
FLlRTiit;R NOTING thAIthe reviewof ethicalc1\Swithrespect toscientific research, rrcpnr41bythe
Socrctmy of the TWC io 1999. concludes that "'the bro1 legislatigudclin anscocl.:s of
conduct which e~mpha seiausing the minimum of su-css anJ distrcs:>,suffering asam~ain, and at tho
limeconsidcriogLfth1.r1c·searchresultscan be achieved using feweranimalsor byother(non-lethal)mcam."
RECALLING that grave concerns have been expressed by eminent members of the imernatiorutlscientific
c.1mmunity Andmanotherov~ thecontintion olethal whor>~:> lrglalres.~speoi iaRrfiy
designatliSanctuarie$in parngraph7Sch~u~ le
N()W Tll[jl{l31'0RH Tl rECOMM ISSION:
REQUESTS lbatthc Govcmmcnt of Japan reframIS&un any pcnnntnthe 1999/200~ason fr dtc
tak.: minkc whales in theSouUtemO<x--a\n\-'haleSanctuaJyand du:Nonh P'acificOcean
107Annex 33: Resolution on Whaling under Special Permit in the Southern Ocean
Sanctuary, Resolution 2000-4, Appendix 1, Chairman’s Report of the
Fifty-SecondAnnual Meeting, Annual Report of the International Whaling
Commission 2000, 56
IWC Resolution 2000-4
Resolution on whalin.g under Special Pennit iu tile Southem Ot·eau Sanctuary
NOTING thfil~nc he 51" meeting inMAy1999, the Government of Japan Jms issued speciAl pennits. unde1the
provistonof i\njo!e Vliof the-Convention,forlethascientificrosearcil on m.inkewhales in the Southern
Ocean Sanctuary.
NOTING also thathe Scientific Committeethyear consideredallestimateof Southem Hemis1lherc minke
whale populali•m si:t.e$whhave been made availablsince 1990.and concluded thathe;;eestimatewN·e
''t·lppreciably lmvcr'"theslimfllof760,000 accepted hy the Scie.nti!ioCommitt1990.
NOTING [\.rrthcr lha\ lhc Scientific Commitkc this y>mcnds that•·mink.:whale~should be lista.\"'V
speciesin Section 1of the Schedule to the Convention.
RECOGNISING lhat the C•,mmission ha.. agreed onu.~; geen or th" Sci.:ntilic Committeeproceed
withtheplanned review or testimnl.isfpopul!ltiosizesof minke whales, including deve1opment tlfHgr<>idl
estimates.priortoseekingadvice.fromtheCommissionon how to assesstheimpacts-ofJARPAonthesestocks
NOW TlffiREFORE T1ffiCOMMlSSTON RGQUESTS that the Gov ~mmcn tof Japan refrairu;fromissuing any
.::)pecilennit.sfoxthe 2000120season forthe take of m1nkewhalinthe.SoutherOcean Sanctuarv.
108Annex 34: Resolution on Whaling under Special Permit in the North Pacific Ocean,
Resolution 2000-5, Appendix 1, Chairman’s Report of the Fifty-Second
Annual Meeting, Annual Report of the International Whaling
Commission 2000, 56
IWC Resolution 2000-5
l{csolufion on Whaling under Sperial Pcr·mit In The or'th Pariflr Orean
WHEREAS Pnragraph I of Amclc VIII of the lntcmatronal Convcnuon for tht Rrgulauon of Whahng
(Conv~uo)n provsdc:s!hnotwsth.~ anyllnd ontau-.NantheConvmuon. any ConlrllcG\lv~mment
may grantoan) of sb nauonslSpecsa~~~ (SIX"•aPenni!authonsmgthatnationatoIaItal.:eand treat
whalesfoethP\~S of J;Cs.,n.:sear"h.subJecttosuch olhercondstJoGovemm~e tutl.fil.
RECALLING prcvlOl1WC Resoluhonson whaliWldcrSpec1alP(rnlll adoptetheComm!S!Ito(1996-7.
1997-5. 199!1,nd1Q99-3)andm puniculaResoluuon1995-9.anwhichthe Comm1ss1orecommendeu thm
;;cs~n r$C 8chsnvolvsn1M lcillsof cetaceans should onlypennsuodinexceptional circumstances
wherethe questso01kh sntcallimportanisu.swhichcannotbe answerebytheanolys1sooostm data
andlor uscnon-letha•~arch tcchni4ucs.
RECALLING also thain1997theCommissionaffumcd thatheJARPN programme dinot addresC1J'iticnlly
importann~arc heedsfor tmanag~mc ofwthahngm the NortPac-11cc.:an;
WHEREAS Pnrllgrop30 of lhc Schedulethe Conventioprovides tlun oil proposed Special Pcm1its be
f'CVICWbCy!he StiCIIIllic;C.ommillcc. arwctRcsoluuon 1999-SJXClfic:aycquc~ lhc StiCntifiC
Committe.toprosdeu<h1e<on lhJs toComm~SSJOn,
NOTDlG the Government .fll·spropo Is~r~ ugut10:000 theJARPI'i1progmmme,underwhich tak<S
ofmsnkw ~h.~l ad..or thlir.~ iltkemof :;peuno Rrytk'whal~ would1,outhonzed.
FlJRTHHRNOTil\G tho:many mRJOIconcern.-;C..\-preond not allayc:dduntile'i2""mc:.=UJ1o1f; the
Scic:nhficCom1tteemcludmg (amongothe~ concerns thah~ proposal d1dnot addrque~11 ofh1g.!>
pnonty relevantonmrwgemen,t did not make full ue~U:> data111drevralcd muny methodological
probkms:
t\OTL'IJGi.npart1cular:hntlhc ScCommmre didnot e.ndornetJARPN Iproposal.
NOWTHEREFORETHECOMMISS ION
AFFIRMS thatgothcrirc; informnon JntCI'IIctsetween wbnlcs and pre~peiecss not oeriricolly
imporla.I!ISwh1ChJU.1Uf hegkilhnofwhalesforresearJll.ll1Xll>CS.
PROPOSES that infonnotionon stock structure, which mav be relevant to management.be obUimedusangnon
lethameans,
STI{ONGLY UlWcS the GovernmentofJapan to refrou1(rom issu~pec1 pemlllts fwha~ l.lllder
Ji\R.PNIT
109Annex 35: Resolution on Southern Hemisphere Minke Whales and Special
Permit Whaling, Resolution 2001-7, Annex C, Chair’s Report of
the Fifty-ThirdAnnual Meeting, Annual Report of the International
Whaling Commission 2001, 57
Resolution 2001-7
Resolution on Soutllem Tlemisrlhe•·eMinke Whales and Special Penni\Yhalin~
R,i' OQNISINO that the Southem Ocean Whale Sa1\II1>'1ovlde a valuable precautionag~~U\Sture
•mccrtain(ics in whalemanainthe Antarctic:
NOTLNG that th" lDCIUSOWEiRcn,tisesb~~na major investm.:nt of the bucg.l<ltand time of the commission
and U1cscientificcommitteefoyea~rs
FDRTHER NOTING that rcfi'n~nh'Jthtexperim<lnlllldcs1thes~cruist.'1hia:sbo-tinuous process
througnoutthe past twodecade:>;
RIZCALLJNG concems expressed in Resolution 2000.4, regArdingappreciably lower abundance.estimRtes for
Southan Hemisphun:rninkewhales:
FURTHER RECALLING t hat IWC Scic.otitic Committee agreed intherewas no agreed c.s1i1natc for
Southern ll.emispheren>inl<ewn:ales:
l'ifOTlNO that this's~menf iiCommittee report prov11crude estimate of abundance for Southem
Hemisphere mink.: whales whic.h.altlwugh derived from ala~net for the third crrc~;rul,ioo
neverthelesu~estassb~1anI tiowIrabund;tnce estimateforSouthesphe.re mirtkewhales:
t:ONCERNED that the Scientific Committee report cannot rule out tl1at the Southern Hemisphere minke whale
popullltionmay hsuf!era precipitousddcline overd~cu :d~t
NOWTBERHFORETHECCJMMJSS ION
COivfi\IIENDSthe Scientific Committee's proposal to proceed with the compleLoin of its rcv•ew ol'mi.nlcewhal<!
ab. dance t~hSoutmh~llemi'spheru;
HNDOI~')t HSSci~tinCu()mmillepr(Jo~ul1(lresentiL~003m~etngrevisee,i~tt~()[ nbunrumce11nd
tre.ndsof Southern Hemisphere minke whales. u:;ing,in1proved methodology developed th~ing.the course. of
review, forthe fullthreecircumpolarsets oflD(:R/SOWHR!rurveys:
Rl.lQLmST'the.ScientificCommittee to pth.Commi~~onat IWC 54:
(i) a liorplausible hypothSlat may explain !his llppartmlpopulation d.:cline,
()1 the poosible implications that such a decline in abundance may have for the manas ement of min.ke
whalcs in llic Sou0H~misph .,:and [or ccolugically-rdatcd >-pccic,s in particUlar other
cetaceans, andtat <r!he Antarcticmarineecosystem:
STRQNOTY . tJRCK<;tJ>e Government of Japan to halt the0lethal t;lkesof 1inkewhalesconducted under tl>e 11\.R.if\'
programme. al~a snil the Scientific Committee bas reportedto the Commission on !he in1paclsof the JARPA
progm.mmeon thestocksofm inkc whales in Ar<!asTVandV .
I\VCR£5.201i<: ~WW/fll9:-18
110Annex 36: Resolution on Expansion of JARPN II Whaling in North Pacific,
Resolution 2001-8, Annex C, Chair’s Report of the Fifty-Third
Annual Meeting, Annual Report of the International Whaling
Commission 2001, 57
Resolution 2001-8
Resolution onKxpansion of Jarpn1i\\ lhaling ~orth Pacific
Proposed by U S,A, Ausll-aha.Ge1T11a,nIytaly. Monaco, lealand.Swedensrd V [...
Wlli:.REAS Arttele VIII of the International Convention for the Regulation of Whlllmg provided that any
Contri\ctingr~nmn t aygrantspeoialpernutsauthorisingthl!irnsuonelstokill whules forscientificpurpost's;
RTICJl\.LINGthatGovem m~ntf Japan stnrted researchwhnlirlgon minke whnles in the North Pnciiic in 1994
and thene-xpanded the progy~a rOincludtoBryde'sand s11elesdt~s pumaeus ct,nc arsdby
thScicmir.cCmmittcandthe('.mission:
WHEREASbecauseofthe tintingof the ScientificCin200:),theCommittee will not be able to reviewand
cnmm~n t0nnynewJARPN11nroptlsb.fo~the~ar fsc iemific•whflliyeru~xt
NOTING theconc~mof many members of the Scientllic Cominitt·:e thlllthe lack of ar1yqunntlfiahle ohjectives In
.IARPNU lllld ymean that no reasonpwformanc&andardhllb~en set with which lojudge th$rsucCCSo
fniluofhl~t~sibi phi<>yfthr~,;eJ arrchmme~
NOTING also th•tmorc t60()whales have been tnthe N•Jrth PS111cUlcsian of the program.
PUK'flii!RTrNC that the da!llcollectedby lethalsamplingofsperm. mtnkt and 13ryd'e5wlllllesin JARPN Usre
notcssl'ntialicontexttheR.\11.'
NOW THEREFORETHECOMMISSION
.1\FFIR.\.fSthat damg;Jtheredunder JARPN n on interawhalne.drrey speciesa1'sufficie(Q
Jllfythb:llltngthe ~halelorr~sc paroehes:
PROPOSHS thaany lllfonnationneetkd on stockstructUrecaheoblain<dusingnon-lethalmeans:
STRONGLY URGES th~Government of Japan foreaso gnven above to refrarn ITomrnyg special
sctentificpermitfor whaling under JARPNII If the Governmentof'Japanncvc.nhela permitindcrsISSUing
2002.the CommisstonSTRONGLYURGI3Sthaitilbe issuedumil theend of July ::002.togive the Government
ofJapanadcquak time to takeccount view lfthSc:to~ nCom.ulutend the C'omnnsstl'n.
tWC'llf!i2I.dor 8
111Annex 37: The Berlin Initiative on Strengthening the ConservationAgenda of
the International Whaling Commission, Resolution 2003-1, Annex C,
Chair’s Report of the Fifty-Fifth Annual Meeting, Annual Report of
the International Whaling Commission 2003, 58
Resolution 2003-1
The Her·lin Initiative on Strengthening the Conservation Agenda oft h('
Jnter·national \\ 'haling Commission
WHEREASthe firobjtctive thInwrnat.ional ConvilfortheRegulation of \¥h~~*hteintereof the
oaUottq otheworldiosafeguarding futurgenerationthegreatnotrlresourcercprcsemed by1bcwha[c
stocks";
M!NDFULthat,&iventhddepletestAtuof&reatwhalepopulationsatthe inceptionofthe JWC,an.d thetdw·i.n.g
last2y~ar te ntemational WhalingCommission ha.•devoteda ovawhelm ing part of itpLuu·oft the
that conservationobjective;
}JOTI'N(l.ha,tthroughtheadoptio.n of more thana hundredconservationutior\st'l.a.sthrough
variousSchedu.leaendments,theCommissionhasevolved into anorganization internationallyrecogn1z.eda,mong
otherthings. for its meaningfulcontributions to theconservationrtheringthat conservationwork.
thr<>ugjtlhose Resolutions and Stam~ndmtt helsommissitm has gradually developecxlenstv~
conservation-orientenca~':
NOTING!hat ~inc \eConv~ toincameintofro~in1948severak~yconvl$mns hav.:been:ldopwhichmay
aff ~~getll whales. incluinli!r alUNLOS. CJTBS. IOC, JCSU. !he CBD,C..MS.ACCOBAMS and
ASCOBANS;
RECOGNJZI.NG thvariouschallengr~Ie dtrinpreviousResohrtionsand Schedule1\mendments, it isprudent
fotheCommission to effectively organize workintheptlsit itobjective devisinotHtppropriate
agenda thotplaces speciol emphasis on its bencJitsto conservat-ion
NOW 'l'lll:REFORHTllli COMMISSION:
Wnl,COtvlES initiat1v3!¥\Cth<!achievementsa. rientationoft hl.!cumulativeworkoftheCommissionln the
pursuit of ir;;conserol~ecn ;tive
13NDORSliSthe proposals made byvarious Contracting Oovertuner\tsto or'gallithatn the basis of
asSv'SSmt,nthe futurc Conservation1\gcllda of the Commicooprate iiLpn1paration:
DECIDES to~'bbllhla Consetvauon Cummiuce of tJu,Commission, composed of all Gon!rdcting Parties. m
contormity with Articleill pa4aof the Convention;
DECIDES to entrusthConservation Committeewtth:
(l) The preparation and recomme.ntotheCommission of its futureCons.ervation.t\g.end.1t,aking full
accountfthiResolution;
(2) The implementation of those the1\gendothat the Commission refeto it and
(3) Making reconnnendotionsto theCommissioninomaintainand updothConservation.t\gcema
aconti1tuibasis.
INSTRUCTS the Cons~rva Coimofne~to meet hd ore the Commission's Annual Medtininorderto.
organ iis~or,so!hat theConservationAgendacanbetoi'ilfoadoptionby theCommissiot~htAnnual
ivleetins.
Dl RECTS the C'tservationComminee to explore how the Commisscoordin tscoeservation agenda
throughgr~at ellaborationwiawider range ofother organizationsand conv,..ntiinter alCMS,g
CCAl\IILRIMO. JUCN.and UN'EP.
REQUESTS the Scientific Commilleuadvi ~heCons~rvat Coo niltcl·in the perfommnce of the t.asks
<mtruskd to ilfhiResolution.and to cnsuw that the appropriatescic.nhlic rese-drinltalia,including
whalewatching, .:nvir•wncntaland b.._ttaviourafll"Serach.undcrtheresponsibilitCommit.~~:<:.i!i.c
tireincorporainthe ro nservation t\genda.
112RI!QU!!STSthe Conservation Comminee e.~plgihnpogiSiestablis bbhe~not.ission, of an
oppropr18tctfun(inclu thedentificationofpotentialcontributors).tt.enecessafmancial
rsouce:t~the:Commissionand. particularly.to theContract~'OI1Itdo llllplcmcntingspecific
Ite mfthe ConJ;er\'HIIonAgendarcon~rvatior eJ.reh.tetnto:nUt,heComnulle.!shallgive
prionty to the question or assistafor scienlrL~L- anrc-hapa cuking for sciennndt>;
insututioll$d~velo poitres, amisball11tlv~ fomnUh<lJ:penenoeosbunnw inotherintt:rnntional
envirorunentaland conservation conve-ntionstheestablishmofisma1llyi-enri~enational
funds.
DTRGCTStht:S"cretamot topaereporo~ consideredby themo~~i 8ont.et~nnual mt g. on the
1ml~menLut ufRenolution 199!\-6regRr"~~qiblmenof1deicll~·finvm imnnle~e"hFund"w
fllcihtate reseArch on environmental change and as on treulsof thappe-Alit made in its
N.esolution 1999-5"totheCoGoverninnt.thegovernm itenttoalorngzaiotnndoUterbodies
tocontribufinoncianlinkindtoresearchprograms,anincluioU1arcpon a rcoommcndottthe
Commissionato how 1l1laFundcoulheconsiderelheliaoft.hpossibestablishmor !ln.rum!
referrto1nthllrevtous pa111grap.h
(IA~ can be arprcctaleclm the "Compiled LCons<.TV>~t tiRcnluOol..attached hereto a.s
Annex!
(2)Asc:!lbeappn-.cttltedin nn{'thiResohttion. cnh'"lWCCOJ1$(;1V3\\n'tAn"Annotlitc<l
Compilation·
-Resolutions 1983/App.:!; 1990JApp.5 and 1998-8
-Resolutions 198ll/App.8; 19831App.4: 19841/\pp.2; 19901/\pp.3; 1991/,\pp..S,199:!1/\pp 9, 1993/App -t;
1994-2; 1995-4, 1996-4; 1997-8and X))l -13
-Resolutions 19921\pp.l0; 1997-4and :!001-4
-RcsolutJOR$1993/App.9: 199-l-14and 1996-2
-Resolutions 17 and 2000-2
-Resolutions 199311\pp.l:! nnd 13; 1994-13. 1995110, 1997-7 and 1998-5
-Rcsolutns 19901App.6 and-9
-Rt:soiUl.Jons19791Apr3: 19921App.4, 19931App6; 11998-Jand~-18;
-Rc~o ilon980/App.&md l98l /App.6
-Rcsolwioll$1985/App.2; 1986/App.2; 1987tApps. I lt14: 1998/Apps. I ted ; 1989/App. 1to -1; 1990/Aprr;. I
nnd2, 19911Aprs 2an199~Arp .'\and6 ; 1993/Ap(l$. 7 RndKII1995-Xnnd9, 1996-7; 1997-
5 and 6. 1998-4: 1999-2and 3; 21JtKl-5and 2001-7
-Re~• t1~s1Q781App.D980/Apb p. 998-8; 1999-6a.nd2000/App2
-Resoluion978--l/19SO-l lll982- 4/ 1991-611992-l/1993>-111994-111995-App III 995-111995-21199'7-
1/1999-112001-2
113 .Annexl
Compiled List ofiWC Consen 'ntion·O r·iented Reso lutions, 1976-2001
Noteon Resolutionnumbering: The Commissiondid norimpl'omenta Resolutionnumbering system until 1994.
Resolutions adopted prior to J994arcreferred tohorebytheyearof adoption and thenumbetothehe1\ppcndtx
rcpon ofthe corrcsponcfmgmeetingin which they are printod
IWC 2fjlllAnnual Meet ing
1976:4. Resolutionon adherenceto the convention.
1976:5. Resolution on the prohihition ortnmsfe r or vessel"- equipment amiassistanc.:
1976:6. Resolution on bowhead whalgraywha les
rwc z<)!!lnnu ul l\1et'ting
1'.177:6. Reportreques fr~all-ty whaling
1977:7 Prevention of lmpo•1ation of whaleproducts.
1977:8 Prevention of transferofwhAling vessels etc.
IWC Decemb<•'-1978 Spcc:iaJMeeting
1978:0 Resolutionto CrfES
1978:F. lmporta t10nof whale products from non-IWC Jlltnts ,<'oun
1978:F Transfcrof whaling equipme-ntand c.xpertise,etc.
~ .!!nAnua ltt .ting
1979:2 Resolutionto considerthe impliCAtionsforwhalesof tllregi~gferother lll!lrme
resource-s.
1979.:3Resolution in rdatothe cstabljshmc nt of a whale sanctuary in the Indian Ocean.
1979:9 Jmporl:ltionof Whalel?rnductsfrom, E.xportof Equipment to, and Prohibitionof Whaltng.by
Non-memberC.o'untTies.
JWC 3211.!!nnual Mrrting
1980:5RcsoltJtiononcooperatiandcoordinationbetwetheInwmation11-VhalingommissionMd
.tho:proposcommissionforthconservationofAmarcriMari- L~vinResources.
1980:6R~su tlioan•.o!dlll discourasing whalingoperations ouu;ide IWC regulations.
1980:8 Resolution oonct>~t.cru >ftoncommission's r.:spQnsibility forsmall ct1tuccans
1980: 10 Resolution on preservation of the hAbitAotf whales and the marine environment.
JWC 33!!!Annu;d:Meeting
1981:3 RcsollU.un Communication between the IWC and the Indian Occa.nCoastal States.
1981:6Resolutionto implement recommendationsof theTechnicalCommitteeWorkingGroup onNon
lWCwhaling.
1981:7 Resolutionrelatinpollun imtha~e.s
lW C JS!Annual Meeting
1983:2 Resoh.ll•OJoIn the framofa cornprehensas~essnt eft\htleslod:s.
1!IN: Resolution on Scientif1its-'em
1986:2'Resolulion on Specia lPcrmlts forRcsc~rchfic
114 IWC .l~An1111l ee.ting
1987:1Resolutionon ScientificResearch Programmes
1987:2 Resolution on lofKor~aiPrpoSalfor Sp!!cir it5:-m
1987:J Rt,;olution on theIcelandic Proposalfor Scic.ntilic Catches
1987:4 Resolution on Japanese ProposaPemi~tpecial
IWC 4()!!lAnnual Me.,ting
1988:Resolutionon NOtwegian.Proposal for Special Permits
1988:2 Resolut.ionon the IcelandicProposalfor Scientific Catches
1988:Ra. JuotnnoneL'ua.nnf Special Pe.rmits for the Purpa;esof ScientificResearch
IWC .n"Annual Meeting
19!19:1 Resolllltonon the lcdand ic Proposal ror Scientinc Catches
1989:2R~tlsitonn Norwe.gjan PropoSp~cfPcan1its
1989:3 Resolution on thePropobyJapanof Whales in the Southern Hemisphere WlderSpeciaL
Pen11it
1989:4 Recommendation on Scientific Coth.Indian Ocean
IWC 42!!! nnual ::Met>ntig
1990:1Rt'.solutionon NorwegianProposal for SpecialPermits
1990:2 RdltiOI1on Special PermitCntohesby Japa11inthe :OouthemUemisphere
1990:3 Resolution on SmallCetaceans
1990:4 Resolution on the DirectedTake ofl)n ll's Porpoises
1990:R~slotioonRedi~rctiRn~g,shTrcan.Js Non"Lethul Methods
1990:R~. luooin Supptofth U~itedNmioGen~r A S."'ttytllitR~g dtlnLarge-St.'8le
flclagjcDriftnct Fisitslmpi!clthLivinMarineResourcest~World's 0ccans and
Seas.
lWC 4'3!! nnuul Meeting
1991:2 RI!Solutionon Special Pem1i£C!ltches by Jap(lemhiesp~Soutlwrn
199 1:3 Resolutionon USSR Proposal Pcm1iCatches in theNonh Pacillc
1991:5 Re.mluti011onCetncean~
IWC 4,.1hAnnu alMeeting
1992:2Resolution on theNeed for Researchon the Environmentand WhaleStocks inthe Antarctic
Region.
1992:R~sl oioon nSanctuary inSuth~ Hemisphr~
1.992:5Resolutionor;Specialitatches by Japan inthe SouthernHemisphere
Ll)92:6 Resolution onNorwcglanProposal for SpociaIPermits
t992:9 Resollllionon SmallCetaceans
1992: 10 Rt-solutian on the DirStridpn~phins inDrive Fisheries
1992:1Re~..luloithe Directed Take;; of White Wha.les and Narwhals
IWC 4¢ AnnunlMc~Hng
1993:4 Resolutionou Addressing Small Cetaceans In the1WC
1993:Re.:>utinn Researoh RelttC(mservatofl.argBnleeWhal nthe Struthem
Oceans.
1993:6 Resolution on a Sanctuary in the SouthernOcean
t993:7 Resollllionon SpecialPermit Catches by Japan inthe.Southern f1emisphere
t993:8 RcsoiLuioNorw~.i arposal for Special Permits
1993:9IWCResolutionon Whak-watching
115 1993:10Resolution on theDirectedTake of Striped Dolphins.
1993:11 Resolution on Harbour Porpoise inAtlanticundtheSaltSea
1993:2HesohJtion oRe~eah ortheEnv 1rotuner\tWhale Stocks
1993:13Resolution thePr~rv tonof the MariEnvin ro~nt
1993:18 Resolutionon whalingby non-member states
f'IVC 46!hAnnlll•l Mceling
1994:2 Resolution on SCetacn~s
1994.:3Resolutionon BiosphereReserveof the UpperGulf of California and theColoradoRiverDella
1994:7 Resolutionon InternaTradein Whal.MeatandPrdouc~L
1994:8 Resolution on Sclcntiirs Penn
1994:9 Resolution on Specia l Pem\lt Catch\nthyNorth Pacific
1994:10Resolution on Special1'cm1il Catches by Japan inHcm1ipher~rn
199>:11Resolutionon SpecialPennitCatches by Norway
199>1:12Resolutionon promotionof ResearchRelated to Conservationof Largel3aleen Whnles mthe
SouthernOceans
1994:13 Resolutionon Research on tht:EnvironWha )Stocks
1994:lJ Resolution on whalewatching
lW C 47!!!Annual Meeting
t99 =':6Hesoluon improvlngmecalmiN,to preveillegal tIf! wh~1e'l'1'!ll
1995:8 Rcsolulion on whaling umlorspcoial pcm1it insanoluarjes.
1995;9 Resolution on Whaling ~peci Paml1ti
• 1995:10Resolutionon rhecnviroruncntand whalestocks
l:WC4s!JlAnnunl Meeling
1996:2Resolutior1on Whalewatching
1996:3 Resolution on Improving MechllRestrict Trade and PrlleTtgr~~di~WhnleMea~
1996:4 Re;;olu1n SmallCetace.ans
1996:7 Resoluti on on :.Pem1tlatchebyJapan
1996:8 R.:solulion on EnvironmentalChange amlCetaceans
nvc 4_9!!!nnonMeeting
I'J'J7:2 HesolutiononlmprovedMonitoringofProductStockpiles
1997:4 Resolution011CetAceanf3ycatohHepo1tingnnd rlycatch Reduotion
1997:5 Resolution on SpecialCatci~hin the Southern Ocean by Japan
1997 :Resolution on Special Pennit in tNorth P:tcitlcJ~pan
1997;7Re~olu tnk\n1ronmentalChangeandCetacean>
1997:8 ResolutionSmallCetaceans
~Annual Mec.tin"
1998:2 Resolot.ion onCBtthsov ~rTiJue
1998:3 Resolutionhe SouthernOcean Sanctuary
1998:4 Resolutionon Whnling UnderSpecial Perrnit
1998:5Rc~moi9nonEnvironmentaChan eganclC~1accans
199!1:ResolutionfortFundingofWorkon Envirom11entloncem.s
t998:7 Resolutionon CoordinAnuPlunning firr EnvironmenmlReseatntAntarctic
1998:8Resolutionon CooperutBew~en the TWCand CITES
• 1998:9 RcsolutJon on directedtwhitw~hales
1998:11Resolutwon rwc Ct,necaboulhum-.mhllalt{ft'from (hconsu mptionc~lacean:s
!WC stlAnnual M<e!ling
116 19!!!!:2Resolutionon Special Pcr1liltsfor ScicntiJicResearch
1999:3 RI!Slutlonor\Whaling Under SpecialPerUi1t
t999:4 Resolutionon H(fif~cfos theConswppttonof Cetaceans
1999:5Resolutionflh11undingo[ HighPriority ScicntilicRt-wdrch
1999:6Re.J~uotooCnooprelonl)~tw te~£WCand crrns
t999:7Resolutionon SmPpualtio nf~ighlyEndan,gereclWhales
1999:8ResolutiOilDNATesting
1!199: Resolution'Dau·s porpoise
~ !!n !!ulMe~tinu
2000:2Re.l~toion Whalingof llighly Bnclangen1d fJowheadWhnles.in the (\asternCanndinn1\rotic.
2000:4ResolutiOilwhalinwtderSpeciaPeritintheSoulhcmOceanSanctuary
2000:5RcsolutiooonWhaling Under Special Pcnuit inthcNonh PactficOcean
2000:6 Rt"utionon PersistentOrganicPoll;d HeavyMetals
• 2000:7ResolutiononEilvtromalChange andCetaceans
20110:Resolution WcstcmNorth.1t\lantic Right Whales
2000:9 R<tutiononh~Conservation ofFreshwater Cetacean:;
Appendix 2 Mcmomnclumof Under5tanding Betwt-eSec~tartoateInternationalWhaling
Commission(I'WCSecretariat) as~crei utofthe C.ventionon theConservation of Migratory
Speciesof WildAnimal;;(CMS)(UN1lP/CMSSecretariat)
IWC 5JU.nnualM~eting
2001:3 Resolutionon WesternNorth PaciGcGrsy Wl\alt:
:2001:4ResolutionrhincidentalUapturc ofC.etaceans
2001:7Re-slutiun Stluthe1e.mi:; MphtkWrhaesund Speoif'er iWhHhng
200l:8 'Rcsolutiooon ExpansJarpII WhaltninNortPacific
2001:9 Proposed ResoluonJ.ntcroctionsBetween INhalesand Fish Stoch
2011:tORI!Slutionon the.SrockhofinCorwentionon PersistentQrgahicPollumnts
2001:11Resolutionon the lmpon. f HabitatProtection andlntegrdtcdCoastalZoneManagement
2001:12Resolution Dall"sPorpoise
2001:f3Resoluonon SmallCetaceans
117 Annex ll
IWC Conservation Work
[J\nAnnotatedCompilation)
(197~2001)
IN'fJW I>UC'fiO N: TJil\ I'RO<;Ri i.'iSIVI( OlN IA CONSI<:I{ VATIAGENUA IN 'I'UIJ:
Th"TERNATIONAL \~l:LINAGCOMMISSI ON.
A primaryob.fccclthc. tcmational Convention for theRe\Vhaling,slated inirsPreamble. isto
conservethegreat n.Aturnl resourcesrepresentedby the wholestocksforthe benelitof all mankind nnd forfuture
gen~i ousAlUll'ttgitfirst25y<:all ntemutional\VhalingCommlbs.~inorgaofthConventi~'n,
remained a relmively exclusive forum of u few whaling ruu.ion,sover the last 35 years thelWC has grltdually
expandedts membership and agenda.developingintoa brood-basedconservationorganizati·onwhosefocus now
~tnedbeyond thmerr~~gautiofwhaling, to address lhe 111ultitudoef-threats th.!iII bee:msracean.<w
Iaoingtoanincreasingdegree.
ThLSbroad0r focusisconsisknt withtheoriginalaims. purposthJCRW To r0n1aindT(ctiv'cina
changingworld.theIWCm~m·tiuctoextendand·updatethescop..-ofitsactiv[tadd~r"heSo;to
in•ponantandcurrentconservationproblems facinswhales today and inUle future,
'I'he thregtsfacing cetaceans in the }I" centurycan be expeotedto becom. 'l'he fi:;hing se1•ere
eflbisprojected,tocolP mcr. a<dostepilndipr~vil ouMsXploit.eadreaaparaUelincrease in
the no,unbersofcet;Jceansl;:liledincidentally. The potentialimpaciSon wh.1les of the e)(ploitation of olher marine
livingresourcestillpoorlyunderstood.Highand increasj!\gburdensofpollutapopula~ions.tllcc:m
ar~~our ofeoncern. RapidcMngestocohabitlma.w<tal de op\lla\]on~~vr~cclacdan"P''cies.
Substantialfisheriesfor"setaceans, unregulatedby the I\VC, existinnmnyorcas. ihrapidgrowthoflh.g
s~ee~ dhinpgmay poOAesignificant new thrent to whale. sTeffelcntetAceflof in1pettcling
climaticchangeand consequentchangestomarineewillneed tobe addressed.
The IWC ha~alreadymo1•ed some way alo11gthe poth of expar1din.gthe scope of ils acbviJy. and enJ1ancingil•
capacitycopwiththeincrcasmgc:dcnl anddiversityof threats racingcetaceans,
Itiparticularly importantlorthe!WCt1\collaborationwithinom:aualna~ctca.:wsit. astal
states,toensurethatthe.conservation needs notneglectedindevelopmentsanddecisionsthataffect
themarinecnviroruucnt. ThestrongscicnortheCommissionmakes it wcU-plofullill this n:rlc.
Thishnckgroundpaper providesmaryolIWCdecisionsand actmeachofitmmnareasof!lctlViry, that
indicateprogr endeto date (l•wardsdevelopn~wllgends. and provperspec ftrivf~t~.ture
development.
The developingn~crv inpirdactivitiesof theI\VC arc summarised underthe foUowmgheadings:
1. ScientifioResearch.ing.thecle1•et non-athlteohniques
2. "Small" cetaceans
J. Incidentaltakes ofcetacem1S
4Non-consumptiveutilization ofcetaceans
5.Jighlyendangeredspeciesandpopulntion,;
6. Whalesand theirenvironment
7.Ecosystemapproachesand int.el1i other murinelivmgresources
8Sanctuarii!S
9.l:ircfem~anlcompliancewicon~erv _1\i8onUTI
10. fanagcmcor ··soientillc whaling''
11. Collaboration withotherorganisntion11
1181. SCI£N'ill'I C RESEARCH
A cmmi l~nt scentifre~ar istlfnl~cnlriticleol' tGR~ . Inthe firdecad.: e~iofcits
theIWC reliedalmost exclusivelyon data eollecteoperatwhiodcienificactivitiesor thelWC
were limited kl tne application ,)f traditional st,)el;-ast<those u5ed in otner fishe-ry
managemenbot~ 0or the determination t>fwhalingquotas.
Overlimethecienti-ficactivitiesof liSc1entiuc Coitiehvetlcvclopcdsubstantially. Scienceis
nowamajoremphasisof !heIWC.Its ScientificComminccgathersunparalleledcxpcniscinthescienceofcetacean
CQnservntio,nmanagementandpopulationassessment.Thengendaof theitteeisnowlongerIimited
llis:sue;;rl.llated to tltc regubutoversthe spcctrtunof cumcrv3tion il;suesfat•ingt'ttactrJns.
Therelollowsriefsummaryofthehisi.tlevemlnpof thelWCcutntresearch agenda_aodanoutlineof
the nedcvelo npmntareclesc urterud&r thesubsequentheadings.
1.u)lnlemalional D.ecade.n>(CR/1search:Tht>need for inoreHsedwhflWitidenlil'iedin the
J)eclamtionthe liN ConferenceoUlanHnvironment(Stockholm, J972).1nresponsesiabli~hed
the lnt(lfnationalDecade of Cotaceanit2~'Annual Meeting in 1972. The aim of the IOCRwas to
develop aresearch prog,mmmefosi.Oah~twou)chelargely Independentof whaling operations,
The lDCR.programme didgetundmvay until 1976.Md irsmainwasotheseries of annual assessment
cruiSforbaken whaks inAnllicr~ iihwore conductedc-&hcaustralsummerfrom 197819 to 1995/96. The
secondDCRfollowedonthe tmdof the first in 1985. The cruisesinitially involved whale marking exercises.that
onlyprovidem onsubsue.ntc~p tywhali]1gexpeditions, butCron119$4185onwards,exlthalvely non-.e
methods~reused,pnmarilysurveysbased on visualsightings. Since 1996coritienud~thehave
Southern Occnn Whales nnd Environment Research Programme, utou~ hashirled, fpure
populationS'-'SSonese~r aoedat identifther~lati bewnt~heabunduntofwhtelandfllctors
in theironvironment.
1. b) 'fTteC:omrr ehertst\•Ur•tllthe mid. I9RO's,the mainworkof the Sciehaheertnmmittee
provideshort-term 1t1anagement adCommi$o-n~on the exploimtion of the major hruve$ted stock$of
economic Importanceto the wlwli:ngindus!ry. Givan the limiteur~gt.ature of the advice
required.and theinevitantentions natureofscientificadvicewithdirecteconomicconsequences. the Scientific
Commi1tec had littleopptodevelopabroaderand longer-termapproachtothe$Cientificassessmentof whale
populations.
Atit34"AnnualMeetini1982,thIWC adopteclthecessation ol'commercialwha. ling from1986orrward!;,with
theprovtsionnComprcllensivcA!<.qestlheefFecrsofthisdheiconducted.Rcsolutio~dopdli'
bytheiWC in 1983,outlineda frameworC<mprehen Assisment. Theconceptofthe Comprehensive
.'\il$essment sootl ex1'andea.sessndmfteeffects 11fthet rium deciper.<h)itlclude an
asst.ssmcntwhalestot;ksin greatt;rbreadthand deplhps~blei.the context of providing short
term managemerlladvice forwhalin_g.A Special Meetit'lgof the S!eld in Aprll 1916!, made
rcCotnlllcndations lor Ute scope aucl conduct of .Ass~ssmhechih.were adopiGd by the
Comm s.~ aiis38\AnnualMeeting. The ComprehensiveAssessment includ-emene:tsn
i)methodological: lievclopmenLanclapplit,'<llioonf new melhods.incluuingthose independentof whaling
operations,ssert rhe sand trendsof whaleporular.iorm;
ii) a seriesof in-depth assilslaws and trenm~iofwhale populations
iii) reviewa.ndevaltllltionofmanagementoprodcure..~d
Th~mainconclusion:toComl'r~hemive.A .ih;epestome.htdok'£)'weroe:Twhuli' nag-s~d
methodsof.asscsssuchasCatcPerUnitEtJoandMark-Recapnumelhodwer of~nuteutiliSeveral
exlstingaod new non-m~h-odw~~(eoundto h!lveprot11l,etheir development I<'sRg1Ver\prio(ity, including_
- Visualur.vs~
- Photo-identification of individua] whnlcs
- Telemetry
• DNAmethods
Thesenew non-lethal metl1odshavenow largelthu~ld whalfng-hns.ldmethods ofstudy, althoughone
119 •uemberstate continuesto01thekilliofwhales forscientificpur(~e.ecientificwhalibe.low,.
Re~olut 990:5, on redirectingresearchtowardsnor•-lcdml methods,welcomes(his dc1re!opmentand calls on
n1emhersto highlighttheir useof nonthotin.hir researchreporl'>
ton lJ>rehe.A;;:,- nel~fma~tr hnlj;\ockswereconduc0\'eth subsequentyeassfollows:
1990: EasternNorthPacdic Gmy whale;;
Southerntlemisphere minkewhales
~onhc memisphere minke whales
1991: J3owheadwhRies
North Atlanticfin whale;;
Northl';Jc1inkewhales
199:i-6:North Pacifie Arydes whales
199~8 Right whales
.:!001-:!: Nonh AtlanticHumpbackwhales
TheComprehensiveAssessmentSouthernHemispherehumpbackwhalefl.isCWTn progress, butnodatefor
com,pletion has heer\ set A reMSCSsmetnof!ioiJthem Hemisphereminkewhales. promptedby the po!;!i;bilil)>ofa
serious declines1ncethe la$tComprehe•JSiveln199(1ise.xpe tobecompleted[:lOI}l
Alsoincludedinthe ComprehensiveAssessmentwasthedevelopmenlofaRevisedManagementProcedure(kivU>)
which wns approved by the Commission in Resolution 44:3, ndop~·one e. !mentof o Re•v1sed
1Yf.anagomecheme(RM.S).The:RMSisaunt'datprovidingacomprehcmsivcancls,c;:the regulauonof
commercial:>.'Ploiofbaleewl:tles, toguaranteeprot·ection !'romovereyploitationin theshorterand )(mger
l~r.Trn~contenof~ Rl\llShavebeen furtherclarsubseLnqRu.enuion(1994:5: 1996:6: 1998:2 and
1000:3).Moot elementsnrc nowagreed,And1tis anticipatedthatwhentheprocess iscompl:bletheTWC will1l<a
to shift irss attentitomorc.lorwa-lookintaaksthantheregulationof a legacy industry.
The othermainduvclopmontsinthe l'WC's scic.ntiticagenda, include·
1.c) Range a(wecies co1•ered:WhilethelWC prevlously focussed onlyon speciesofdirecteconomicimtXJrll.ance
for wlmltng, ilscov·emgc nowexteSpeCJsorwhich conservationactionis neededormaybecomeso in the
future.includingspecieswbich aretoo ,mall fb~a rarget of incllhalin~e "Smallcetaceans"
and Highlyc.ndangcrcdspecies" below),
1.d) Geographicalscope:Whilnvchrreviouslyconcerit~ aairly withhigh-latiruderegions, where the
commerciallysignificantconcmtrationsorlargewhaleslmvetmditionallybr~ceynershaveS'can
groWthin reseainS\lb-\ropicaland Iropltal waters,including the watecoa~f ttt11andthe
adjacentocear~s.
I. e) /langu o(/I!Yt:atsPnwioesyuheIWC only consideredtheeffecl'iofwhalingonwhalepopulntions.
whichwasreasonable inthewphonthiwasbyfar thegreatest lhre.t•l lo whalesi;.thoagenh~C'rd
el(patlcledloinclude: icatc~hpesutants conmtiana:etfctsofexploitallooofotherspeciesonvvnich
whaks depend;cfi'cclsofenvironmenta.inclucclimatechange;habitataltcnlli'onandcl1nmscahon;
pollution;
1. fResMr~ ca/aborafirWhilech.I:C'sscientific work wnsearlier on a stha.,tisexpanded
ugenduhas shifttJemphiiSi:llowunwlti s~ipilyncalabl,ratr-><~u rithvoa!Ssilliand ·other
internationalorganizbecaustheISsusndthreatsarciru:rcaaing)l'ochattuWhCcannot3ddresson
il'<own.
1.g)0/heri1erssueon thscil~'lagenda include:
- Scientificaspectshe managemennonc-onmsuti vtltation. includingwhalewatchmg:.
- Sci1Jlieaspectsof onfow.\rncnland vcmethods,such asDNA tt'Sling ofmarket products;
- Issues associatedwith the hU111ahnealthnsks ofcon.tamiruu:edcetaceanproducts.
1201. h) Associated with the development of the scientific agenda_has been an expansion of rhe range of scientific
iliscipl{net~hIWCmustcallupontadr~ thsquetions hefore it,am.lanexpansiOnof therangeof countries
fromwhichexpen$withknowledgeofrhc localcctaoarerequna iai~dlarlydevelocountr Th~s.
00:hig)1i1ghted the need h) develop mean5ll) l'rovidethe required assistance for soientilicreseorllh Rndcapacity
building. includingGna~sisl tndnteemeasuresl~nablseci~n atdothrcsxp~ rom dov0loping
counlril-,;toparticip' orkotheCommissionand Stinti{ CommiU~ .e
2."~'MAL" CKI'ACEA.J'iS:
Z.a) lo itsCirst30 years ofexisl<:nce,Chitlf~lmt>sle.xcly Withthespeciesof largewhale of
mo~ nteretoindu.'ltri1nwhnling, in~perwhalesandthe largerbwhAe~.Overtheyears,therange
of~P<'ew.;ihtheCommissionhashownan interestinhllsooenl extendeaoutline<lchronologtcally
here:
1974. Filmeet:thgofIWC1Scientific Subcommitteeon "SmallC..&ce!lf!S
1975: Establishnwnt of theStandingScientific Subcommitt.:u-on Smallcetatilic.Il recommended
Commission that memhers repon statistics on all directand accidental takes of small cetflceansto the
Commission. Specmanagcmcmr~~'Ommn cwdorpiovidedonspotteddolphins,Dall'sporpoise,
hurbourorpoiseand Inrivut~lhins.
1976:Adoptionofan agreedlistofsroallcetaceanspecies.including64spGciesol'smallcrodontocetcsand
2 speciesof sn1allerIhale(IUWC 27;3tJ.31).
Resolution1977:6on reportingrcquiroruc:ntsfoc haling.coiledon rn=bcrGov c10.nls
suhmitstatistics on all directand incidentsIcetacesThes'.republished by the IWI
from 1979onwart.ls.
The nonhem boulcnowhalw~s includedinto U1cIWC Scheduleas aProtcck tl Stock(RJWC28:3:5)
Resolution 1980:8 oext~ennof the Commissir~poi bsliyfor smallcetnc<!lln,sdirected the
Scientific Committe.!ontmuc to provtde scientiftc advice on smtockto~member
Govem m~ns.coastal States..ain.let.sgovernmentsand inter-.govemmentulorganiwtions.
2. b) Durithe1980's. the ScientificCommittee annin-dcpfh assessm\lntof ntajor exploited small
cet~acnSpecies, on a rolliting b:l$isas follows:
1981: Whtre whales, narwhal. killer whales, 11iltowhales;
18.2: BlackSea dolphins;Eastru-nTropiCal P.dcificspoucd and (Scn~llsap.) ami
stnpliddolphins(Stenella tooerulroalba)inthe Western Nonh Paciiic;
1983: Porpoises: harbouroise, vaqu.itaand Oall's p<J•poise;
1984: Cephalorhyncusspp.: Hector's dolphin (New Zealand),Heaviside'sdolphin(Southern Africa),
black dolphin (Chile) and Commerson's dolphin (Chile, .1\rgentina, Kerguelen)
1935: Bainf s b.:aked whale;
198~;7Pilowhaa~i>the North Pacific and ,;n t.heNo1th At.lantic;
1988: All beakedwhales;
1989: Allpilot whales;
1990: Porpoiws:harbour porpoisv, Dall'svaquland :;pcclaclcdporpoisllc
Z.c)During the 1990's:
Rt.-oshtlion 1990:3 ocrac~al.nseCommissildir ~ccthe ScientificCommitteeto propar" a
comprehensive reportonall stocksofS!nallcetatodirectandincidentaltakes,antogceed
present a report of this work to UNCED(Rio 1992),
Resolution1990:4caUedon JapontoreduceilllkillofDaU'sporpoiseasrecommendedbysck ntificadvtoo.
IH
121 He!oluli 1991:5 on ,;t'eta ~r.aresh~ Scienti~omml ~ts report UNCED amhl l~u
forwarded it. The report is published inRIWC Special [ssue 15:73-130l~1of66ncludesa revised
·,·maceta~ans·ecidecognu iz~theCommitte~
InAgend>Zl adoptetn 9~ atllNCED, Statagr~ odrecognithework of tIWC Scicnlific:
Committee on all cet(chap:17.9).
Re!!olution1992:9 onceta~,lcaoig thetlecisions taktn byt.iNCED:c-alled smaUtates w1lh
cetacepopulati sobj~ttoanthropogenictt,Teat\, t<;s>eekadvicenvitehh~otelevanu
organin zs.~cldongICESandagr~cl msoncluded undCMS, to c"changc infom1ation with thc;
JWC;invited memberGovemtnenls toprovideassistanwitn~clareodemallt.elaceanstocks:
and instructh~ScientifCommltt t~ecominue ·its wora:>Sas t.raistgsmnllctnc~l\1'1
pop\llatioru;.
Inviwof the long-standin_gdisputexteofthtIWC'scompetencefthemanagemento''all
ceacea .heCommissionagreedt~rablha sorkinggroupeon.~ amdccrrustoaddressmall
cetaceamsthe IWC'(RCI43:50).
.Resolut1992:I0onthedirectedtakeofsrripeddolphinsindrivefisheJapatoaddreol:t~
problem.
Resoluti1992:1ordirectedtaltwhitewlmlesand narwhals, calledwithwhitewh;tand
nanvhals in their 1take~pprpoiacte.~rvat rn~nur.es
Rc:>alution 1993:4 on addressingsmaUcetaceansin theTWC,adoptedby consensuteldentifieda need
improve mechanisms for handling small ()etnceans in the TWm~chm1iuds,msns,w~·
p-drticlpationofcoastalstales, incluuingnun-members, insmallcutaavaibiitandh:improve
quality of damsmalce!Rceans; secure funding co<C>liaState psmalcetacean is;mes
develophe relationshipeethetWCand regionalorgani<ationswith rsmalcetaceans.
Resolution93:10onliedirected takeofstripeddolphin&againIatakeappropriateactiontc'
conserve:>tirped dolphinssuhjeettn its drive fishery.
Resol1t i99n;11unharboporpoi i!eeNbi1hAt!untie1l ahSe~c.liedonthe.raSat<tel~
meet the Scientific Committec's requestfor moreclata onpopulauon. abundance,incidentalcatches, and
pollutaev~lisharbour porpoistaksepsIaeduo icidentalcatches,andtoonprogresth,:
folJowingycIlal~oagr ccopeanionwittheneAgreementonSmalCetaceaninthc.Noand
l)altSeas (ASCOI3ANSestablished CMS.r
Resolution199adopt~dyconst,nssp~if1 ,edrtsto bemadt wimprovecollaboration wilhcoasial
States on small retaccan issues; established a voluntary fund for !he partJ.ipauon of scientists frOn
developing CQUniter.sln small cetlcean work: and agreed to co-opeorganization~;TPi and
etablh~eunderthauspi ooC's'.l
Resolution94:nn h~Bio.qp hererveoftUppe·~(u}lCalifnm indtil.!CodoRiv~rDlct
commenuedMexico oi~e.Tonsto protecvulq,land invited othe.r memi:-ersto provide ussistance.
Resolutitm96:4 remindmemb~roflhe.pruviousRe.solutions~:etacl aeaivi;cmemb.:1·
(}overnmen.tsreportonprogwiththepreviousrecommendations,
Resoltion 199calle[orUc workof0.1cScienCommitt oe=a U cetaceatobecontinuand
for membersco-opW w~thil
Resolution98:on white whales,calleuon Staleswiaopulutionstocollabomleinthe Scientifi(r
Ctlminee'sassessmentof be.luga.
Resolution99:9 onDall's porpoises,instntctcd the.Sciom.ificComnuttecto conduct an assessment olf
IJaJIp<;~rp iol1)ealid invitedJapilnto suhmit in(on11Btion.
~-d) Mcmoranclwn of Understanwassgn~ in19991villiUNEP/CMScnsurongoing co-opcratlor)
Jl
122betweenthe UNF.P/CMSand IWC Secretnriats withcetaceru~<
2. e) th2011(s1"
Rcsolutton 2000:9 on J:n:shwaLrecetaceans, calledon Stateswilh!'ruislll"dlcrcetaceanstocollectandsupply
informationnnd to ensure thatconservatifr~.shsooaae.n:rre takenitcountinriver
developmentplan£
Japan indica\J12(Hthat•t would ceasesqemific collaboration onl(ll!allcetaceans, tithe CDmrniss1on
pursues its plantouran ass<:S»nftDalf s porpoisein 2001. Asfrom the20Mc~lng.l
Japan withdrew itspartidpm.ion inScientificCommittecetcen;m~ndcleolined rosupply
any <.lawon Dall's porpoil;e.
Resolution01:U onDall's porpoise, calkd tor t·CommittcctoconductafullasscssnNnt<.>f
Dall'sporpoiseand forJapan to supply the requ.ricc.linfonnation
Resolution 2001:13 called on members lo rc5pond lo Scientific Committeerecommendationson small
cetaceansand forthe Committ.:.e to regulRrlyreviewtheimplementationoflfurthermmendations.
encouragemember t~pmviclctechnitlll, scientil'icand financialsupport to range StAtesto assist their
small cetacean cons..r:vati.n mcasurt'S
2.f) During 1990'sand beyond,the Scientific Comminae contir1aedits assessments ofasmall cetaceans on
roliltingbaflfollows:
1992: WhitewhalesanawrhL;species tuke)·uxme tric fish<>ri<'->r.
1993: Smallcetaceans inSouthca>1Asia;
1994: Smallcetaceans ioLatin America:
1995: HarbourrpoisesintheNorth Atlantic and Baltic Se;;:J
1996:Lagenorhynm s spp;
1997: Smallcetaceancoa~ltatersof Africanndstripeddolphinsthroughoutthe world:
1998: Smallt(•tainthe IndOc~a n,elSea. t.'O laastaofrseArabianpeninsula:
1999:Bycatch mitigation,acousticwhitw~hls~andn:mvhals:
~ri<:)eshwater cetaceans;
2001: DaWsporpois" anc.l
2002: Humpbnck dolph(Sc)Ispp.);
2. gSpcciallssues ()fth~eplClnsmnllcelllo hivellen~ulsh~da.f~llmvs:
1988:Thegenus Cepltalotf tylu:JJs;
1993: Pllotwhalcs(N _Hcmisphoft'only) and
1995: Phococmds (porpoises).
2. hAlloughtheissucof itscompelence tomanagesmallcetacennshnsourceofcontentionwithinthe
Commission.the anitude ofnllmbers is graduallycham~mb<s,who hadpreviouslyhadreserva.Lions
aboutthe IWC'sI\Jpete.nce foce~:<~l haeasnsechanged their views.
Z.i) Jmplicalions forlhe{WCo~~anlceork:Despite diiTering viL' comp<!to managesmaller
cetaccnnspecies,scopeof the fWC's workhn graduallyextended overtholast 25yearsbeyondthespeciesof
trntiO.llteresttothe wlmling industry(b~eelnt\tlsperm whllles), to c,wertliefull rangeof cetacean
species.This has broughtthe followmgshiftsof emphasis:
(1)A shift away from a concentration only for whales in the lraditional high-latitude whaling
grounds. of intcrc>i to n:lalil'clr few co1mlrics, lo a]so include 'inecics and popululions
Iem~ra ntetropicalwaters, includingin particular thecoastal waterso, many morecountrii!S
ancJof developing countries in particular,
I~
123 (2) Ashiftawayfromconcernexclusil'!!lywithdirecte.xploimtion, towardsadcLessingthepanoply
ofthrati:ncl' a~cdintl dntangh:menl in fishingneLd~gn~cltaaatexolsion,
and so on. that facecctaceana,smallron~s.
2.D l'or thise-xpansionin beeffe.ctive, itnece~setaivolvema11YmorecoastalStatesintlw
work of the !WC. prufcra:fuU m~'1a1-sTh1nc~d to improve the participation of coaslal States.
particularly developing counlrics, in lh~Commission and its Scientific Committcc. has ooen
reco~ni zse'eral JWC resolution!i,inc1udin.g.theneed fotsce.ncialR.<;S
2. kThediscussionsonthecompetenceissue.have rcvcaicuthata distinctionbetweencetaceanspeciespttrcl)
on theasisofbods~zienolongerthmo~ useful distinctionwith rcon.~etorondmtinngemen11
issueRath~trandistinguishbdw~e nsmalr and 'large'cetthe~WCshouldbringitsclassification
into lineh li:-JCLnnddistingwbetween (highly migrntory$pcciesofceand (otherspecies
1he highly migratory inciJCi holi~edin AnnexAoUNOLOS, pi"Iny otherspecSIJheuenl.i}
contim)eutbehighlymi_grator,y
2. I) Whil1 IWC remains the primary orgnnizationfor the manogcrncnl and conservationof the highl)
migmtoryspecaes,whiArti c8oftJNCLOS r~qui Statstoco-opemtewith,primaryresponsibility for
th,·remainsp~ccifi}withcoastal Statesandregionalorganizahons(suchas thoseestablishedunderCMS)
The IWC'smainrolhereIstocontributthfom1ofscient:ifieassessmentsandadvice. withthe:t1ce
coorn ~ltiorscientificn:scarcb. and 01c buildingofscicnlilic capacity.
3.JNCJDF~\'AL TAKES OF CETACEANS:
3. a) thepasthe m11ootc h~oes!ceanwer<lirectcatchesby whavesse 'l~a.morc~eat(t~lae
killedincjdentallyinnotsthanarccaptured.deliberappro.'<i:l2matctleansw;rrcrepor lt~dl:il
inci~n~dlanyapproximately 2000 duliborately, bnumb~hkilled mc!denl is bcli(d>oomuch
higheUCRM 4 (SuppL):387-.39lJ. )!0CJ2
3. b)TheSoicnlificCommitteeoriginallyrccorurncnded,in 1975, thaidw~fosdcllbcralecalc:hcs
ofaUcetace be~nb.it.colhcCommission.Thiswasagreedbythe CommissioninRcsolu.tion1977:6.Slatistics
on incidentnlcatches have bee.n published inthe.ScientificCom1980eAlthoughthe numberof
countrisuppl)•iinfom1ai n hin'fesdo~er1heyearsfrt4in1979 to 1i2Ul0,th~information i:;still
very iucomplete,
3. cR~suolln1990:6 supportedtheUen~r Aasell)binil v~o l.i~theproblemof large-scalepelagjc
drifrncr.ingand inOctober 19theScientific Committea workshopon tl.1cmortalcetaceanin
fishn<gnets and trnps SpeciAll 15'-S. 994). The workshor concluded that incidentqltllkes were
unsmtainable thehigJ1ly endEmgspecievaquita and baiji. and that these facetaks~re not if
climinalc[addition inciclcntawerk~stimatccb~unsustainable forseveralotherpopulations, including:
-Hwnp- backcd and botllcnosudolph.inson thecoastofNatal, SouthAfrica>
- $tripeddolphins inthe Mediterrnneanand
-Harbour porpoiseth~w<:stemNorth Atlantic.
3-. Ca~e shere th1<levlllke wunknownbm believed likebeunsusminable ;nclhdetl..
- Duslcydol("hlinJ>in thee!lStemSouth Pacific:
-No rthernright whaledolphins in the ccnl!'!llNorth Pacificand
-S['Jr whales inthe Mediterraneansea.
l.e.ve.f incidentaltakes inmanyotherareaswere unknown hutconsidered to besignificant.
3. e)Partly bascoon fmdings of the £WC wor'iUoNGeneralAssembly adoptedRcsolurjon 461215in
December 1991,which called fora morntoriumon pelagicdriftnetfishing.by lheend of 1992.
3.f)In 1991, the Scientd1c Coprep~ada comprehensiveglobal reporton acctacll~aulouons
suhjeottnoid tlnt~alhatWH~submilleubytheCommissionin1992 to LD(jlfWCSpccuilss u:·76-
130).This contributed to UNCED'sreGognitim ofrole withrespect toaUcetaceans.
1\
1243. g) Following l{estl!lttionharboupurpoi t~r-c~.uii(o.;min~ oenduot.exterusives'Sdi<
during 1994-97 on the assessment of incidentalcatchCllo;fharbour porpoises. the effects on the populations, and
me:l.sof mitigation. 19<JonwArds. this work was continued by a joint working group of the IWC anti
J\SCOBANS.
3. hResoluti1997:4on cetacean bycatchreportingf!l1dbycatch re.duction. dfncthat many tothe
membersate not fulfilling lhcmobligationto repcatchcac~called upon themto dlrom1998
onwards.lJowever,the :)cientlticCommitteeIn 1991)re-iternted itsconcern thatincidentalcatchftgureswere st.i.llnot
heir1~bolndefrommnnypan~of theworld, and called forthis defidency to beremed\ed (.JCR/v/2(Suppi);Sn).
3.iResolution 1998:2 on totalcatctim.specified, fortbt: first tim<',thai incidentalcatches, along •vitb
collsiownihsh1[)Saot~hsourc of.tunnn-inducedmormlity, should be considered on a par withdelibernle
catcheandshouldbe countedtowards total allowable.removals.
3.j) Th0Scientific Committee, in 1999,hold aspecialsossiononaroustic mitigatiCn'lmeasuresto reduceby-catches
('pingcrs·thatwamcetacqfthe presenceofnets). While thismeth9d appearedprorois.!ng insome triil)s, h1ore
studies were idenliued 1hatneeded to be conducted. lo determine how dTcctivt \bey wouldbe inpractice.Itwas
concl'ulced that ac.,ustic wm-ningdevices would not be a sullicient reme-dy fix the problem of hycatch of the
endangered quita. A further work$hop heJdin2000. examinedother metmii~tin.ycatch
3. k) From2001onwards,the ScirJJtilic Committee hargulcsubcl1mmiuee on•'Bycmch and other
Hums n-TnduccdMortalthat111eetasnnually. So fartask hbeen to develop methodimpri~vg
estimationof tile actualamounts ofsucnmortAilty occurring.
3. I)Resolution2000'8 on WesternNorthRighWhales, and Resolution2000:9 on fresllwatc.rocraooans,
rerogized incridentalcatcofthm~ainfactors leadingtothe11redicteofNrotwe~Aotlanticright
whales and the rcp~cvt1l.y
3.11).1Resolution2001:4onthe incident>ltcaptureofcetaceans,notedthat incidentaIcatchisalsoa majorconcernof
olhcrorganiialions.mcluclingorganizations underC'\IISa.ndsupportstheScicntitk CorruniUce's workonlhci:;:;uu.
It furtherrecommendctlllm entangledwhalesbe releasedalive wherepolhi~nosposstle. tltcy
should onhe u.~cod mercialwh~nn DNA ~amp ssubmi~ndto the appropriate register and thehycatch
counts towarus:my cau:h limitthatmightbeinforcnotopr~vetutilizationofunimals\hatarealrdady
dead,butohelpen~rethat ..bycatches" do not develop into a formofClrwcoregulation.side
3. n) Ilications for the IWC of woin<c.l~tnksJAilthough lhe issue of lnci<.lnelJII takes has been
consideredby1hc.IWCover20ycorsiuoosometimtlbforforincidentalttobeconsideredon aparwith
directtakes and in equal needof managementL~esoccur ina bmader r-angeofcountries. regionsand
fisheriesandirect taknd hencetheir maoogt will involvea substantiRIt) the IWC's focus.
Manag m~n tf.incidental tak".-Swillalso require moret'Xlt:nsivccollaboration wilhother bodi<'S.includingcoastal
States.regionalfishe1y organi71ltion,sregionalcon•ervationsgrbod~eincluding FAO. lJNEP
andC?\•JS. The major scientific, techchlaln~ginclude:
-l mprov1ng methods ofmonitoringinci<kntaltakes:
-Uevd opmgtcchnicul meth<XItso reduce iak~dandal
-Developingandmpl~1etingregulatorymeasures,
-1NON-CONSIJI\Jt>TIVE UTII ,JZATIO NCETACI ~ANS:
-1.a) The lnte.mationa1WhalingComh~s<dfessedthesubject of whale wsinh1975. Astheonly
globalbodyr-ponsibleforlheconse.rvationofwhale-,sthe fWCfou~foral11cslofthedisu.~sion
regarding whale watdung, inducli11gthe.scienrific:, legal,.socio-coonomic uml educationalwpccls. The IWC has
provided the functionof a clearinghouse for rhecollation. analysC,and dissemination of information on whale
wstclllnglo bothber andnon-mcmbcrGovcmmcnLs.
TitIW~Chasperfomted a t•ritical function of provi<ilng a lrd!Ueworkto help coastal States ciraft regulationsand
gui~lne sndpeer~vio ewh~sciemilie aspect.soarisingfromwhalewalchillg,Thishascontributedtothe
overallsllStainability of whal~ll.nsuring that the economicand educationalbenefits are capitalized
upon
II
125 4.b}1975: Concewere.p:-e:;wi~iclhIWCScientific Committee, tlllloota~nteringSoa!Tim(>n
and other breeding lagoon:;in Mexico,which had started in 1970, miwhat~. detrimental tolhe
4. c) 1976: Scientific Committee theCommission to requesUStahd Mexi.can(}overnJ•1e!lt$to
..... establish rct;ulotions to reduce hawhlae~in all their brccclingorcas... The Commiss10n
responded byadopting a Resolution. proposedby Denmark, that noreaommtCo~indnd that
'"'hty whalesargenerally prot", and rct\Ommcd~. that contracting governments :~uchablish
r.:guJatassootaspossible."
4. d) 1982:The USApropos,:dat theIWCthatU1tre should be a specialmeeting intheSpnng tJf1983."toaddress
thnon-consum uilzton~of cetacean resourcl!S,giving consJdentlion to educ~tihau11creation,
cultural nspccts." The TWCagreed to co-spon!IOrsuch a meeting,
.4e)1983:The fiwh~l wntcng oonferen~w ha-sAIiveWR.heldm 3nton.with the pnrticnftl1eon
JWCSecretaryasanObserver.
4. I) 19''heoutcomof~the confereWl!consider<l y tIWC. inc[liCthat tnew issue of non
consumptive uscs howd 00conbydthrwc.
4. RMolulionl993 :9:Firstwhole watohingresolutionadopted hylWC in 1993,establishingnWorkingGroup on
Whale Watchingomt-et tothe 1994IWCand inter ~as:mb~eumlsummuriseinformationabout whale
watchingrom both part;yand non-partystates".
4. h) 19'J4: watchingworkinggrm~~tsj lp~rtoteJWC. vnderthechaim1ansofFvonua Assn~
(Nth~rl ~}Thd.11a1in docwnerltcon~ude0 nwaithe report preparthSectetary on ha;iof
ovcn•icws provided by l Govrenment,amely:1\rnti,Chile, France. Ircland.Mc.z~aland.
Oman.Spain, SwedelfK(including Clritish Virgi11fsiAnds and CnicosUSA.alhere we•re. in
addition late r.m;Japan, Bmzil, i\ustrali'dand Norway.
4. l~~outio 1n94:14Resolution on whale wat~dopt wnichintRra lrequests th.e,;ubtuission of
infonnntion by Conuacting Parties on whaequesta~vice from the.Sciantific Committee insc!tting
gllli~e,and requestslWCeto keep under revlew all aspects relating to whale watching
4.j199~P. s·e:the IWC Scientific Committeehas addressed a largovariety ofscientific issue!>conccnning
wha1ewatclling, Astanding whnle watco rnitteeofthe ScientificCommitteewnssetup in 19911fromthe
WorkingroupSi.ltup in 1995. Matters addr,:sedinch1dc
Identifyingand =e:;siposslibf[e,1sorwhale watching opMatcet.acn/\vlo;
Jl.3iningcw:rentstatus ofmethodsof assessmentofimpructs,includingassessmentof behaviouralchange;
Providingvice on managementor future wwatchmgbased on assessmeimpacts;
l~eieinginfonnation on noise produGtion fromve.sselsand aircraft and its eiTects on cetaceans:
Todraw up a setgtlidclinesto assistcoaslal states in themanagementof whale watching, based on the
e.xperie.nm~mobe.rcountries;
Considering thee~s of~ontble short and loneff~noeth.slo:watching, and some special
situations such as "swim-with-·rrognunmes and dolphin feedingprogr'I)Tim;;c;
U\ilizingthe oppois for scienJ't'lKconducted from whole watching boats and
• Research on the e!nl!ss ,1f,andcompliance with, mRnage.me.nrmeasures.
.4. k) Rt•solu1996:2IWC Resolutioudpt~dwhich.m~r nliaoommitte.dth.: Commission to di;>evss
educational economi~oiadl!pectsof whale watching at itsAnnualMeeting in 1997.
4. 1) 1997:considerstheeducataspelcfwhale watchm_,gThe ~-ubmi itfreationmd•catin>glhe
potentialucatial oppon.t.tntiiesthatarcavailablethroughwhalewatchingoperations,andhowtomakebestttSeof
these opportunities.
I~
126~.m) 1998: IWCconsidersthe sodo-economicaspectsof whalewatching, indicatingthat
It o!Jemnew developmentopportunitiesfor coastalcommurutics;
ll canfide;;ubstantinleconhenefiL~;
Jt is a sustanonconstunvptU$.eof cet<Jc\·ano.tpportt~ifor non-lethalresearch and
lt o!Tersopportunities fon <mdfor dcvelopmorr~t:' uotchs.
~.u)199 ~lWCcon_<;Jcte legal aspecuoof,vhale WlltlucdLacompilat,oofext n~1.d··model"'
legislationand gwdelinesfromaroundthe world.
~-n')2000: lWC Considemthe incvaul~of whAlewatchingtosmnll islandde.vels, and endorses
tho~~linu iorkof the SoientLllcCommittee. The Scientiflh~d11specialtwo day workshop on
asse~> t-slnggtermeffects of whale watchingon cctaccnns.
~.o)2001'tWCcontinudsthediscussionregarcHng tlieva)ueofwhale watch.ingasnor\nalhlew;e)ltlvesu.'<li<
of whales New,al!tindic~ thetdhalewach~g is a globalindustty worth m1billion dollars per
annwn.
~.p)2002:The SoientiflcCommitteecontinuedtoAddressresenrohfromwhnlewatchoperations; theeffects-ofnoise
on whales and~d'oeivtesand campliane<lwith national whale watching guidelines and regulations.
~.q)Implicutioru;fot·tb.eIWC of work ofJJOn-coru;urutn:ve utili:La:io
When at the 198: Annual M\:thiUSA l'trproposed that the IWC consigtn~ali=c of whale
watching,the matter wals$ebyone Commissionofaleadinwhalingnatias~tria:. Sincettime,
whale wntching hMovertakenwhatheeconomicalmo.'ligificantfooutIi22tiofwhalresu.re.n~
agloballevel,with an estimated worthofmore than $1.000mperannum.Givenappropriak numagement.ithasgood
prospects for being sustaanabletenn.e long
4.r)Thetrnn•itionfromwhaling towhale watchingas the prevalent f0111v1f economicutilization ofwhales, impacts
the IWC's priorities in scvc.ralways. In particular. wha1ewatching mdustries occur ins much wider r.mgc of
countrie.s(87 State$and terh~l~siount) thn·n whnling.
:1~)Thedevelopment of non-consumptive use iss ke.y plunk in the nutionalpolicie-$ofmunylWC members with
respect to whales, including Brazil, Mcxioo, SouthAfricaandAustmha, tonameju;t a fow.
S. ltl Gl[L'I' I!.~REJNlI'ECU[SAN ll J>lJ),ATION$:
5. n)In1bc past 01cIWC'concerneditsc]Jalmostexclusively withspcci.:sandpopulatiorn of whalesthat were slili
abundAntenouzh to becommerciinert~gnOne species of whale after. Another was depleted to the pointAt
which it neededcompUt:e protcctitlll. Forexample,Hemi~h~rpblue.andhumpback whaks were
protectedqm1965onwards, finwhales from 197(;.and sei whales fro1111979. Rightandgr;rywhales had already
beens~ruslydepleted before the IWC'ca.:s.xen:c~me pop\Jlations have since recoverecl others not.
Onceprotected,previouslyexploitedspeciestendedtobe forgotten,as attentiontw·ned toCtUTetnlyexploited species.
5.b)lnrl'.cemyethJWChasb.Jcomeicnea~in lolstousofitsduty ofcaretospecs i~dpopulations
that have beenrilo up~et. hypa~whaling. and the need to ensure that they are clmrely monitoredand
prooo~cfromthreats thatcouldjcop-drdcoovhy·r
Theissu.: becamecspccmlly topicalin 1993. followingrevdalions thatlargeillegalcatches by the[orruerSoviet
Union had cnused sspe.o lobe even more severely depleted than had be,.,npreviously realised. 'fhe
followingcactionswc.rc taken:
Resoluti 1993:5 recogntheimportanceoftakingappropriateconservationmeasures forassistingthe
r~cov ofsyverely depleted populations, a~proposal to develop a research progrnmmc for
S01tth.:mHemispherebWhaJ~,!;
Resolution 1994:U welcomed1bcworkby the Scientific Committee in preparing ror such research and
inviteA'll proposalto be:rubmittod thg y.;ar.win
I\•
127 Recogni.UngJlmtvisualsurvavsof whalessc~tteroblce whale,sintheSomhemHcmisphan;
r~nolv~rpyactical, lhe Scitmtil'icO>mmilteedontwo items:(i)developmentoracOIJS\ii:
methodstodetectblue whal(iidevelopmeonstodistinguishthe.twotypesofbluewhallls(trueancl
pygmy blwht~l uess.1h~Commission approved the prop!995.in
Th~priorities of the lWC's Comp\:;snm~nurogmmmc have allioboonmodi[i(d to shift thtr
emphasisom commercially il)lpO!tantwecies to highly endAngered"pecies that require conse1vation
altcntiorLAccordingly,aglobalComprehensiveAssessmentofright whaleswasconductedby1heScientifi(!
Committen l99R, and a special as._<;essmeonftthe highly endangered Nortwn~~hmtic right wh11le
conductc;.din 1999. Theasscspubsih~dn SpcciallssutheIWC'sntw journJoumalq;l"
ConservalionRes«archandManage(2001).
Resoluti1999:on -s maUPopulations of Highly Endangered Whales" identifiedthe followm&small
poplitJithatrt:ruainhighlyendangered frooveH~>ov<:\pl:ol
- Bowhemwhal enlheOkho Se~ kpiL'ib< :mdthea~t GanmlinnArctic;
-Gray whales in thewesternNonh Pacific andOkhotsk Sea;
- Rightwhales throut,Northenl lletuisphere;
- Variousblue whales populations in both hemispheres;
TheResolutionwelcomedSCJcntiGc Committee'sdecision to givemore pnonty lo U1cscpopulailOns.
and callsllmembe.r;;and non-members talllfdofhes~species.
R~solu 200:onnthuhighlendang borledd whales ieast ~amadian Arctic.for~th
huntingof these wtobe ended and urgesCanada to rejoin the IWC
Re~loio2l'\0 :8!hewesternNorth Allanticr.els,noth~llhis ndagha<lpopulatimJ
numbers less than 300ond is declining,and identifiesentanglementin fishinggeat and collisionswith
shit1pRS!hetwo main cnuse.sof deaths ofthes.lright wholes. 1tonlled foship;inued work lo help
avoid rightwhales an-opemtion with the lntematiOIInlMaritime Organisation OMO).
In].QOthe Scientific Cotexpr~edeit~eruosconcerns about the status of lhe western North
PaC.J[icgray whale, including the risk ofdi>iurbanccfromintheir feedinggrounds
Resolutn 1001:3 on westernNorth Pacific gray whaltl1COImission..notes the critical
statusoflhe popion ca~llorall disturbancesrobe minimizedand forthestudies of tlwpopulation
toontinue.TSci~Jlitcommitwe.held uspecialworkshowest~mNonh Psoiliogwhal~iii
October 20f(l. bot no report is ava.ll;tbleyet
5.cImplitoinforthe IWCfoc n~hlg,hlyendangered populalJonsof\vbales:Themanagemn~tand
priorities of the l\VC hatoshift In recent years, from whalepopl~ti. ofcoSm,:rcial
importanceor poteial c!';pti.oto tl1c rarer and more endangered >JleciesWh05c conscrvalion ncMs arc
gre- tt~
Since the main threats to thesimost cases not dtakethis ch!lllge involves ashitl in focruf
twards lhckindsof conservation thrcal.'lmostcr~ndangcos:rcus,includingent;mglcrncn:r
in 6shiog gearand collisionswith ships. pluspossibrcprodu sfalreancother dangc.rs
Researche thods willalso nbeadapted actc.1rding.l,yto cover smallMd ;;pat·se populations,
6. WHA LES AND Tll.EI.R ENVlHONM El''T:
6. u)Whenthe ICwa~conoluded1946,fewof those involvedsui;pcoteclthatprolectionor)¥hale$- hahillilland
enviror\nJehtdeventlly becomethegreatestchscorrnvinwghalepopulationsforfuturegenel1ltions.
6.b)FollowingfirUNConference on ihc HumanEnvironmeni in 1972,aregular item("Effect ofpoUulionoo
whAle stock:;, including small cetaceans") ag~nplfathe ScientificCommittee. bwa~action
initiliimt to notin' inlonnation reccivuc.l
I~
1286. c) Inresponseto the Sckntilic Committee's conocmabout the lack of infom1ation,Rcsolution1980:10 on the
rm:savation or habilwhalf msl the marine envlronmeni, notes the issuL~rm sml calls upon
g01•cmmentsto submitrepor~nvironme tntatltowhalesastheybecomeawareofthem, andon remedial
me~~ur iaksn.Therwc the.nproceeASfollows:
Resolution 1981:7un pollutants in whalus ruprsawdthe t,oJaIfor inlom1alion.mentioning explicitly the
increasmglevels of heavymetals,OJ;Sanocnolrlnesand PCBs inwhales.wfules. andthenn
effeciSf shippingandoffshore miningand drillingactivities.
Tn1982, Denrnarktried togettheTWCto mkeactiononthe mntterofi.cebreakersandtheopeningof regulnr
snippingunes io-covre~dreas,becauseofthethreattocetaceansfromsonic polluth~imebutat
fi¥C memberwerereluctantto acceptCommissioncompetesuchmatters
lr'o1977thec~mmi t( e~!mmended !.htissuesamplbecollected fro11a1llstrandedforaceans
polluiant analysis.
[n1979.the Conumttr~vaow ttdpossibleefftcctt,a~.s,~pecy iaowhl-adwhales.bduga and
narwhal, of i.ndustrilpments in the NorthAmericanArctic. WHSexprG.o;h.atpolluLon
coultlbe the cause of the decline in the harbo1BnlticantiNorthSeas.
In 1981theScientificCommitteeagain recommendedthatregularsRmplingfor pollutnntso fstmndedand
otheranimalbeconductec~p~c ortootyewlna~ .ndthat.6w1\VCco-op(rdtewithICESandIOC
in this.
Over th~cJ..~wyearss:~lipnor pollutawasunderta ka.:c~onan~rtn.<a, g,mduallythe
levelof infonuationimproved,but little further colkctive action) mission, lllltJlthe
1992 UNCEJ)ll~ rthmiLputenvironmen·i:~sh~ uintototheoentreofglobat~ge nththe
adoptionf Agenda21.
Resoluti1992:on theneed for resesrchontheenvironmentand whalmLheAntarctregion,
noted the adoption of the prucautiomrryapproachbyUNCED wtot.environmentallhrcats, and
cstabl ihemipdcl of environmenmlcnaonwhale stocRSa regular item on the agendaof tne
Scientificmmittee. h dirutllScientifCommite~tocbllabo wihlCCAMLR and SCAR, ao
reso:urchthe probableefl\<otofglobalenvironmenral ohangeon whales in theAnlllrctic re.gaon.
R~solun 19n3:12 ore~;. :athehrwironmentand whak stocex't~ dtdcsman<ltae to cover
environmn\81issuesttrr\hewordl·~easanddirecltheCom)l)[Utoconveneaspecialwod:shop
on th ~ffeclli ol'global change on ceSefore t1996 llieeting. Resol1993lJ on the
preservationtb~ arincnviroruncnlcontainedaJurthcrstopolicybuldidnoLidcnlifyspecific
action.
The Scinti.flcCom01ittee noted LI\Btwork on taJ issues required expansionof the ran.geo[
o.xpcrtisc avait1!, andalso the needto colwi01otl;crorganizations, includingWMO,IOC,
TCESa nd LJNE.Given the cnonnity ofllic topic,theCommitteedecidedto''Piitit inloscvt:ralmainareas:
(a) Climatechange:
{b) Chemical pollution(cont:uninants):
(c)Direct(g, bycalcn)anti in~g,competition [or ~l't!offih~re;on cetaceans
and
(dNoiseondotherdisturbancebyhumanactivities.
Re.solution1994: tJ on msear~nvirone ndenhalestocks.endor:;edthe plansof theScientific
Committe!.'and caU,~vemment o co-operateby providinginformationandappropriateexperts.
IS
129 ThE.>orkshoponChemicalPollutamsandCamwaReldioMarch 1995,withthefinanl pon orr
Norw11andLheEuvironmentallnvesti.gatio(BlA). Th~rks,h ecmnr)nd~dhatsyslemal11:
samplingprogramtorchemicalpolluticetaceans beestablished,andthat cstudiotrve
more und less polluted cetacean populatit,ns be conduclec,l withClttelfC~'ldetermining
~latinnships.
R,"'tu.tion1995:10 on th,·cnvironmt'llt an~.nrdoeo:scehtific;rocommendatitm;;and
directede Secretary to con.sult with members to facilitate the execution of the proposed research and
samplmg.
The Workshopon Climatt ChanCc .taC(held inlvlarch 1996in Hawaii, considered the possibl,r
effect ofthe variow;e changescen.:JJioson cetaceans,and be assessed, maine
areaof wort.;were recommended:
{iCollaborationwith otherorganizations, especially CCJ\MLR and SoonhOcean GLOBEC
ecologicalresearoh, Ulexaminetheb.tweenceUtt distributiochangeinprey
di~iribution;
(itrw~stln gfttiifluenceofclimaticandotherenvirorlntental fJ~olpton Whale
dynanucs forall populationswithavailable dataand
(iJ)Specialaltcntionto posso climate changeon1\rdic cetaceansgiven thepredicted
loss-ofsea iee.
TileScjen!ific Comlltinee establishOcennWhale and:visoooteResearcProgramme
(SOWER).ashesuccessortotheearlierIDCRseries ocrui~tce,lectthechangeinemphasis
awayfromthe assessmentol\vhalepopulationsfopurposetowardsthe'Undertsandingofth•:
relationshipofwhales with their.mvironmant.
Re~looi 1996:on envirolllnentl\1change as,endorllhedstablislubythe Scientific:
Committee ofa Stan.dmg WorkingGroupon Environmental Concerns, and instn1cted themtocontinuetc1
address themain areas ofconcemon abai~:oing
(i) Uovelopment of method;;to prefctlimatec.J1nRgeon cetaceans:
(iSRmpiinofcontailll1\ur. ic:tcenad devdopmentocau~e-e (fofeectonse)
relationships;
(iii) lmpact ofnoise;
(iEtfccts ofhabitatdcgrat.lationoncetaceansand
(v) Direct nnd ieffeecffheries.
The Resotifun ~i~twcettheCommitteetocollabomte.withotherorgmuwtions, particularlySCAR,
CCAlvfl.. LOBEC.IPCC and !OC, notingthat fewof the issues canbe tackled by the IWC alone.
Resoluti1997:on envll'onllchanalg~dc~tace ndored,two maJor research programnw<
involvingtwolong-tcnn collaborative mulli-disciplinarymultinationalresearchprogrnmmc:;,developedby
theScientificittee. one onoontaminantsinwhalobecamt~e PollutionI project and
one, in collabomion with CCAMLR ami SO-GLOBEC. r~scarticJwSouthernOc~n,tc1
understand the relationship betweefood~1pplythat could be 1;byfevironm' !ent<~
change, then1ainitelllofwhichbecamet2()project.Workshopstoplanthemsearchnctivitie!:
foreachth~St<oprogram we~ s.d inMarch 19Th~Scjent'l:Comit~i.dn:"iin1998
two further priorityareas forresearch:
(ij Effect on cetaceansofhnbltatdegmdationand
(tJ:;[ f'~ctsrm~nalchan~on Arctc~la !I!JS.
Re~oulio1.998:5 enllorncd the Cochotecofproet~and priorily aand directed (he·
Commill.c.:lo:
(i)Givehigh priorityto implementationore~ecaontnvirorum:ntal factor.;.andto
continueto producecostedscienrposalfornon-lethalresoa.rcft,to identify andevaluatethe
effects ofenvironmental cctac,~an.s1lpriorilyareaS,'
(ii) erethe Jiipntionexpe wrt~thonecessary"" pe.rtise.inenvimnmental change.and
130 (i~)Jr1elude, in its ong.oingprogranmre of Comprehensive 1\ssessmcnts of whale ';!tncks. ml
assessmentof tileimpactsofenvironmentalchan.gc, andOlher non-whalinghumaninfltrences,on
\hedynamicsfcetacean po[,ttlations.
'he l{esolutionalso established 'Bnvimnmentasar. ular itemor\theGommission'sagenda
Rcso.lution1998:7 on <.loodrinating and planning for onvironmcnlal roesacrch in tht Antarctic, w-gcd
memberswith Anbtrcticwhale researchpmes, to co-operate towards realizing the field research
activities cnvisngl:clin the ScicruilicCommittee's pro,jcctoowhalesandtlloircnvrronmcminthe Southern
Oc.!an.
Resolution1998:6 c>.nthe fllnding of workoneonc~msa,grel~nprinciple tothe use ofthe
Commissit'n'sre&<rve;t;ofundthis work..,tJitln1!>99:.5on the fttnclingof highprionty scientific.,
rcsc.-racl1,explicttly 3uthori.zcdtheuse of these funds.
R~solt,i1998:J1about human heeffe cfthcon~utl >fcm cans, notedihe mandMeor the
Conventin thath~ ommi,;sionslt3k ~into consideration the interests of the con:run1crnorwhale
pro uc~.snd for the first timeaddresrwc C\'lntextthe issu.:.oftmpli~ctioonte
con:rumption of certflincetacean products. in the"fJildegeof the levels of chemical
conll:inantsincdacea[tcalledJor collabomtion butweenthe1\.VCand WHOon this issue.
Resolution999·:4 on the'topic took the is~efwther, byagreeing to keepthe matter under
regular review. and directS.~ctii cOmmittee .to collate and JorwHnl infom1a1ion.on roxie
contnminantburdens cetncans to the WHO nnd competentnational nuthor1tles.
ThefirstSpociallss ueofthe Commission·s new"JournalofCetaceanResearcha(JCRl\1)ement..
i.~evoted tochen1icalpollutantsandcetaceans (1999thainalizIropooalforthe Pollullon
'21J01Hproject The project focuseinharbour porpoisesandbotUenose dolphins,thesebein.gthe
substances and species for which mcarring[ulconclusions rtnthe shorter tcrru.
Tht li:joint IWC and CCAl\IILR field rc-.search under the SOWER 2000 projtct, took.plact· in the
199912000Antarcticseason.
Resolution 2000:6onpersistentorganicpollutantsandheavymetals.urged mernbecstoratify theprotocol
onPersi n~OrearucPoUutants oftht:ConventiononLongRangeTran.-b;oundaryAir Polluti.on(LRTAJ'),
with a vJcw to reducing the rotcof cnuy of these contaminants into the marine food chain Resolution
20111:10on thoStockholmConvention on Pcrsistc.ot OrgmicPollotants(POP'toratify mc.111bscr
thenew Con\'ention.
Resolution2000:7onvinrm~ntuhan~gandootaceans, <lircScmitilic mmiue~to producean
annwl --Stllte of the Cetacean Environment Report" (SOCI)R). and endorsedthe Commitree'splans for
workshops on habltal c.elgmdation and cdaccao/llshcryinteractions.
6.d)lmplicntionsfon1,1cf workonenvironmentalconcRs~arcihtowhales. h~ianvironmentisthe
fustest-grngarea of theJWC's rangeofactiviala~etopicthat infuture will I~cupart of the
C..moisio~sattention.
The incr'e<i1nsg attentiorltoenvues willaffectthe characterof the IWCinseveralways. Itwillgreatly
expand the bn:adlh o[ cxperti.-;cneeded to carry oul ]t;;work, which will in tum neccs>-i(atcwbstanlially more
collaborationwitheragencies. wfoc'\factivities- and expertise comj))ement thl)seof the IWC.
Thepastfocusof the tWConshort-tenn andtighttvcircumscribedmanagementquestions,willgradually bereplaced
hy an emphasis on longer-term programmesand pollcies ofa ruore open-ended nature
131 7, £COSYS fl!:.\1.APPROACllliS ANDINTERACTION W1TUOTHEI'{ ~WUNElJVL~G Rt:SOUH' C!!:S:
7.a) Resoluti1979:2on the implication.'for whales of managementoth~irarine~sour ,cdes
auentiontotnepotentimpaconwhalesofakrill fisintheSouthcmOcean. andcells forTWC involvem,mtin
theproposedcovention, then tmdcr negotiation, of Antarcticmarine llvingresources, to ensure that theposstbh::
effectsn whalesare taken inton t.
7. b) R,wlu tion1980:5 on co-operationand co-ordinat~IWC andtho propt1SedCommi!<lo:lni for the
Co"nsen•arlon of Antarctic Marine Living (CCA !v(LRcalled for fomtal relations to he establ.ished
bct1v.:cnthe IWCand CCAl\1LRassash~lalleroomes intoe.xistencc.Tsbscu~nll iyplementedand
th~scientificcollaboration relationshipbetweenthe lWC andCCAJvrLRcontinues.
7. c)In J97&the.Scientifit• Committee notctl the problems ari»ing when fiJ;hennen believe that cetaet•!msare
responsibeforclecliningcoastal fishstocks, leaofthtc~t-aceansimo lved, intheabsencntifice1
evidencefan actl.lalrclauonship. Examples citedwere.faiJ3Jtcbottlenosedolphinsat IkiIsland in
Japilandkiller whaalor~tecoastofNorwny,TheConwlttee calted forresemember~atl, inn·c~s
of actualor allcctaccan, nt1~cten,and thisrequest wasendorsed bythe Comr(RIWC29:26-
?.7)Heport:;oninteracwerereviewedannually w1983And informationsupplii-AOwhichpublis.heda
WorldReviewofintt.ract1onsbetweenmarinemammalsandlishcrics(PAOFishPap251, 1984). The main
intet<Jcwere thincidenttakeofcetacean.s .erieslos~be isheriesto cetaceonsoccurred buanotto
widespreadete.nt.
7. d) Thssu~ofcetaceanllishi teraction rd.toh~l.WCa'genda in1999, foJlowing Japanesthllainu;
cetaceans wereconswningtimesA!~uchiish theentireworiiscntchTh~ScientificCommmeeprereda
proposal fora workshoptoaddress th, nichthe Commissionendorsed inprincipleinResolution2000:'7,for
furthed~vlepmenAtSpartofitsJ)fOgr;tmmeofW•r1kone.nvimnment~ndcetaceans.A revised tJroposnlfor
theworkslmpwasendorsed bythe Commi.ssionin.Re2001:9on internction.sbetweenwhaless~ocf.ks
proposed by the OS/\ and Japan. wh~-ildfotrhparticipationofFAO. Rcgrdlably,sub~~quenyl
refusetoparticipate in the WorkshopWllheld in June2002. The report isstill inpreparation.
7. •) h12000,Japanatmo\Jnt expansionofitsscientificwbalingintheNortoencompassBrydc·sand
spermwhAelsnswe nsminkewhnles,giviasthemnjnmotivatiadesi to5~udywha~dietsfothe purpc>esof
tletetiningth.: impacto~slmafisherJn2LIO,Jthprogrammwas fur(ehepan~ttlinludes~w ha'lus
we1l, with srunmotivation gjven.
8. SANCTIIARI r.::s
8.a) ArticleVo[(hcICRWprom lcs forthe fixmg.otopenandclosedwaters>m.cludmgthedeSignaltonofSanctuary
nrens.
A sanc!J.iary(knownas ''TheSanctuary"affefrom1938 to 1954 in the easlemSouth Paci{icsector()fthe
Souther0c"'!!lt·.wingor<ginollyhe.endesignatedby thet<.~predece$sor, The San~plpieJIonly
to pelagba~enwhaling.wh:icnh effectivelyclosed for!bearea inthatsectorsouthof40dcurt~mS.Froma
sta1dpoint, itwould bemoreappropdec..i~as-aclosedareathanasanctube~.- iluceeecol,lgi.cally
90herent bodariesandwa»lmlyolim~tdeffectivenessin protecting thewhales. which pth~area.ough
8. b) Indian Ocean Sanctuary:irst sanctu:lryin accord with modem concepts of whale sanctuaries was the
IndianOcean Sanctuary, ptoposed bythe Repuhlicofth.eSeychelles in 1979, andadopted bythe Commission.The
SanctuarycoverstheentireIndia.nnortof.55'pil aiacentwarern1nclndin.gthe RedandArabianSeas>111d
the Gull.ofOman (RIWC30:27). Theprovision was to last for LOyears>subjccl toa rc1•icw al.ler5 years.
The aim of the propowa~ to provide 3n area where poplatio could be~udic in thab~en 1;,'Q
disturl)ance(romwhaling.to provideanopportunity fordepletedpopulations proiv~aresetve in
case other poplllatiOilselsewhere io thespecies occurring in theIndian Ocean were Lost
Tbc sancrunrywns originally intended as an ecologicAllycoherent area,ss•swas ado1>ted a;;a
compromise. toacot,mmoduteinert~ofthO..'O<rie;cncluotingpelagiowhalingintheJndianOcean!lector
ofthc Antarctic. whaling whichcontinuesto this day.
The ScientificCommittee's vJewsonsanct\tary proposalwore mixed At that umc, thomain sourceofdata on
~I
132whalepopulations was fromwh<~nmanysc icn>istshadconccms-1)\a!a sanctuato<lckof damd
on l.h.ewhpopul~ niteneion. althOilghit was noted thai whaling \lfltlerscientific permits would nol be
prohibited.
ln nnyeve.nt, theyears fol~anctutdasgyatiMW a rnpiddevelopmentin non-le.thaltecthniquesforthe
study of whale:;.inLhtdicv~>lopedon ttw pioneeringTulip cruise:;in th~ponrsedy then.
WorldWilcUife Fund and other bodies. Knowledgeof the cel;lce!lnfauna of the IndianOcean is now much more
cxlcn>ivcthanit wasin 1979, 1Sslill mtobe learned
Resoluti1979:3inrclation tothe establishmentofa whalesanctuary inthe IndianOcean, calledon the Scientific
Commiuecto investigate thc kinds and level of research that would be-ooeded inthe Indian Ov"'tnaSanctuary, to
address the questiitee~tothe Commission, and to rep~yt1981. This advice was provided to the
CommissionRIIVC33:133- 135),whichalso receivedaelhe rncommcndatifroa meeungofJndhm
Oi:ean!at~s mbte:cklhU~en 1980, inclvulngt:hep~hotda:;cient:ificmeetine~rcplnthe
Sanctuary.is tooka1c111981und~tre sponsorshipof the SeycheDcsand the Netherlands.
Re-'lolu1981:3on communication betweentWCe11ndIndiOoe~nc:oasml States. prOJX>-dSeby Oman,
d•r~c tkes~cret aok>cpIndiaOc~nStat ,nl.dingnon-mcmborrStates,: ec.thf~ommission's
work on thenci:Ulll,y
Theaccession.a[tcrthe SanctuarywaofJ:ndia,Kenya,Oman,EgypLlv!a~i\iUs1l RW,increased
therepresenmtion of IndianOcean StatesWC.thin the I
Jn view of the provision for a review after 5 years, the Scientific Committee in 1983drew up an agertda tor a
scientificr.:viewmeetingon the.(RIWC34·.167), t.obe held in toltaborn!ion witbFAO, lOC and UNEP_
who w~raskedtoprovidens~ ti~tepnniipation repr~sen taWtivnon-mcm. ~rs
Other priorities of theCommissiondr~vw.butat ti1is.tenfteeSeychell--es.Kenyll.tndia, Oman.
i\ustralia. Franceand South Africa, the Commission ogrooclin 19mmittceofln dian Ocean
member States. prerare a'oposlator a tovb~held in 19R7(RIJVC 36:1[L,~9S6 rneelir)g, the
C'ommis:;ionapprovedtheplan:;foea scientificrovicwmeetingon th.csanctuarytobe hostedby theSeychelles,and
notedVNBP'sofTer to fund the oarticipntion of representatives from non-JWC IndiAnOce.an coastalSiates.
Thltscientificmeeting!wid in 1987,LoundLhatl:etaccanres<•rach inthe IndianOceanS<mctuaryhadtakensometime
mget underway, m3inlyteconomic factors,and becauseof a shortageof sxpertise inthe cownries bordering
tbosanctuary, The silllationwas, however,han1support fromUNEP andolh. n administrative
me.etingontheSanctuaryjust bethe 1987 AnnualMeeting,madea munberofrMommendationstopro mote
anclco-ordinate re.sllllfchin the lndian Ocean Sanc1uary.a~sablisCoheud-committee to
imple-menr ttth~snemn1wtJUons 38;16-17). The ger~vi1e1fthe prohibition of whaling in the
Sanctuary, providedforintheoriginal decisionto behrc-~chcd9fur19d9,when thedecisionon
wnetr o~nottrenewtheSlt.nctaarywould bels\:et\.fn 191!),endodrthe recommendationofthe
sub-committee, thatthe ScientificCommittee compilea review or-auresearchconductedin the Sanctuarysince its
esmblshme.(rt/IV39:16-17). 1'his was J)Ublis.edby UNTIP
The Scimtific Committee found that approxin1atelyhe published resl·arch was dirl'Ctly r.;lat<:dto the
Sanctuary designst, while the retUr ould probably have occurred anywny (RJ\.VC40:72-73). The
Committee noted furlher illallhcpausein commercial whaling,in forcesince 1986,had reduced tl1c importanceof
the~ncrwu dysignation, relative to the situation when it was adopted in 19'79, hut thnt this could chnnge if
commercial whaling wereresumed.
AfterootiSidorable debate ontl)emeritso[t)le lndi3JlOcean Sanctuary. th,eComm1ssionadopted Rcco•1•mcndation
1989;4,whi.cb notefulftU~mofo;es~ rbjttivesth ndiaOc~SSJalncariya long-ter;nprand:ess.
dependson:)a~sis cetcnur\h·ie•with littlepr<erlence incetaceanJtodeveloptheit$kii\Sand
capacity; (2)co-ordinaLionof mc.hxangof materials, clrc~tusan()facilitationof access[for
researchwatersundernationaljul'i:. h·~omnmendAtionempoweredthe.SecretnJyto workwith.UNtiP.
roc andappropr rgilnal Qo<tiesto hc.lplcs~goah;
133 Consideringthd~dsnloohelonger-t<fureoft Sa~c[uaryshouldaware~OI\ hsCof1rph~stv~
Assessment, theCommiagr~ebyconscn;;us toextendtheJ..ndianOceanSanctuary forth).eyears(to 1'992
Whenthe ('qmmission returnedto the matter in 1992developmkaelhtnterim. bothpolitical
and~ienti.ila o1eetingofiOMAC (ln\JianOcean MllrineAffairsCommitt.;e)_thd ndianOceanStates. mcluding
the me1ubers and tn-emhers ofthe lWC. had 1resolutionaaUing for the declaration of the Indian
Oc~a ns a Sanch•ary for wholes for all time. On the scicnti£ic front one of themam results of the g lobal
ComprehensiAsse-men~tastl1.edrnflRevisedManngementQ{lvC)uhichwastoreplacprviou.~
management procedure oftheIWC.Th" draftRMP, which wasacc6pteuby the Commission inResolution 1992:.3.
didnotenvisagcexploiofbl0~whales intheirbrceclinggroundst~.tianOceanSanctuary. The
Commissir1agreed hyconsem;us to e"-rendthe Indian Ocean SanGturuyi.ndefinitely, without anychanges to iL'
boUTKiari. t witha provision tor reviel\•att'er 10 years(24JC)I.2
\Vh~ ne tssue came up<.ievin 2002. the SciCt'mmtitreevw~dextMsivcompikti. 1fthe
.reseac~'ndu n hedanctuato date. The Committee attaddesd~hequestiocontainc\Jinthe
tentative evaluation guidelines for weredrawn up by the Commission in 3001. Althouglh the
rontlltitteeWasable to providesubslant•veadvice or\many ofconsenecsncu~ionsc:ouJd
b.: reached th ~mplications of this advice [or the merits or otheth~anctuary. Theing
Committeedrewatte<to tn~e dmaketl1escientoiccvesos~nctu, crerer, and forthe evaluatmn
criloriu tht<melvc·sto b.:madt moop~ridna(s~nelow).
!!.(SoutheOc~an.Sanct\!lll):'J'r(lllce(trst presented irspropo..al fora Sancmruy: forgrel!I whales)n all w•atesr
1
southof40<S toth'44' AnnualMeeting oin1992.Franceapprec~a1tdanymcmocrs nccc.lcdmore
time toconsiderit. Resolution 1992:4 on South~mHemisphere,auopted byconsensus,agre,edlo
considerthe proposalfullyntthing In 1993.Ttootledon Go~vrnm tsnsubmicommem~nnd
questions in the meantime, and for the . comments from CCAMLR. SCARand other rclt:vant
internation.alorgnnizations.TheScientificComtetoreviewandadviseosc-ieit'i~comnnents
andquestiora~c.d
Considorablosupport forthe propOollawasap.J\nnualMectiog.TheTechnicalCommiu.ccendorsed
the proposal hya majorityvote. llowe"er. many members feltthatmore timewasnee.ded to fullyconsider alithe
implicatiofsuchafar-ro!ac1ling p. ountries whoseexclu~ fheey or economic zones might
ov~lawiththeproposed$anttuary,;suchasChile,noededtime·toconsideseciallycarefully. and
inpnrticui;rl theboundariesofthe.proposed s:m.ctuary.
R¢soh•tion 1993:6, adopted by a m~ndorsdtl1e concept of a Sincluary in!he So\JthemOcean. and
resolved toaddressthe outsmndinglegal, eco!O<Jic,ugleogmphlcaandlnb~environmentalal
tssues NlatiQgtosan\c~yJtUl:ce.Uton~rbyAustraliato hosta workinggrotouddre.ssthese.
outstandingis;'Uc,sandto makerecommendavi~woenablingtheCommissttakt.a dccisiono,nthe
~acntruat its46thMcemn1994.
The WorkingGroup met in Norfolk lsland in 1994, and made an cxLcmi"e scl or recommendations which wore
>!ndores.d bytheCommission. Inpartidttlar. incirreconc.ilablinsamongthememi:ofs
the Working Groupand thai asanctuarycouldbecreated ifthe Commission so decided.
Tn1994 the Commission adopYlvotesto l, artamended version of proosaput forw:l•·dby
Mexico, whose boundarywas :3t 60..S in theSE P3dflc and far SWAtlanOl~lappio1eg il1o:rebynot
EEZ's ofArgentinaand Cnilc.ln the fndianOcean sector, theomendedprqposalhada boundarynt55•s, thtlreby
adjae.Hlbutnotover!ttppingthe IndianOceanSancturuy.Theboundary wasset at40'S in!hi:centralandeastern
South!u lanticandthewcstamSouthPacific. Thasanctunoy ove'sofAustmliaandNewZealand,
andwilhth(j~. hoseyvation zonovr~~~ t~lorl o~ranceand'theUK
Thedcci~ cinaned a provision that . ed allO -intelrThafirr~ ic sduein2004. b•Jtthe
Scientif'mmitteehrropo dandtheCon1i>1"S10atglreed thatothe~citifnsoectsshouldslfut
in 1003, to be oomrletcUin2004
1J
134Japan lodgedanObjectionunder the ICRW wpr~cihed90-tiay petothe Sanctu:Jryaspt tc
minkewhal Ne~g<:n l~r.ai~solt.oa.cUsrIV~lo~dg~butNorway.andSllbsequ.:nllquestion~<!
thelcg.1of thesanctuarydecisiOngro\rnthatwasnot'basedonscienfmding:asl\rticlc Vofthe
ICRW requires.
Some of tht'recommendalioru;fromtht'Norfclkl.5landWorkingGrouprelat.Jdth:;ancl.llary.earchin
andthuremainedrelevantafter i1sadoption. These were consideredbOutlineProgrammeof
Non-lctl1al Reseath~anctuary, in1995 wilb the co-spoosorshlpofiJlWF, GrocnpcaccandlFAW.The
fWCScientificC11itte.ereportedthatmore.~rcrhoornmendalions fromN!·~anwereaddressed
inth~cit:ntCommitte'~ongoinComprohen ~scsmcnlofsouthern ht'ITlispherbculocnwhaks,andinits
wmk oncnvironn. talconcerns.
In19951996,1997and 1998,Japanpresenred legalopinionsto tlleCommission whichchaUengedtllelegality ofme
Sanctuarydec:ision, but the CAmmissiondid Mt find e'!ny actionon this, wim~mhers
ctlmm~ninghatthedecisionlllld been properly taken.thatJapanhadexerciseditsrightto objectwith respecttoone
ofth~pec ifeste<latJmthe PR'perwaytocalarevisioitof thedecisibuto propoaSchedule
amendment.cGordinglJapain 1999proposedamendmentstoihcSanctuarydecision.includingtheexclusionof
mi~k WehfllesfroJ.u theSanctuary j>rovision.but thiswas ootadoptedby 2tJ0a~d'2002,n. In 2000,
JapasubmiU frherproposalsforSchcdulGarnenwhichaim<l ~fdoineprJhbitiononwhalingin
theSanctuarymnk.~tdependentonadvicefromtheScientifieCommittee. A.alwere withdrawnor
voteddown bytw Commission200~Jpanalsosubmj.d a proposultoabolish the Sou01cmOceananc.lIrul.ian
Ocean Sanctua:rie$,pacbtaeproposaltoadoptsome elementsof the Revised ManagementScheme(RM.S).
butthiwasalso v.oted down,
Resolution95:8 on whalingunder SpecialPermit in Sanctuadt.;. cal.ald on memberstocond\Jclresearch in ihe
Sanctuary using non-lethal methods nnd to refrnin fTOrnissuing Special Pennits for catches or whale.<i>n the
Sanctuar
Inrspnostoareqeusromthe Scientltic Commim!eforclarificationofthescientflicobjectives oft.heSanctuary,
tll\;oH~Jlls.dopted Resolution 1998:3 on the Southern Ocean SAnctuary. The Resolution affirmed that the
agreed objectivesarc>ic.l l'or: (l) recove~lo,cicsuding research and monitoringof depMcd
stoc.;(2) the.continuationoftheComprehensiveAsS<!ssrnenotfthM!Tectsonwhalestocksof zerocatch limit.s:and
(3)the undertaking of research on the effects of environmental change on whale stocks. It further directed the
Scientificmittee to pro01d~ommission with a long-term fmmcwork Lornon-kthal research, including
multi-clisiary researchonthe impactofenvironmentalchangesoncetaceansin theSancruary. andInparticularto
giveprioril.ytonon-lethalresearch thaiw].Ubn:vicv~Ite Sanctuin2004and beyond.
ln 1999tSoit i.Cfncuitt-eereponed backon itswork in1hisinclrdtd~OWER20UUprojt,otin
wlluboration withCC.A.MLKandSO-GLOBEC. itsongo.ingr~arcwprOgr'u dlt\S0\1~R. and it.s
ongoing comprehenasse~11 1csntsernhemibphcrcbaleen whales.
1\now dcvolopmcnt relevant to ihc Sanctuary was the Scientific Co200(t~at its earlier
etim~tes ike.mhalabund~ itceS.notl.lllryfi·omtilp~rhensrAis.e~~:t~pssemnoeoger·
tobe currcnl thtl lundance appearedtohavedecsub~tant iialgrymme of workwasinitiatedto
invest tiifarhr. DdinitiN concluar~~hroul tcr2003. Resolution2000:4 noted the concomanti
renewedhe callon Japan to refrain fromscientificwhali!lgin the Sanctuary,
8. tl) South Atlantic Sanctuary: In 1999Brazil developed a proposal lor a SouihAtlartticSanctmry,ro cover ihe
Wllt.ersofthe Atlantic bol\fldeciinthh~e<US\Ointhewest bytheAtlanticcoasLofSoiJihAmerica,
inthe South th~boundary of the Southcm Ocean Sanctuary, and in the east by ihe coost of Africa and ihe
bo1mclaryofthe Indian Ocean Saninclu~d'eO~1ISt.!of Algentina, llruguuy. J3ralil, South Africa.
Namibia,Angola.Dem.Rep.Congo,Congo..Gslbon,EquatorialGuincaand SlioTomil.andPrinoipc.lnordertoallow
time for more consuJtationswith mernhercountries!)orderirlgthe foroor\si, Bdyt~tionj,:ed
Commis:;ion to be deferredto
13mziI:anclArgentinafom1allyproposed theSouthAtlnnhcSanc1issi.on in2UUl.emphasisingtheir
rights as coostalstateslize whalt rces non-lethaUy, andb~respected <mdprotected by the
C.mmission::1ganistthethreat froma possiblerestmlptionofcommercialwhal[ng. With 19votes forand 1.3ag<rinst,
tllcproposaldid notachievethe required%majoriLy. Somemembers indicatedthalthey had not voccdforilbecause
of the lackofinf<)nnnwhet oon-membercountries inthe regionendpmpo~ tBr.zilconsulted
135 w)t.hnon-nN.mbersand rspon:edthe.irresponse.'\to:wo;oandre-proposedrl1eSanctuary.It failed
againwi\h'231018against.Gabonhatehm~anlj iirueb"Commission,andvo\edagainsttheSanctuary
in :?.00'1,
13ril.. Arinand SoutAfri~havealreadyestnblishedwhalesanctuaricoA.th~Itr.l
8. e) South PSan~tu Aarsmliaand NewZl:ad tablt.d a propl1Slain 1mctuary(,'OVlnlfgithl'
westernnd centrnl South Pacific,hetween the equatorand the Soudtem Ocean Sanctuary, adjoiningth.: Indian
Ocean Sanctuary in the west..The proposal tothe Sciemirte Commincc. which could nol give a
definitive recommendation,but listed gener1ndagainstsanctuaries.
The sancturu:ywas fom1ally pn,)poseclto tin2000, The proponenl<1,i\us111lia alar>d,7..e
believedthat it would:(1) prowctwh.'llestoci(!lthat have been severely depleternie:~e 19 and20 cemua
allowtheirrecovery:(2) compl<'menatndleffecvn~tis!eheSouthernOceanSanctuaryin protecting
migratorywhalespecies;sterlong-tennecosystem-basedresearchonwhalestocksthatarcnotbeingharvc:sted;
nnd4)~nah manHgem ~lwthslestocksinuccordancewitIClf!n-temtoon!«·r:nfbindiver.sit:l»'n<l
theprecautionaryprinciple.
Despico~idel rupport,the South PacificSanctuary proposaltiiUed to'11~jore18votesed
lbr to ll agaTh~proposalwasrc:rubruiued in 200I ancl2002, w. g results(approx.60o/o[orto
40% against,notcountingabstentions).
TheCommissionwasinfonneclthatme.eti.rlgosftheSouthPac(flcl{egjonalti,nviro{I01enllliP£oglrlanne (SPRlW),and
lhcPacificJslaeaders'Forum,where mostcouinthe region wererepresented,had expressedsupporllbr
theSanctuary.AustrnliaandNewZealandstressedtheunponanc¢ ofrecogrtizingthenon-consumptlverelalioJJship
of the people inth.eregionwith whales.
ManySouth PacificoountrieshavenowdeclaredtheirE:'\clusiVeEcmomtobewhaksanctuari·cs, or
tones ofprolcctlonforwhales. (iAu~.tmlidacattlsthatOte ofN~rswealandand Vanuatuam de
[O(IOsanctuaries as a result of whalcgjt.~nInaddition the EEZsofFrench Polynesia. The Cook
Islas,Niue, TongaaruI:Austrabetnclcc sncrarcs.
8.) Othesnc! ~rieVarous othe,rsanctustrieshnl'ebeen mooted including theNW Atlantic (by Jamaiea).. a
proposalfromUK fora1Etlansant~ar.tn(h,MediLrrdneasan~tu ahihwwsagr-eedby alltlw Parties
to 1\CCOBAMS (the Agreementot>the ConservaCetace .~tesl!lack S~Jed errans ea,a>d
Conlig)JousAtlantic Area}, butis yettobebrought forwardtothe1\:VC,thoughItatdo sounccc1itsintcnlion
at the 20021WCCommissinnmeeting,
8. g)Genernlcriteriaforsanctuaries: Atthe 1981tmd1me~tinmAgut.lianoted thedesirabilityt'f
the Commission drawing up general guidelines on the matter facilncialut~n of future
sanctuaryproposals.Areclommitt ~~okingGrouwat~~tafished,wnichdrewupcriteriathatasanctuary
sfwuld satisfy, and infothat shouldbesuppliedin ordu forasnnctuaty proposalto he cvaJuawi
'!'heTechnicalCommitteeproposals we.renotformallyadopted becausequestionswcounitrdbyse.vc:mli
about t;oaSttajurisdiction in sanctuaries. Thedircto!he Secretaryto collGtaltm from
•11embrlovert r~onu:easofprotection forwhalesinwatersundertheirjurisdiction.The Secretarypreseqteda
listtheseareasin l984, b:\Sedontheresponsesrece.iveclfrommemberfonuation fr/\Cand
Ui\lEP onprotectedaress in thonon-m~mberc troun
Over the J9so·s and l991J'se ioofsnatt~~ bJtTeleCswa;;entirinth~specificcont.e>.1oSf the
1ncli!lllOceanSanctuary ru>dtheSoulhemOcey,thatwasadopted in 1994~.,h.~cne.riccriteria
lorsantcJatwia111isebdytSci~incComfmi.l'gini>J200wh~ nlwa~a~ket<rvjdwthepopo~lfQra
South PacTflcSanctuary.
1120111t.he t<>nuniss·ionadopted a set is frot~UCommission to tl1eScientificConm1ittee f,1r
ReviewsoSantuai~",anddir~~ thcdommittee,us~t:hl['orthercl'icwor the Ind'ianOcean Sanctu!&yrin
2002 and forany newsanctuary proposals,andto reportbacktotheCommissiononlhe utility oft,he.seguidetlines..
In 2002theScicnti!'icCommiuccused theguiuclirtcsfor its review of the Indian OceanSanctuary, bul found tl1at
theyneeded tolie111\precisem1dopemtionnl.£tngreecltodeve.lopa proposalforamoreprecisesetofcriteria
136tobepresenttoth~Commis. niio01GmVC/5414 f'.9R).
8. h) Conclusions on sanctuaries: \Vhale sanctuaries represent an opportunity for all aspects of the emerging
e.'\pae \lgemluof the IWC,to be. re«~co•gic 1aoerynt region. This is e.spc.ciullyevident in the
Southerncean Sanctwuy. M~omoe-l\1:net inthe~eanSanctuary. althoughinthoa.a~icclear
lhalmoreassistanceis neeh~lcoastal Sullo'tSlh~1apacity a~xpertfllclccean researchand
conseJvat!on. '!'heJndianQcean Sanctuary i::;.h,owever, a good e,xr'1Jpporregionalhe IWC can
consen:rus,.tnat.usesofwhalesbestriclly non-lethaL
The casasth~proposedSouth Pacific and SouthAtJant1c sanctuarilWC,hasa potential role to
play in providinginwmationalsuppon Scatewhoseck to dcvttlopexciusivdy non-lethal usesof'their
cetaceane.orces. They,upport andprotectionfromtheTWC, astheonly bodycapable ofgiving protectionto
the whales ln their waters.while they arc passingthroughlifgh Seas areas.
ltistrh~< mponam to explorewithinthe1WCcontext, the_conceptasr~ginofsp;~lprtection
forwhales.whichthe IWcouldeclarepolicyofsupporcoa~ tats·desires exclusivnon-lethal
useof the cetaceansmigrating into theirwatofsuchanupproaccouldinclude:
(1) Collabor'with coas~fates;
(2)Co-operatwithotherregionalconsc.rvationorginlun.digre~men btisdewstethe
auspicesof CM:S{BoConvltio nd
(J) A policyofnotrelaxingcun·ent ICRWprotectionmeasuresforwhales uttheseregions(forex(lf11lepthe
zerocatch limits ii\ d 'fectSLncel\>86).
9. KNFORCEM.J£"-OF'CONSERVATIO N M.EASURJ£S i\NMONJTORING OF COMPUA -..c.E:
9. a) lh theIWfir30years orso, large-scalecatchesofwhales were authorizedby theT\VC,and the debates
fncused on whnt conservam~~u.rese-renecessary. AsCommi :~~>giaually mnved to n more
conservation-oriented and precautionary approachnt, und has steadily extended the scope of its
conseJvationasures. the importanceof en:iUringthat the Commission'sconservation measures are actually
complied with, l1asgathered in intJJortanro rclal.ivc to Ute adoption ofnewmeasures.
9.b)Non-me. berwhalirJg: rn tth1~aincn11p1lianceproblemwasconsideredtobenon-memherwhali11.g
[n1974thuIWCst•ughtthe assistanceoi'UNEPinpersuading non-mornbcrcountriestojoinihcwhaling
rwc. Resolution1976:alcertm!O~the Cc.et.ion called.on non-membersengaged in whulingt(ljoin the
Commllisiowhil R,~luoti1976;5 n.•solved tllLlt~hoklprohibit the irrf whaling ve-ssel.s
equipment, nrexpertnon-membecounttri~~niie.'Resoluitons 1977:2,3 and 4 onspe.cii'icwhalestocks
calledn•11eci!icnon-memberwhaling couoirh:L~()mmission..Resolutiore~pat8'd:>Clilland
resolvedthatme.mhersrepo~stpstakentoimplementit.ge.solution1977:7on lhe preventionof importation
ofwhale-products,T<'qUcidrtoprohibittheimportinto theircountriesofwha:diuRosolution
1978:Eon lhr imponationofwhak productsfromnol ltrRe~luoion978:Fonthetrnnsfhrofwhaling
equipmntandexpe1tise, repeatedthecallnottlJe.xportw.halingtechnologyorexpT~elsono non-Jl1CJblelrs.
t 979onthe ln!port11t.inoofwhale productsfrwhalproductsto.and prohibitionofwhalii-.gby non
meJubecounter.oireratedthreuir~ nmseith motor ,e~durther called on members toprohibit non
memberwhalingwithinth!h,ryconservat7..S,the precursorsto!hi!EEZ'sthatwouldbeund~rgni7.cd
.t m~ergingLaw ofthe Sea.
9.<:P.drtlyas a result of the rosollltjons. whalingcountrit-.;Korea,Spain,ChileandPeru becwmt otemben;of the
JWC in 1979.
9.d)TheCommi:>ibinI97esflh ldblegisterofwhalingvesstls,membc.lakcactiagai n.aig
hy v-csse1sffla~ogcfm•enience(/UJVCJO·.J2).
26
137 y,c} R~solu1t806ondiscouragingwh!lopermionsout rgultin1,.Cmblisheda WorkingGroup
to corJ.Siluestions relatingtowhaling o.Sutsidethe!CRW,and calledforconsideratulcofSch1:d
am~n1d11ttsenforcthm~easures relatingto prohihitionsof imports!rom, and exportsor technology to, non
ltlember Whalitlgcountries or entfties. R~dopt1ieerecoml\le~n OdfhtWionking Oroul'•
includiOi~ndorncmcnoprocedures toenable the lWC'togothortnlimuationon whaling:onccls, 1<iio:n:ilu
reoordsand inspevi~oionsn-membercountries(subjectto theletter's agreement).
9f)R~solu t99:n8onwlvd!ingactivitiesbynon-memberstates,th~.ssue.anddirorotodtheSucretary
and111embse.trogather andlnfo~rtlonwhaling by non-memberSunes.
9g)internationaltradeinwhale proc~oporad wtiJoT&'S:Cl'fb:S(ConventiononInterTrad~nal
in EndangerSpeci ofFlora and l'aunn) cnmc into force in 1975. From the beginning, it supponed tho
conservationeffonsthe IWC by inoluding in its Appendix 1 those specie!>whicll were fully protected from
oommerciolwhaling by the lWC, namely blue, humpback, .rightand grRywhales. Oy prohihiti11ginternational
connncrcial trade. or introduction from the sea.itprovided a legaln1cans to assist widl the
in•pJementa~doenforcetuenIWC conservatimea~-, ures
9. In 1977InIWColicrcd to CITESto be iJ.sadctaccantop,ovide sclcnt:Uicinlonoation on whale
populations relation CJTf:Slisting criteria. information on the explanation of species liste.don CITeS
appendice$.and advime·identificationwhall' products(R!WC28:23). Thwasaccepted by the
CITESSpecialorkin, essionin 1977. whereitwasprovisionallyagreedihulCITESwouklprovideprotection to
whak popttlations,u$t wholespei.hlwee protecthythe IWC. This requestwas fom•aTWC..cdin
Resolution 1978:D, addr.:ssedto CITEtumCadopted Resolution2.9at its J"dConferenceo.fPa1tiiesin
1979. whicalledon its ntemberis~p u~:n ooiLportor ~por trsro<l\Jclsfron•whalepopulations
protectedfromcommercialwhalingby the IWC.ThepopuL,tionswereaddedtoAppcndi.xlofCITES, andaJl.other
otca-\awereplacedon AppenII.
9i)Subsequentwh~na lnnining large wpopulatibcncam~rotectedfr~'Ommrcialhali.ngb·yth•·
!WC in 1986,CITES transferredthem to Appen&xI. Thepolicy of CITUSadopted in Resolution2.9 re.mai.ns in
effect, having been tcd intoResolution ll A,adopted ai.the IJ'hCITES COP in2000.
9j) l11eTWC didnot followup on itsoriginal offerto assistwith the identification ofcetaceanprodual<;intrade,
untilnewDNA Analysis technologybecnmeWidelyavailablgthamad~itpmclictoidentifycctucetln
-speciesfrt'm sumpit'Sof meat anu blubberon the nm'ket
9. k) FoUowing discoveries of v.ariotts illegal shipments of whale products. and the idm tillcation of various
prohibited specie.,; onwhalcmtt~aarkets. Rl-solution 1int~m ionatrdcm \Vhl meal and
products,requestedmembersto provide mformationon whathedomesticmarket$, ar1dtheirsource;
inlormationon irHcrsbirnnl;and Informationon nalawnandregulationsrelating to trade inwhale
ntelCJTES reciprocatedHe~oultio.n:l. requ teels memberstfruwd~ay informationon illegal
tradeinwhalemeatts~rcctraaad lortheClTESancl!WCSecretariatstoexchange any recoiv~:~dn
9l)Resoluti1995:on tradewhalemeat.callcclon membprohibitdomesticsalesofprod1 ucat
cot,Jldnothal'J from wh.aobtai inacdordance wi\]1fWC and C~!,'n lslloonduct nllitdom
samplingofwhaleproductsonmark~r tdetm1inethsp~c on~ae;and to ;:Stablishntomcmitor
theoompositionofwhale meatstockpirpon t~ittheConuuission.
9, m) Resolution 1996:3on imptuving macre~tstridcin whnlemeflt,oolledon members to r·eport
annually, from 1997onwards, onstockpilesofwhaleproducts,andondonl~'ntrilcgaltmdoinro
whaleq1eatand on theactiontoenforce them.
9. n) Resolution1997:2 onimproved monitoringof'whale meatstucl;pileo<c,alledonmembciStomaintainrcgi<stric"
of DNA samples of indiv lwdAltet~ring intocommerceand to make these dnmbnsetpthelable
CommJ.SSJOn.
9. Resolution1998:8 on co-operationbetween theIWC and CITES,reaffirmedthe long-standingrelationship
berwe6n~lWC andC1TES, andcalled onmembersto fullycomply withthepreviousresolutionsrclatmgto trade
in'*haleproducts.
9.u) Resolut1999:8 an DNA lcsli:ng. addednrcltimagendaoftheScientificCommittee lolating
138the collection,:lrchiving.llnd analysis of DNAsamples from direct and incidenmlcatches._frozenstockpiles. and
,;cited orpouodcdproc(s.and to provideadvi~-tys forrrar.kingandverifying alllegalwhaleprodtlcls.
9.p)Resolution1999:6 on co-operationbetween thoIWC andClTES.notes thevaluablecontributionof CITES to
tlteenforcement of con~ervm a~tio~nuhrelc.ding oitAppendix I all whale s~;ubjtoc7.ero
catch limits uthlCRW. andinfomt ~ITESthat the Ii~nuLyet reatoam~ndsuch u .~-atlmits.
10. MA.NAG.EMENT OF L.ETIIAL SCIKNTIIIICRES~IARCt l"SCIF.N'l'I.FIC W IIALING''):
10. aTh~ ICR\V is ~iencc-fri ccnvdntn. 11empowers the IWC to co-ordinate and conduct scicntlfrc
re,;earch, anduires haseits decisionson scientific findings-.1talso gives members the right, underArticle
Vill, issu!~'rtnitsforthe tc~acea orssci~nl prfois
10.b)Unfortunately,some"membor,shave interpreted thisprovisiobYJYdtheIWC's conservation
mt-.asurcsa,nL~soucmtific pomutsfor catches of whales onasimilar scale to ordinazycommercial whaling.
Although Alticle dodsindeed exempt whald; htlcenforscienti.ficpurposesfroJn the $pecific regulations of the
Convention,docs not authorize rncrnbers to ignore thegeneral obligation to conserve whales forU1c benet:ti of
future generations."Nordoes it.e.xempt membersfi·omgeneral requirements under intam.ational lmv, including the
Law of ths~a ,o <Jrnruc that marim' rt,sources an· not overexploited and t-o co-opQmtcwith the appropriate
intenationalorg::mivnions.
10.c)The (ab)\Jseof the scientifrcpennitprovision toconductcommercial-scale \lihaling,onprotected species and
stock$,bas long been an issue of conlcntlon within the Comnmsion . For example, in the 1970's some membccs
issue~nnit fr the rake of commercial quantities of 8rydes whnles H~mipshc,rdespite the
Commission·s decisionto seta precuutionary zeroc13ry ~dpeendin stsfactc.>reystimmeof stock
size (RIWC37:34).
10. d) In 1979, the Com1nission obbtined legal advicethat it was pent1lssibleundeVtnhe Convention. Article
notwithstanding. to Tcquuer~viorcwScientific Permitsth~Scientific Commiti6c. and a Schcduk
amendmenttothat e!Te.clwas adnpred(J?IIVC30:31).
10. e) lo 1985,some members submittedplans for the i.ssuanc\.o\f scientjfjc pennits, which impliecJthat they would
continue.aling after thoing into effectof the monnorium in 1986, at a laval similar to thdir (then) current
commercial whalingactivities.Resolution 1985:2 drewattentionto ricw hahngcollldassume the
characteristicsor commercialwhalingduring themorntori~.staeibdawshkinggrouptoaddrossthe
problem. Tsediscussir~slutinResolution1986:2,whichreoommemled thatScPem1iLonlb~issued
when tfre~ea orjchvescannot bemet bynon-letha)methods, and when the researchis structure-dto provide
inJonnation thatssential forthe rational managementof thestock.
10.1) ReSlcl.ution 1987:1furtherrecommendedt!vttthe Scie.ntil'ciCommittee revieweachproposedpennihgllinst the
abovecriteria,and detemtinewhether itaddressesqn~dtto b¢answered,.nducttheComprehensive
Assessoent or>1Jcetother critica.lly importantresearch nemandathete<C:~missiotoreview
annually the Commiuee"saclviccon SPennl~ianc.lto mfomtth e governmentsconcerned whena pemtit or
propo!;epnni i~fotmd nol to meellhe guidelines. On this basis, Resolutions 1987:1t seand 4 called on Oo
members with scientificwhaling progtend them (in oca~e)or!d lthsmpeeding olnrificatlon of
sum< t.l~Li (nnto casesj.
10.g)Resolution 1988:3on the iofsctni~ipc.mtits.ftj;Ontmen.dedthatnt>i>suiu~dlmemlxm>
ofthe Commi;;;;ionhadhadallca:>ttconsidt't"theScientificCommittee'sevaluationoftheprOpo$etlpermit.
Resolutions 1988:1-2nd that one proposed and one ongoing scienting programme did hot meet the
criteriatabhedintheabovRe.lu~ons, andnotitiedthe relevantgovenunentsaccordiJJgly.nesolutions 1989:1-
3called forl}1e reconsiderationmembers'scientific whalingprogrammes.Jn1990,two oftheseprogrrunmes
were still continuing,solutions 1990:1-2 repeated thnco nsiclcrth. ne of these pr1 csU1m
(Japanesecicntilicwhalinge Antarctic)continuedin 1991andRcso!maons1991:2,1992:5,1993:7and 1994:10
calledagumoritto bem:onsidcrcd. Resolution1991:3 called forprognnum~bytlwthen USSR,not
to com111e.nce lJtltil it had been brought into line with Commission's guidelines ar1dreviewed anew hy the
Commission Resolution 1992:(i called for a new scientific whaling programme annotobed by Norway
reconsidered.is~lt~swasnot compli<l ith, andwas rcpcatGdinResolu tjons 1993:8 and 1994:11.
10. h) lit4. lAp31a1nnounced a new scientifi.c whaling progrwhale~in theNonh Pacific. The
139 <'o•mmission, onthe adviceof U1eSco mit, foundthatthe objecrivas ofthe research did appenrto meet
lhCommi s~tOlclieia. butrccommendc<lthalthcyboachicvcdby non•lethalmethod:l994:!t~ndiorll
9).
10. i) The continuation of scientific whaling in the Amarctic. despite iL'desi_gnatoin as a sanctulll)'in 11994.
introd u cw dimension into lhc sciontilic whaliR~sluoone1995:8 on whaling under scicmliGc
permitnsanctuaries,calledonmembers tocollaborateonaprogrammeofresearchintheSouthc.mOccao Sanctuary
using non-lethalmethods, and to refrnin fi·omissuing scientific permitsfor the takeof whale,;in the Sanctumy.
10.) Resolution1995:9onwhuun~drs~ci pen it.replacedKesoh1tions1986::!andJ987:l.lt reot,mmemwd
th1tcienfiresclU'tm;sistin the Compre.hcnsive Asbeconducted by non-lmeans,and thmthe
killingcetac ~oancentillc pvrposes only b.! permitted in exceptionwhrc~rthe res<!arch
addresses critically importantissuesbeanswerebyttheanalysis ofexistingdataor theapplicationof
n)n-letlm~tho ,Isurther,inMructedtf1eScientificCoeA><tSelexist[ngand tleWscieJ1ti1gcwhali1
to identifywhRtcritiC31lyiquestnt.iony.neaddresseJ bythe lethal takesandwhetherthese c..;uldbe
mutbynon-k thalmo:ans.Thisrt-soltrtionis stillinof(dcland rt.prescnts t'urrent lWCpolicy with respecttoscicnli!ic
whaling..
10.k)Basedoth~sccitcria,Rcsolution1996:7 cJapantoenditsscientificwhallngintht Ocean:m
and the NorthPacific. Tbisrequest was repeated inResolutions 1997:5 und 6.
10. I) Resolution 1998:4 notes that other scientific organizations now ha1•eethical guidelines as to undei what
cirum.~anc ceski!lingof animals for scientific reseHrchi;;justified. umlinstructedthe.Seon:tariat to cornpile
if<) lationonthe.P<)liciesofothe-ri~cinefeoganis~tniinthis regard. R.esl.lution th~9:311ote'd
findingof thisrchat the legislation.guidecodeo~conducttmcxit .:ncmllr~tuctrh=•rdrch
be conductedso as to minimizethe •tres..<d;,istres..<p;,ain ananim~a.nd that non-lethal
11eansorfeweranimalsbeused where possible.Accorctingly. Resolutdtthe ScientificComn1iltee
to dclc.nnine, ineawh~tihebcinformation obtainedfromscicn!lftc permits is (a) required lormanagement
and(h)obtn.inable by non-lethal means.
10.rnln 2U00, Japan announceclthe expansionot itsscientificwhaling intheNorthPacificto encompassBrycle·.,
and spenwhnles, n.•wasmire~khales, givinthemain o>otivatadesir!Qstudy whadietsror tha
PliiJXofdctllrminingtheimpactof whale$onf1shwcs. In 2002.theprogramn1cwas furtherexpandedto uwlude
sei wha$aswell, withthesame11\0tviation given. ResoiU11ons2()00:5 and2001:8 stated the Cotumil;l;ion·sview
thatthis is nota sufficientjustification for thJ!takes of whales.
10.nIn :1.000and200l. lhcSciCornmit c~tedthatruccnldataindicatelhalthcabundanceofminkcwhales
inthe Southern Ocean, appears to havesubstantially since the lastComprehensive Assessment of these
populationssconductedin 1990.!! initiated r~a.sstshofmoultomOceanmink~whaletabundance
10be~-ompl iet03:Resolutions 2000:4 and 2001:7 asked Japan to ceuse catche.sof mink" whale-sin the
SouthernOcean Sanctua penctingtJ1e results of this review.
lQ. 1C,onelusionsth~~cfent whflicprohleu1: Tnorrcompl wiahtceCo111is1sior\·s polic:yon
seiontificling is now a greaterconservation problemthan otrrcialcommercial whaling. CurrentdcUnitions of
non-coplianoowith respecttomarine conse~uchas that inthe dmfl:f"AOcompliance adefn~ent,
non-compliance to include.any action that u.:ff~ctnesiv~nooorsvatciosn~•ulocpdby1ht··
competent re.gionalor intornatietion.regardJt'>Sosf whethe-r or not theaction is teohnicallykgal. Thu:s.
even countrieswhich take the viewthat Article VJIJof the ICRWl.egalizesall scientifictakes, howeverexce!:s1ve.
cannot claimto in complianceli1c IC'RWso long as theycontinue to ignon:Iin\birqardns
Given the limited succe.Sllin obtaining compliance with the IWC dr~pecoo scientifi';th
whaling, itisclearthata newoppneed~iHdo.ever. it is jmportllntthmany difficultiesencotmterec;lir•
tacklingis pr)Iem do de~yJKOgressin th: yofhe.rareaswhere thetWC needs to move forward.
14011. COLLABORATlON WlTUO'flillR O!U,;A..I\IlSATlONS:
1t.a)In its firstfewdecados, mostconsavstolh'~IWCrdated purelyth~eguJat'ionwhaling:at that
time the impact of whaling on tho whale populationsdwarfed tnc other conservation issues reL1tingto whales.
Cons~quc mnotofy.hactions taken by the lWC could be taken in isolatie[erc~.tnoth~r
organi7.ins.
11. b) However, the manuath WC is not limi1edthoegulation of whaling. Article LVof the JCRW
eJ,npowers the 0.)lllfl1lssionto colhtborate withagenciesofthe1\lemberGovernmems orwithotherpublicorprivate
agencies. estabUs.hmcnorgani~t iocnco~rgc,r~comr dncrnifnccs~sayorganize studies and
investigations relatingto whales.Article.Vlempowers theCommissionro makere.commendntionsonany matters
relating to whalelthe objectives oICRW.
11.cAstheemphasisofthe IWC's uctiyitiawayifromitstraditifocuonthtHeb'Ulaofwhaling,and
more towards thr conservat whalrtpopulahons with respecttothe,whole panoply of newthreats which they
face, so will the extent to which the IWC can ach\el'e lt$objectivesworking alone diminish. The multi-facetted
nature of tht new llm:at&to art•uch. that timpin ogt~<:responsibilitiesof Statesand numerous
intemAtiolandregionalagencies, suchthatthaCommis:;ion·n~vitbybechamoterizedby increasing
oolluborat1ith.'Halesandotagncci.
lt.d) Over tye~ hs IWCand itsScientificConwitt ee haveco-witha munberofotber mtematim1al
org~nizoatwhose fieldscornpet ~racivilover pwith those of the IWC or1.malters thav~
implications [orwhaleconsen•ation..Thespecificsofthiar~isted undertherclevantsubj.,ctitems in
thisdocwncnt.
11. r)nteractiobetweenceiaaeansf1sieh~nrludingincidentalcatch. l1m•eneaessitatedoo-operation w1lll
FAO. tCCAT. andIi\TTC.
11.1)he dependence ofmanywhales on theSouthern Oceanecosystem.andthepossible effectsofe}\ploitationof
otherresourcesthere,andofenvironmentalchange,hasrnotivakd thecoUabornI R SCJ\R andSO·L
GI,()13EC.
11. g) The co-opermi. CITES is clescri.l:edin theseohon on trade inwhale products.
11. h) Tho has longbeencollaboration with tJNEPand IUCNon a variety ofcetacis~-ues.cryation
l 1. i) Co--li witICEShasbeenonimmpllngof pollmant•. incetaceans,rec~nnonlyulti-speties
rnodclhng and rnanagcmcnl issues invohmg cdaccans,
11.j) The IWha~on occasi poovded direct input to the tiN. forexample in 1990on the issue of celacean
bycawh inlarge relagicclriftnets, on theque.,tionof Antarctica, and inputtoUNCED in 1992
11.''fheConventiOnonlvligratl\fYSpecS)(mdregionalcetace!mconsef\'GUeeents negotiatedunder
CMS, ~-u s ASCOBJ\NSin \he Nonhand Baltic Seas,and ACCOBAMSinthe BlackandMediterraneanseas,
provide aramework forconservameasuerlorc~t~ce taansompl~m thnstof lhe 1WC. and sctentHic
collaboration on issuesof population status-andthreats is clearly advantageous. AMemorandumot'Undc.rstanding
betweentheWCand CMS Wflsignedin 2(.100.
1L I)The increaat~ninoofth.:1\.VCtotheeffectsofglobaloce-anc~ta.a.mnoti~· telnl-ased
collahonnionththe Intergovernmentalt>ceanocommis. n liC).
11. m) The co-op;rstion withC(Indian Ocean Marine Affairs Co-opCC3tino) has been in the context of
implementation and renethlndian Ocean Sanctuary.
11.n)Implications for theIWCof inereascdcollaboration:The inc0 collaborotiveactions will in
tum i·nv,)h•echnnges to the structure ameth~o11ftho IWC and its subsidiary bodiRStheuch
SccremnatadScientificCommittee.
II
141 An increasinglyimportant roIWCois notonly totakeactions itsell: bucet~cenaoservahon
needsare taken intoaccountio nyotherbodiesth.at impactcetnceansnndtheirenvironment.Withitsstrong
scientific pthelWC,togetherwith il' new proposedConservf!tionCommittee, is well-placedtofulfillthisrole,
provided that it isulindevelopingstndig~~aworld scientifie, technicaland managementauthority for
cclaceans. Its Conservation Agtnda wiI)ntalthitnd, TheIWCha ~\Jch scicntlfic cxpcrt1scat its
disposahat·m~uwaUyC011cmcnlary \.0thatO[otllcranisimportathatheTWC\VOfKlo"put!tsc)[on
themap~m the percepto States and agencies invm~ricaffairs.
31
142Annex 38: Resolution on Whaling under Special Permit, Resolution 2003-2,
Annex F, Chair’s Report of the Fifty-Fifth Annual Meeting,
Annual Report of the International Whaling Commission 2003, 102
Resolution 2003-2
Rt>sol tion on Whaling u.ndl.'rSpecial Pet'lltit
AWARE that ArtiVIIIoftheIC'RWaUows contmcting Governments to grant Pennuslfor purposes of
scienttfrc.-;tnon whales:
N<YT'TN tGat Articvm of the TCR\V was drafted and accepted by States Parties in 1946, at a time when few
a]tcmativcs to liov~stig eaitidonsintni drasti cillcty(rom todoy,
RliCAl.LNG that smce the ftdortion of the momton w:nmerc1al whnling in 19!!511986, tha.~W\
adpotd~ovr~30 resolutions on sr e.cial penn it whali hnsexpressed tls ori mon that specia l pem1it
wh~ insghould: onlhe permitted in exceptionn l cu·cums(199.5-nnd9).meet critically impona nt
re~ar cheds (1987): satis fy cre~1shabeliby the Sc:ientllic Commllbe;conststenwith the
COnHlltssion 's constTVation policy beconCiuot.:t) unon lethal N~~attt:mqu.-s (1995 -9); and
~nsrc theconse n•ation of whasnnctu s a995~S):
RECJ\LLING in particula theComm ission hae-xpressscnouc.o~n~m athp~osSibility of whaling for
scientific purposes assuming tht'chara~commsetiaiwh;aling (1985/1);
RECALLING also ththeCommission hastatethat thmeatand products of talpcnntwhalingshould
be utilised entirely for domestic consumption(IW C J994-7) and that any commereta I intcmnunnal trade in whale
product5 obtained from reswhaling1mdermincs theiTcctJ•{cnsf thJ\VC'scon.~icJroprogrummc
(1994-7):
CONCERl>J"'fithatover 7.5CNwhales have beentakenin •;peciJ)(m•it whaling operntions sthee
mora.torium on commercial whlent~r i.t-drce~tn terei~no complete recutd asto how m11nywhales
havebeenstruckandla:.t,
AWARE that whales cauinJapan's spectal peopetau orvtdc ove.3,00lonncs of <:<hblcproducts
pc:year that an: sold for commo:rcial pUI'J'05"S:
NOl'INO that lcdand hapres~n ap<rodgJll tmmh~Comntission Which WO\lld allow th( killing or :!50
whales (100 minltc.. 100 fin and 50 :;cyearfor two yeam u Spectal Permit whaopc;mtiolhst
would providtovc4000tonncs of edible products;
~OTI)I tGat therhasnever beea fonnal assessment of sei whales in Icelandic water.>. that considerable
concern was expressed during the discussionsSci~nle lfmmctnee With regard to stat urt~is
populauon.nd that ttakeof50 scwhales under the Icelandic feasibility programme threatitsely
recovery,
Rl-iCO(lNISlNG that considerable infonnatil'eedlntCO• SYcollected hy Icelwlder itprev1ous
Sp~c lPiami suggests thlinsn<.lsei whale diet ipi~plrinotpllofkrill und thneogtinly~ oil' l;
whule scuts would prov iuea n ideal m~tholfdr cletenninin g premyth'ltr diet:
NOTING with concerthat most of thecolelct~under lcel1md's prev iou., SpeIhat.not yebeen
publi,;heU1lamost whales killed under that prcvmus pcm1it were exported; Md thal thousands of archival
tissue salesarcuJicotly avatlab lc which coulthcomplc tton oft hts rcasJbtiJty progromnlC.
NOWTHEREFORETHECOMMlSSION
E>."l'RESSES deep conce rn tharovision pennuting special permit whalingct'Unuicto oomluct
whaling for comm~r cuipoesdespite the moratorium on comnneroiol whnling:
STATF.S thnt the cutrcn t and proposed Special P<!mlit whare~rcspeennetcontrary 10 the spirit
of the moratorium on commercial whahngtheWillof the C•:>mm•ss•on:
STATfiS that Anicte \fltheCQnvenhOn isnol mtended to be e.xploiled m ordet to rruv ,de whale roe>ttfOI"
commercial purposandshall nbeso used;
llliAtr'lRMSthat non-lethal techniques atoaabwlil usuallprol'tbettJ:r datuJesco:;t lo both
Mtmnls RntlbudgeL
URGES any ~-oun uodUCWlg or constdcnntheoonduct orSpcciuPcm11t wholmg to terminaor not
~mmcnc cuch ach1tiarllsolimit scientific rcscatch tometholeon~y
143Annex 39: Resolution on Southern Hemisphere Minke Whales and Special
Permit Whaling, Resolution 2003-3, Annex G, Chair’s Report of
the Fifty-FifthAnnual Meeting, Annual Report of the International
Whaling Commission 2003, 103
Resolution 2003,3
Rcsolotion on Southe.&nHcmisphcrc Minke ''Vhalcand Spccin1Pcnnit ·w haling
NOTING that the Government of Japan continues to issue Special Pennits,under the provisions of Article VTH
of lbe Com•ernion. for lethal scientific research on mmke whales in the Southern Ocean sanctuary (Japan-s
Whale.Researl'mgrnund<>StpecPermit in AntarctJ!\.RPA.;)
R.)(:i'.AJ.UNO that the Scientific Committee agreed inwasno n lid estimate for Southern
Hemisphere minwhal~and that there isstill no agreed estimate forSouthern HemiSphere minkc whales:
J' RJHER RJ:;(',At.I.INCcroncerns expressed ln Resolution '21)004- regarrljng appreciably lower preliminary
abundane estimates forSoHcmisnbpr~uinkwhale~s
CONCERNED that the Scientific Committee report of 2001 did not rule out that the Southem Hemisphere
mihh whale population may~oereda J)rec\pitoU!;decliheover the past decade:
NOTLNG l«< M~l'2001-7. whire1e1~ethat the ScientificCommittee provCommis~ titWnC
54:
(i) a list of plahypoth~ thst may explainthisllpparem pd~oin_eon
Cii) the pos:nbleimplications thatsuchiabundance may hm•c for the management of mmkc
whalesin the Southern llemispllere_ ecol~cia-llaed species. in particular other
cetaceans, andstate o( theAntarctic marine ecosyst.:m;
FURTHERNOTING that tht list o[ plahypthose ~eported by the Scientific Comnrit.lcc(lWC/5414 -
Hepmt of the Scientific Committeoeu~csn explanationsndecline in abundance estimates mther
thann actual declineopulation; andconcluded itwasmosl approaddr"e~he request contained
in Resolut 11!01-7after con1pleting IL•work an reviewing the liX:RtSOWER abundai1ceestimates. which in
20L1.J3'emains incomplete;
RECOGNISING the emerging itnportance of alternative non-Jethal research methodologies such as scat DNA
sampling nnd bjopsy samples,
:-.lOWTHEREFORETHECOMMISSION
REQUESTS th ~cientificCommittee to provide to the ~ftm1rcompletioofthe IDCR/SOWER
sbundanl.'<e'stimate.s.all plausible hypothe;;esto eal:.>unuedtiamtetat maye.m~,rge
andin doisoto consifuUy:
(i) the JXJblcngavteiipgct of tsh of minke whalt-!>-UndeJrapan's Research Program m the
.Anrarctic, inclucling struck and lost data, on the decline in 111iikre whales population esti!llates; as
wellss
(ii) th~impact of'{-nviwnmtnLalchange !a'ctors;
CALLS 0~ thGov ~r-n toeJpan ro hAlt the JARPA progmm. or to revIlllimiootl tC\notl-letilnl
researchth oloig:_.s
RECOMN!END S that no additional J!\RPA programs be considered until the Scienufie Committee has
completedc
(i) an in-<e.Jpthreview orthe sx~eln.:ars of JARPN
(i) its revic,wof the abundance esSolflmhHemisphere miriktts;anJ
(01 theactionSorequested Rbove
aJlThaany such programs sbeJimlted to mm-lr~seh .rc
144Annex 40: Resolution on JARPA II, Resolution 2005-1, Annex C, Chair’s Report
of the Fifty-SeventhAnnual Meeting, Annual Report of the International
Whaling Commission 2005, 1
."u'WUAREPORT OPTD.ElNTERNATLONALWHALINGCOMMISSION
Annex C
Resolutions Adopted at the 57thAnnual Meeting
Resolution 2005-l
R E;SOI,UTIONON.JAFU'AII
AWARE that Alticle VHI of the International ConventiNOTJNG ihat itIsthe Government o[ Japan·s stated
lor the Regt1ltion of Whalmg allows Contracting mtentk>nto more tllan double the annorAmarctic
Governmentsto grant Special Pen>Jits for the pwpomuikc whalesand altake 50finwhale(B. physaland
scin~ifriecschon whales,
50 humpbackwhal~ ~s1egap ntovaa~ang lidrthe
RECALLING th.at since the moratorium on commercipropos,edJARPAIprogram;
wlutlingCi e int.t.f1o198/~6th<~l\ haCadopted NOTING that the Tnird Circumpolar Sw:vuyindicates
ove.r30r~lsution0n Speal Permit whaliinwhlchl~ thaiIhe abundance o[ Arttarct1ruinkc whalesl.s
has g,enorollyexpressed its opinion that Special Permit
substantially lowerthRniliaearlierestimateof 760.000, and
whAling should: be tenninated and scientific reseathat the Scientific Committee is idn~tif!ctors
limited to non-lethal m:;only (2003-2); refrain frcontributing todifferences between the two surveys;
involvinth~killing of cetacea~ancnaius{1998-4):
CONCI1RNEl]:t)hath~ re.M agreed data to indicate
~ru; uhrethe rccov<:ryof populatisnol impeded that en,dangfinwhal<populations have increased since
(19R7);·and take account commen ofthe Scientjt1c te l!essation of whaling:
Conm 1it1ec(1987).
.LU.:) OTING thatsomehunlpbaclcwllaleswhichwill
ALSO RUCA.LLING Resolution 2003-J thatno be arget~ byl.IARPA U belon.gtosmall, vulnerable
additional JapaneseW'c esearcnProgram1mder SpecialbreedingopulAtions aroUJ\dsmall island States in the
Penn it in the Antnretic (JAR.PA) progrnms be considered
until tho Scientific Committiomlp~t~anlin-depth Soutl1 P.acific and that "V('nsmall t:akt'.scould hav<'a
ddrim~. efettonlthe recovery and survival of such
review of 01cresultsof Ji\RPA populations; and
.FIJRTHE.R RECALLING thill~arerlIbisyear the
Govcmme,nt of Japan concluded J!\R.Pi\ - an 18-year ALSO CONCERNeD that JARPI\ ll may nave an.
ad1•crse impact on established long-term whale research
program <)fwhaling under Special PenniAnt- ~1tic
waters: projects involvinghumpback whales:
NO TING that thre~lt-uf tlte JARPA program have
NOW THEREFORE THI:iCOMMISSION:
n<)tbe<mreviewedby tlte Scic1l1ific Committee thisyear:
CONCER.J-.JIDthat more dmn 6,800 Antarctic minkcREQUESTS the Scientific Commitwe to reviewth~
whales (8alamop1era bonaeren$is) have been killed intcotnes of JARassdQnas possible;and
Anl<llic waters under the 18 year of JARPA, comparedSTIWNCil.Y UI~GB fte· Goven1ment of Japan to
witha toml of 840:whaleskillglobaiCybyJaprufor withdrawits JAHl>AII proposal or to revise it so thai any
scientific reS\:.ilrch31 year ptlfiod prior to tlwinformation nccttomeet lhe stated objectives of the
n1_rativo~r proos:alis obtained using non·lethalmeans.
Resolution011-52
R1£SOL UTIO N ON VACI LITATING CLOSEH COO PER ATIO N AMONG HIE RA!G\'~STATI£S TO EXJ>JWITJo:
THE SIGIITlNG SURVEY ON Tiill MINKE WHALES OFF KOREAI'1PENINSULA
RECOGN1SJNG THAT tnc conunon minkc whale stock NOW Tn EREFORETHE COlv!MTST SON:
migrating off Korea, Russia, China and Japan should beLCN!ES a workshop for non-lethalresearch
colab<)ration on this stock to be held in l!lsanearly in 2CX)6
conserved and managed appropriately, and that the
Scientific Committee is now preparing the in-del)lho be hoiltcd by the Republic of Kencuorgaeall
range:>tatesand otflerinterested parties [()p1uticipatein the
assessment fori:tock workshop;
NOTING THAT the •-patio-temporal coveragt of the
R.E(~U} heSelvan t countriesHllltnave Ll(lswveyeu
past resei!Tchon .ook.for a population assessment waters under tju~rLloicsto conduct cooperat·ivc non·
restrictedd thdataand samples for sidenti tfiic~ leta,~ci fecrseach for the 2006 surveys;and
arc still insuJiicicnl;and RECQMMJiNl)S that scients from ranstts~3nd
NO TTNG TII/\T the Commission has cla,;sified thother cotmtries to colli bomte in association with the IWC
stock as a "Protected Stock" and a~'Omprehensi veientlilicCommittee. and harmonize cffons to develop a
a~sesst mhannot been conducted dw·,npa~htwenty re-searqh prl'gJ'IImand e<1.nduc1 Hnalysis of duta. and thut
years. funds to be providcd.
145Annex 41: Resolution on JARPA, Resolution 2007-1, Annex E, Chair’s
Report of the Fifty-NinthAnnual Meeting, Annual Report of the
International Whaling Commission 2007, 90
flFTY-NINTil ANNlJALMEET. NNEXE
Annex E
Resolutions Adopted at the 59thAnnual Meeting
Resolution2007-1
RESOLU TION ON .IARI'A
WTTl>l{J;ApRrngm-ph7(h) of~cehdleest 1abn e~ has beenmore than doubled, anclfin wha.les Andhumpback
sanctttary in the Soull1cm Ocean: whales have-badd~tothe listart~gespttcie.s;
IHiCAI.UNO that the Commission has repeatedly CONCERNED that Gn w haks in the Southcm
"" l'u:stcd Contracting tor.refrain from issuinHemisphere are curolas.ideas endangered, and that
specialpeitsforresearch involvingthe killing ofhumpbae-kwhnles in tJ~RPJ \1resellrch nrca mny
withinhe Southern Ocean Sanctuar~xprcs :eeed
include indiv1d1tals from depleted breeding populations
concernal conlinuing lethal research wiU:llntheovenvintering Inthe watersof cenlsl'd~andic
Ocean Sanctuary, and hrecronm~nd tadscientific CONVTNC I;Dthntheaims of JARnAdollonddress
re-=ch involving the kil~'tacansshould onb~
cnti llm!prtant resen~ed:~
permitted where critically important research needs are
addressed; NOW TfillREf'OlU£'fHECOM.l\IIO:SJN
CONSCTOUS that the Scientific Committee last year
convened a WorkshUJanalysth~re>;ullsof JARPA L
C.>J.LSUPON thGo~vrnm ofJapan to address tue 31
which is reponed iu SC/591Rep1;
N01lNG \hal lhe Worklihop agre<!Othat none o( \hem~ndal iitndn~AJ?penclbc4 of AnnexU~lof
goalsof JARPJ\ I hadreachedandmattheresulof Scicnli('icCommittee report ~hleecember 2()06
r~icwoft hc JARPA l prog1to fh('ll<l:lisfactionof tht
the JARl'A I programme are not re-<u1ired fo.rmanuge-ment
undertheRMP; Scientifie Comm;and'C
rUHTilER NOTJNG that the Government of .IapanhasURTHER CALLS UPON th~Govnem1~tt'f Japan to
suspend inddini1ely the lethal nspeats ef JARP/\ II
authoris.cd a now special ponnlt programme in the
Antnrctic, .JARPAinwhichthe takeminke whale~ conductedwithin the SouthemOcean Whaler).ctUR
146Annex 42: Proposed Guidelines for Review of Scientific Permits, Annex L, Report
of the Scientific Committee, Rep. int. Whal. Commn 36, 1986, 133
Annex L
PrOJlO sed Guideline s for Review of Scientific Permits
Ia tnX111~ ~~o~.h p:m.thlf..drnllt_ C~llHA (",!M:ft'"C!fthe m.:1""~"" )r'tbt ph'f'U'C',I
sboaldpro~t1 ·1f,.n,..,ruarm•ttt•n
•"M<.tn•nd :te"~huh Of1t1UkebhoodthAt 1ik
l A !tUIItmttll ,., •~thc! rhc f'tmhlprupoial mcthcI ~&Y'~~~I 1tlMl~htt~tl'lt'ICI\IOIIQc~tHifiC
-.J.::qualel} •J'tht"tnur Wtf nl tl"h•tmllinn obe.;u\· 1ct~e: a)ft'lrncnh maylho t~K1uck
eubu 11ono( tbc: mcthodolog) ill kfll\t of cune.nJ
u:qwtd uncle1Parattllph(Ithe-Xh«!ulr
2 C.'l'mmrnhoo.lheohJc:~ tIhbecrt:'-t.ltChe111 scitnlifickn.111.kJp.
I.:IJf(JUttmdcr lhc r••'J't>taen~l crmCt.
lndwdut1.1artiwbr huwbe'm1~; rrale 10retoev.:h Cnm[n('nb on 1hc Qlk"'U ..~ imph(lli•'n' •>f
ncc-.;1i,dcatJfiCdSaet~t •f.m.:ntc 'J'I«-1-fkda;rnnpoI11JJ"ar1l(q'b)\CICM.nh (1(
3. Atc.\~ufthr m\)Strtt•form~uoOn flbeqo,;ft; or I>Owf .._IMHli.
tkld.'t.:•llktnl<d, lOdedlnformat a~om""
t.q:tbt.monu~~.a.Wk,u. aodrc..·ommcftd b.t.,6 Aa n•ll.l;t,luln of t~·fl .•ulon111M pttm11
th~SCIl lJfC t'QDIIU.lol' d.aJt: tuldl!dwt,, •herprop:Kml u'f!O"CCtdc ~ on W ltt.cn·•Iof 1bt
•pproprltu.llltmltl.an.tly~~: Mnl.l'"-l•lth•nd tcCk', ;\'\ •rrroprYtc~d~nuf Cnrnu•n. tlll)t~
p..~ilM tllueln~·· c..my0"1 io-•tl atWyl of be J'OI' tf~U
147Annex 43 Resolution on Special Permits for Scientific Research, Appendix 2,
Chairman’s Report of the Thirty-Eighth Annual Meeting, Rep. int.
Whal. Commn 37, 1987, 25
1986-Appendl:l:2
ncsolution on Special'J)ct1totSciCJttifir ncscal'rh
WHEREAS the purp.oefh~Tntemational WhalCommi~sioisto provide for the proper conscJvation of
whalestocandthusmake possible tlte orderly developmentofthc whaliitg industry; and
WJlr::.REASthe Commission has decided that catch limits for the killing for commercial purposes of whales
fromal..lstocks 1986coast>tland1985/8pelagicseasandthereaftershall be 7e.ro, this provisionto
be ke1.1c1reviewbased on the beSt scientificadvice, the Commissby \990at the.htest to
undertaacomprehen -s;esmentof the effects d~isinon whale. stock:;and consider modification
ofthisrovisiondthe.~blaishmoeotterllf•lch li111i;tsand
W1IGR£AS ArticlVrllor the International Convention for the Regulation of Whaling provides thRt
notx\ltibstanding anything oontained ln the COnventioGovrerun~mralgtant to any of hs
nationalssp~cipcln1itauthorizing that national to kilL take and treat whales for purposes of sc1cntific
c~arc shbjectsuchotherconditiu6lhC~ontractOov~rr tthnk11fit: and
WHEREAS paragraph30 of the Schedule of the Com<entionprovidesforaUpropor~viedwbytsto be
theScientificCt'nmiittce; and
W1fi.SRJ!ASthe killing, mking and treating opurpo~.eoescientific research shouhe only
uncratk~inamanner consistent with lltc principles anditheprovisicofh~Convcntian.
NOWTHEREFORE rhcCom111ission. ltil the ComprchAs.s~ss mcdetSchedule paragraph IO(e)is
completed.
Recommends that ptodeciding.on the grantingitfortlkilling,Hiking and treating ofwhales tor
the purpose scientific research, CGovcrrtiu~wehile complying fully with Paragraph 30 of the
Sohdu.,seouldalt~k acountofguideline.sdrawbytheScie.ntif:>mit tee.
Recomends that Conlracting Governments in deciding the issuance ot poslonpt~ntorons.
withdrnwalof p~nni,hould takeaccountof the commentsof the ScientificCommittee.
Hecomme ~tat the durAtionof~uohpent1is.~u bedhe ContrActingGovernments.should be strictly
limhdtol.b<n!eed lor comoftheproposed research
Renffinnsta~stated in f'amgraph30Soh~dulthe l'relimireu.losth~oinefire<>enrhill he
subjecttoannualreviewhythe ScientificCommittee.
R~cmomendsthat Contracting Governments when considoring proposed research pom1its and tht Scientific
Committee when reviewingsuch pennits and when reviewlng the results or resC3rchfrom ponnits previously
issued accordancewith the proceduresoft he Convtakointo accountwhether:
(1) theObjectives of the Icscareh are not prnctically and scicnti:riletha~seaichle throughnon
techniques:
(2) th ~roposer~~ear 1cinn~ck,andsmJcl\~ arcodlngly to conlribute lnro~ssteanor
rational managementhe stock;
(J) h~number, age and sex of whales to be tah n arenecessary to complete the research snd will facil:iLaLe
thcond ~ft\e comprehensiveassessmlln\.;
(4) whales willbekilled in acnsist~w it(hpro 5vnoof Sectionofht~Sch~du,dueregArd
beinghad to whether therearccompellineasonn1thecontrary.
Rccommlmdsthat ContractGovernments ensure d1atmaximum11cinctific infom1aiton beobtained fromany
whales takenunder spemtt~forscientifi!!re&earoh.
148Rc"Vmmtnds!haltakmg inlo acconnlParagraph ! of Art•clcVJUof lhcCOil\cnllon. folio" mg the compklton
of scienufic treatmentthemeet as wellas theshouldru~tthc~nmartly for localconsumption.
Kccommcndsthat great careuld.:taken by Cont:racungGovemml!nts when CO/\sidrs~cialssuing
~rmi~ lor the talang of whales from a Protection Srock ConlrllCLmgGovernmetensureld take car'e
thHt thepropos.ldeaten urth d~prlctiltock.~ubtantia illeuilidcovery.
Ruiterattnut Con.tmctmgGovernments shouLdgrnnt no permits unJillhll pro[>OSQlIu:r; such permitsbavc b.:m
reviewed•naccordance wlthParagraph Scneul~andrurtht:r
Recommends that Contracting Governments submit proposuls for scient~:us of researchd
obtained trompenuils prc,•touLDaccordanwith tprocedurestheConventioto thSecretaof
theCommi~s nnoli Rler tnHn 60 clays be(ore the nn~tof the SoientifioCommit!ee.
149Annex 44: Resolution on Scientific Research Programmes, Appendix 1,
Chairman’s Report of the Thirty-Ninth Annual Meeting, Rep. int.
Whal. Commn 38, 1988, 27-28
1987-Appc.ndu 1
Resolution on Scientifi c Rese.arc.h Pr·ogr·ammes
Wll.ER.ti1\the[ntemationalWhalingCommissionadoptedunderArticleVof th<;Conventionand incorporated
in paragraphIO(c) of 1e Schedule a reg1l1at.ionproviding tcatch Umist forthe killing for commercial
purpo .sofwhalesfromallstocksfor the 1986coa.~ ana he 1985/S6 pclag1csoosonsand ther~tlers behall
zero, !his provision tk.:l under review bas.:d on the best scient ific advice, lhc Cobeingrequired
by 1990 at the latest to undertacompr~ nhsiv asessmentof the.effectof this decisionon whale stocks;
Hnd
WHEREAS ArticleVI of lbc Convention provides thattheConm1ission may make reCOilllllcndalianto
ContrnctingGovernmentson any matters whichrelateto whales or whalinand in accordancewithArticleVI
1hc Commission adopt.1din1986 a R.:sohruonon Special Permits forScientific Resea(lW C/38/28)which
re.rnaiincfftct;and
WIlf!RE1\S Article VIIof the Conven tion provid es thRt a Con tracting. Gove rnment may gr:mt to any of its
nationalsaspecial pe1mitauthorizingthat national to kill, and treat whales for purposesof scientific
research,and that such killing, takingand treatiwhalesinaccordancewith the provisionsofthisM iele
shaUbe cxcmpl from theopc rdtion of the Conven andn:
WH.HREAS paragraph30 oftheScheduleto theConvcmionprovides for theScientificCommitteetoreview aU
proposed~pcc lpamtitstobe issuedbyContractingGoyert Wnlta~dresearch programsunderexistingspecial
pon:nits that invthekilling, taking, or treofiwhales: and
WH.HREJ\S the Commissionrecognisesthat th<:conduct of the comprehensiveassessment as referenced in
paragrah LO(c)of the Scheduletothe Convention is consideredof highest priorittherCommissionwhile
such paragrap h i:; applicab le;
NOIV, THEREFORE, THE COMNJJS!SON. in order to safeguard and promote its internationalwhale
conservation programand inf11rthcrancftheobjectivesexpressedin paragra1O(e)oftheSchedule;
Rl-lQUHSTS that tlte Sclenti lic Com mittee annua lly review all re&arclt programs involving the killing of whales
under special permits and report theirviews on whetherthe prugromsunder an existingor proposed spec1al
pc.nnitat leastsatisthefollowing criteria in additisuchoguidelinesas may beapplicable, incltidingthe
c.:rtieria specinthGResolution adopted in J986 on Special Permits for SciResearch(IWC /) 8/28):
(l )The research addresses a question or questions tha1 shouldbe answered in order to conduct the
comprd1611ivcassessmentorto meetothercritically importantreseaneeds;
(~)The researc h can he conducted without adver.;ely affec ting the overall sltrens dfthe stock 111
questionorthesuccessofthe comprehensiveassessmwtofsuch stock;
(3) Tlw researc h addresses a queor questionsthat cannot banswered by analysiof cxisl.idata anc1Jor
useof norl- lefhresearchwchn(ques;and
(4)Th~ rt;1'eaisIikclvtoyield re.sults leading to reliable aJhe question oquestionsbeingaddr(lSI:;_ed
150AGREES 10 r~vu: nnnually. b.:ginrungW1ththe 39\h 1\VC mc.:hng, t!KReport of lhc Se1enlific Comm111et
rcgardmgspcc1alpcmnls mvoh•mglhe lalling of whales
AGREES, shouldan ongoingor proposedresearch programnot lhccriter~cifi intheResolution
m.loptcdm 1986 on Spo=al Pem1iSciniJcRic~:ur (VhCJ38,;!8)and additionaUy, bcgmningat the 40lh
1\VC mcclmg. lhc above critcna m the view of the CommiSSion.totheContractmg Government
concerned.
RECOMMENDSthai ConlrdclingGovcmm~nl is.rovidinthSccr~ Uitrpoposedspeciap.:rmiand in
subm1lhogrcpons on programs unckr to theSc1cn\ific ConwICW!ipccifyhow t-achproposcuspcc1al
perm1toprogramsatisfieach of abovecrit.:na inaddto sucgu1deilnesasmay be applicable.
R.ECOM!v1END ShatContr a (erniens,inthe~xrcisoctheir Sovereignrights. rdi'ain fror issuing
revoke. pcmHIS to ib natioth~athe Comm1sston. taking 1nto account 1hc comments of iiS ScientiGc
Comnuttee.onsidersdonosausfeachof the critena 'edaboveandthere'rare notcorlStsterntheh
Commission'conservationpolicy.
151Annex 45: Review of Scientific Permits, Annex O, Report of the Scientific
Committee, Rep. int. Whal. Commn 39, 1989, 154
"'
Annex 0
Review of Scientific Permit s
1hr-Pro~l 'A Sl.Ult'MO' tnVtiiCihClr fl'C'lOII-4'lb(onurnhct. uj),C'4:~f"'""'\."be IALtn~om
p1Uof"'lUlld~ld)U•pIcK'11f')lt"Chuf lltftlnn•tltm n«:t16-l.t~.,l'e,~lccIC'<l.land"~l~l.lht<!lr
1\:Qlilhund~ tflh8111pbuflth,· \..;htIHtt•mlt' 1hc-tt\6duutlht t•Itcbt'nlt~-»nsmf"nl
UIJ41t~·mm..b; Jl3).
(Rrp flitWhel Cn•mt•31 ~..'-,
·ottttl\notthcm;ca.cb:" (~htd r.....,.,, :-'\\'h •aIhle~•lltm• m.-nnc-CUMI"~ ..,6'''
1 ~,,.. t•f~'IK> Jllpfth..:Sc-Mduk, d•.c u·rar.t
: '"mhct.<ot.t,wranduod:~ t.ltult.mml•tClt'IC'
,c;..b(..,.~· bnaJ ll.ad.-.bttbctt>c&JT ~illl'- ti'hhC'
J ~UIItllb fuJpaninp.tfJP'lft lf'Ht~ b! n:.a.·4)lhc "'-''''"' •
,R_,,,_ now c...,, .,.,.•
tCWR'I!>h()focbn•focn;aoJ t'lo.;hnl P•lOt
" P"" 1Ne riYctl en ~"'"'1 otthe"''t"1 Th1"'•'J.Jtd.rh.lcfl)Uw ~""'" 10 td~fl)
t\chc.JP.ua \11 fM U\C of ftiJCHtflhupoom'(
tHtp oo n·lt#l'o'""'1' 1.'I
Ohk \.1h fht ObJCCIWndftJKpf\'J"'11•'rtul!'-\1..,..
!he r •\'f~1haJuin.~ l'ncn, the CUPIIfY..tlllbc:nfl• Uuu rfl".\m1un"~nnf udPtn~o tr lJblw'l•n~o·J
'"mmcrHun 1ho tulki'Wo·mg fmm J'H)'A-hAk'lulcn undtt 'P"i~toni 1•lf
't'tHt ll tlttheobjecll\'Jlthl"fC"te Il iUdl '(lc:nhfi(' fC"C'tH,.ill/Wlrnl( 1' mrmt!~I,
7 "Tbt~t..euhh m.cly ,,, )lthJ h~ll~lllto.hlr
t.:llt'\lu i uodthe. PWS>tl'!d('tcntpc1ml l ansv.llOrhectu~' 'tquC"otJUmbc:-fdd.J,·~t.cd'
mcludmg '" p~rucu Jawrlh(l) rn.J1rl.actu (Ht'r rttt UluCtrmmr~~·:!7·!MI
rcw..m:hntl'dliJificJhy 1h" S<knf'.,mmmn '
(R:tp ~"\\' '.,,,.,~ 13~·
£n't'('(()( o ka.tl.h·~O kC"A sum:m~ 1ttho:
: Thr l'f1'POKd ~ mlc:eduJ ud ,l.t\Khlrcd ~(1o '\ole."•-"ftf'lh.f'~C fC'Ql!i.flo1hl'
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tRip w \U•41(OM-11131 1S1 •;\ tnK"i!ttmutJ ""'"'l;lllof ~Mo~nlcllf
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) 'Tbc r~atd Wdr~ a q~.:!•JNfqlU'C'O!tlr,l fn
"'»uiJ he •n~Wtt 11 ufkr lota•nJu.;ttk nplu!UriUC~~o1-o.htn ..utra.,..mrlld4t•b)ll.'l
H•ITtr"fthcJ1&\..~C (f l1I« Iui!KJUlla:JliJ)' t.lSue-nut!.. Cummukcto W1c (1-ndudu!J v.txrc
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lht C'utmfllllft'!l cummenl!. on
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Ctt~lilCIttnlbr:~·bc>dc ·lthl-lt)dp~d urry etult l\ n.,tl I.'I!~~ ib~dft(b
l(.'ot.llch .C:\'~l tn~thl~><l'l lYh<llc (ll 't~n·~u Curt'""~ 1.\)J
J 'ihe~uch c.n tiC.'U\Odun(~tlbw alTnt:t
aac:th~ •,J.leatoIIChiC"1>C'U4I~&OUhbc. 7
obJC..'1nn1bcsc ("CDft'll'1U, I1ho) ~mllalk •fttou'lthtt"<r.alf 'tah&<tandtrmdl ot tqe•t.x-1
f\.alualiof tJ~ In ltiioJ Oflfnt qw:..tlllfW'lhf'~ l'fTtJt~tbt.n"~
dcnrar.~kdfc • ~·· ... ~h \tOO..\.
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.!. TN •lt>t( olltCrn;eum atC"not pr..,tA lU~
"'kl'llIJ\ ft:tiibth-rDn nJ••hn·1~ r-a.-hll Ronrdt nMloCHntk•n <'\ bond wmm.an ,.,tht
l«btll'fU~,: (·f'pill~'hu (';,.,.~',lSI llrl!lfCmC""h m4h~ lht P'''f'\houldfinf h: p\Cfl
follll$1otltlf.-'ommltt',1cu"n"~
't'hrt..cnrt1dd:res• IJllt'"l••quntllllttul
~•fU J .n~\lliRb) an.ai <sUum!nJl.lllhiiUh.l 11 rommtn ll nn the- .c--qu. aui-mrl•e.PmtLtl4
\IMQfnon·k lb~~e!h UC~cnhhuc- ;ul '~J fIlC!.e•inttr torn.t,p.t-tnib)· \C\'Crl'lll\ltLf
(Rtp mt Wlrul Ummm --· :7-U) nth.en~hott•{Ht'fJ irlWlwt t'O'III36 D3)
152Annex 46: Resolution on Whaling under Special Permit, IWC Resolution 1995-9,
Appendix 10, Chairman’s Report of the Forty-Seventh Annual Meeting,
Rep. int. Whal. Commn 46, 1996, 46-47
IWC Resolution 19!)5-9
Resolution on Whalingund~r Spcdal P£·nnit
WHERF.!\S the TntemationalConvention forthe Ret;ilreoognise!lthe intthn:uionsof
the worlsa~guarin for futuregcru:rationsthe great natural n:sourws rcpr,·sentctlby the whale stocks:
WHEREAS the Commission adopted in paragraph IO(e)of the So:hcduk to the ConOfltion zero catch limits
commc.rciulwhuling becauseof conccmabout ovtr·exploitation o.rwhule:stoc"-':
WHEREAS t\rtJcVfiof the Convention prU1~any Cwtroc tifl!lGovcmmcnl may grant to any or its
na1onal,; e special pennit authorulng !bat nationallL'eh~e~f1r1ruo}ose$ o[ scien(i[)c
rese:1rch, ahat such killing, taking awhae~in accordance with the provisions of'this Aniclc
shall he exempt from the operAtion on;the Conventi11
Wllli RliAS Contrllctirlg. irexercisitheir nghts Al1rclt VIII, shou ld nevertheless respect
t\tUythe Commission's arrangements twhulnan~(•nsurethth~killirlg, wkintrtiangf
whales ~Cl tenre~es ~r~olW1ldertakenin a mannercons.ist.provi~hnndpniciplesof the
C'<n'vtenllon:
WllliREAS the Comm1!J.Sioins developing a Revised \1anfOfcommercial whalingha~d
adopteda Re.'llllutio(nTWC1994-S)accepting thaoftheR~visedMall!lgcmcntProceduregiven
,., Anne(R~ip1LWhat.Comnm 44·I-li-52) completed the marnSCientificcomponem in the Scheme:
WIIFREI\Swiththe <kvelopmentof modemscientificIllS n~s:my 10kill wha1obl!lmthe
1nfonnalithat is needed for inuial implemenRC'IIt~1na:lj!c mrceture farparucular
whale stock,
NOWTHEREFORE the Comruiss1on:
RECOlvfiv1ffi..1)S
-that .cientitlc rese-arch intended to assist the comprehensive ussc.-smcntof whale stock. and the unplcmentation
of the RevisetlManagement Procedun: s,hallbe umlertaken by llort-l•thQImeans.
-that soiure~lceinvulving the k"rceHtum;shoulonlbe pemitr i~dxQ~untloioum~naeH
where the quesrions address criJicaUyimportanLissues Wh1chcann•ot be answered by the analysis ofoxisting data
nndlou.of non-lethal research techniques;
ltHQlll!Sthe ScientificCommittee, with rSpeolie11nrsenrcprorgmme~:
-lo undenak"ea comrreher1srve review of all eXJstuJgprogramme!!noLtf1ed10 ll and report iL•v1ewson wl\ether
sucnrogl'lllremainjusufiainthlignof trecommreldatiorl>nnd.irl('lllrrn whether any
lelhal!;Cierese~cs~btcnially contribures to answering c,riticnlly important queStionswhich cannot be
an.wered oUler means;
-tcon.~ allee rrogrammessubmitted to it rn the ligrccommendbov,ati<1n.~
-to undenakeannualreviof all programmes and to unmore tntcnsrverevof all loog-ltrTII
programmes;n five year intervals:
-1structW'cnsrevrewsof progrto.es
153 itkntifh~ rdationshJpbetwprogr!o lmjm~ctailreearh needs previously Identifiedby SoientHic
Commit.t;e
evnlunte Ihe likelihoodof theprogrammemeohj~e clbiprovidingreliableanstothequestions
posed;
identify.whe1proposal specifieslmeth: on.n-lethalmethod<;and Alternativesources of dRft•which
mightbeusedin meetingtherescarcnobjectives;
AGREES. ~holutalcontinumg orpropos ~pecJap~mritres\eoJIhCprogramm0onot, in the view of the
Commission, satisfythecriteriaspecifiedinthisResolution toso notifythemcntconcerned;'cm
RBCOM!\4EN"DtShat ContractingGovernminprovidingthe Secretarywithproposedspecialpemuts and tn
submittingropons on n:.scarchprogmmmt'S to the Sciuntillc Committ!!lt [or review, specifyhow each proposed
specialpermitor programme satist:icstheabm'Crtcommcndation3:
REQUESTSeach ContractingGovummentoensurethat all scientific inrormationanddata availaWtto it with
respect to whales and whaling.mcludingresults of researchcootoArticles1V«ml VTllof the
Clmvunlion, are submitt.cd promptly to·the ScientificC:Jmmitlce for review, analysisand<:on.swcrat.lon;
RBCO.Mlv!ENDtShat Contracling Governmentsexxrciseof theirsovereign rights.rdrain !rom issu.ing or
revoke. pormits to i.tsnationals-that the r;o mmission. taking into accouitScientificnts of
Commiuee. con;;icso not sat1si:Vcrit ~eclfed above anLh~o r~ere not consistenl with the
Commission'sconservapolic~y
RHCOrvfMENDS thnt,if whales are kille.dunderthe provisionsof ArticleVIII of theConvention, thisshould be
doneina maJlJ\erconsiwitthe provisionsof Sectiontrl of ie.:Jhec:L
AGREES that this Resolutionreplaces the ResolutiotnlYllGand 1987 on Special Pe1mitwhnling
(Rep. imWhaLCommn 37:25and38:27).
154Annex 47: Resolution on Special Permits for Scientific Research, IWC Resolution
1999-2, Appendix 3, Chairman’s Report of the Fifty-First Annual Meeting,
Annual Report of the International Whaling Commission 1999, 52
JW(' Rl'solutiun 1999-2
Resolution on Speci;d Penult s tor SctiJic ReseaJ'\'h
WHBRE..I\SParagraph l of .1\rl]clc VIH of the Intcrnalional Co!Wcnilon 1or the Regulation of Whaling
{Conycntion) provtha~nowithta~ndmg<mhyinconlamoclin Conventi a~y ContractGovcm m~nt
1\l~ranto any of nAtiona!SpeciaPemti(Special Permit) authorising that national treatill, lake and
whales foth ~urposes of scicrcs~ac rubect1.suchod~r conditions as the Conlracling Govcmruc:nt
thinks And;
WHE!iliASParagraph 30 th,tchdul SoMJulej tothe Comtilln providesthpopo~ dpe.ciul
l'Bm>ils be rel'bytl1cScientCommitteeand
WHEREAS Paragraph 3Artie v m~also requires tl1ateach Contracting Govcrnmem sha~uchransmit to
body as shall beldesignatedby thGCommission, insofar as is pmct.icablcand at intervals of not more than one.
y~-n sielltific i11fonavailab1<thnlGovern nt ~ithwes11ectto whales and whnling, including the
n"SultsoficscarcIducted pursuanLWParagraph l of~m:rtand.
WHEREAS the Sciontilic-Commit1ec rttccivesand rcvic.ws in!orbyContractingGovernments
underParagraph 3 ofArticle VITIand reportson this lo theCommission_
NOW 1 HEilii FORE, theCommission:
REQUESTS the Soientil1cC.miltec, with respect to All Sp.iResearchProgrm am,ro provtdu
advioeto the Commissil'the research to be undpun;~etroay prp~ed Special Peior tllltthas
been undertaken in respect of any Special Permit as to whe:thcr the infonuation sought in the research
progn1n1meundeachSp<lcl Pemtit is;
- cqui uf~rU1c purposesofmanagcmcolhf;pccicsor atock beingreS<a:rched;and
whether the infom1ation sought could be obtained bynon-I<Hhlameans,
155Annex 48: Guidelines for the Review of Scientific Permit Proposals, Annex Y, Report
of the Scientific Committee, J. Cetacean Res Manage. 3 (Suppl.), 2001,
371-372
Ann~x Y
Guideljnes ror the Re' ie\1 of Scientific Permil Proposals
tlrt"l':)r.a. •
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157Annex 49: Process for the Review of Special Permit Proposals and Research Results
from Existing and Completed Permits, Annex P, Report of the Scientific
Committee, J. Cetacean Res. Manage. 11 (Suppl.), 2009, 398-401
•'"*' ''I 111~11':'\t ;"'1tl~lt~'''~""~I'
Process for the Re'ic" or Special Permit I'Nll>o sals and
Research Re sul ~tfrom E~s itin and Completed Permit \
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or Scim«" In Cnflj\lflCii~SwOO.ngStcmng Group
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Cof'nmiUetrtpor1 will then bc.Mibmf(thCOlmmi~iOI' J,C'""""Ii'<M'IW""If~J.'I'IIb"~
afldbeeor'nc:publitai\lalb atl~o~nin Jl1he IWC h'lcnuiii:IIIA Wb.olbnaCt.Z006.R#la ur ''"-''«Ili ff "" lhcl
St'1t.-if1PCCo)fA'f lP lr1t Wl'i{l""'· ~$:lliO.Sl
AMIJ:tML'C'ti.ng
161Annex 50: Report of Technical Committee Working Group on Socio-Economic
Implications and Small-Type Whaling (1991) IWC/43/16
RJ;J•ORTorn:cnNICA l, CO~I'Ilrn :\:£KU<C GMOlP 0 '
'SOCIO-FC0"\0!\UC I\1JIUCA'IOSSA..'0S~L\u,.. \T-AU'-:G
1. CII.,AJR:.t\\'ELCO~H:
J.. AOMISSION"Of' ODSERVEKS
4.T£R.\ISOF RF.FERF.l'CE
At the.tbt Annuli Med in&lheCommluloP euabhih ~i «h nltaConamincc. WorLinJ C.toup on
Sodo<OJnomk lmpllcati :OnsaS~U·t)l WitCtl!"'lltbc.CoUOWnJ1!terna orrek:e n«
(I) To reo.ievoIinfo~1i sUonm•llcdoo tsocial e:o~nmdc lrtiJ>lieo:ou
lmr lrf'lrr.t~rn e:urh ltrn11\e\tfPul>on.and ro t+-1uture sups1
•ci<JrerQt:ll pot-l:m.'
(2) \\tlbOUI rettnchUw:uopc orIhe discuuioa. ciw:runhetconsJdc.mion 10
the situ.tion o'-'•riO\in-d.sof sm»IHype .,.l'lallncan4 to''"<~OJ'
tntllJ'loUliOsnubntlncd
!Rep.,, ll'ltnlC-= <Ck31A.pp S1
AI Ihe 4:!-ndAnnu:IJ Meetin f the CortmJ.S.SIOnendfCCOn\mCnd;t[OrOf Ibe \I.OrkJng
Group whlt:hconch:ded that
'"•r t
(3) the Chairm.an.lC<>~\i ol hibtIhe:Oaltman nrlhe Comm•t•IOfan.dIhe
~ut:.l' dcurman~ aao )d<H11onal mC'chacc:cb 10 be tDD\C:ncd before: 1h..:
r.t:'\r.nMut~.ld.ni: t'·e UJ:hlOf "t'•d.1-~e-n1a ttr1-d. ('uti.I
Ch~(U \olUifle:ommucat:uc:JInOr.cc.mtoe.Z\c c~.irmanrequott<l tt·•
mc::nltc'. ""· han!!10fftC1'1!UC:r1;l1lc1:~UtfletOf the CQ.a:.:rt1"\ioCI
162 • p:.ptprovi~ dre~cn •form.:n[Qon the tOCiO<C>nomki:mplicatiof me :tetcn~b limit tn the
two STCW contm~o~ onrAyeul:~ an'"A"bthm. Ia spealiaa&10 tbb rcpo~h Abt. a rc.swten•of
Arub~a£ .1~ >eulled cu.ruplcs ofbct.at O"Alltt$'erroru to r1be STCW fzs.hc:roiJav.in&tht:
tossor Clinkc •·hale quous in 19thediff'icu11iet rabycnw mc.mberJ••bo lo.sl thjabi,Ihe
0\:itmiga_tlorpeople (romAyub•--a.abercductd amaction of IbcovooISltOuti.da tinallon. lhe
imraa or themt.atlonofv;•balin'on lht'lofishery activand thre-cenfailure of $.limon rarming
effortS in the:tmmodullearea. In thotcA~l. illIvpa'tJular. :tll lhesc fuctorssc:r,:c.to unc!c:.tminc
IOCl3people'contidt lnIbe-futureor tllcomm~,~. nUitlke flSbln&comm"'rUtic~hc.r chose
10e:ecoi'Omyll'lan~dhl aornsfrwc.d bresourc.edcplcoonrcopk InJlp;s!LCSTCWcocnr:uoJHes
s.uev(dc.nc.eIncreasinv.~a ltcks so rep•d the.conlinuatiot tbemontonum u ao---atnntc.d.
Thc Joa1 pcoptc.lool fOI"10•-tC$umpliOon1cm:s.tai•'Nhfl&alb.a\.s.ubJisbt.dlocl.atu~metu
commiuce:s to rcc•btc 1t.edistribllltion or multo order 10pruervcdislincth ·c.locull ural
tr.llditioG:s.
NO"'Ze.alandas~ edclhc.rhe B.'llrsked wh, le and pfl\llhJCJI'Ichreported in TC/U'SES1"2
arcrepl~ei lngmlnhwhales ca.ugtu prioH)themora1orium , Japan an.swcrethu in uchyar
(otlowin&the mur:uoriulhtrc\\~$ hllfVtslos.;Baird'sbc.Jkcd.. btles in Jap.ao, half ot '*thCbwen
aught inA)\lk: Se\tY ~i"twflales were.also aughiAyo)wl."uch year Wluk mQI b rtpoul
food. Minke •htlcmt2tis prderrc::d:II• the A.)-vkl•'3ud A••~ir•-bcra:Ba.i.rd'sbc:.l\o6 ..:Mk
~~ b prcfcuCldtn Oth$r.Ull-type co.cal-tuhareas..
New Zealln4atsouktd wllethetlaaon other lhan the (.C:$$lllonorlt had cau$Cdpopulation IQSs.
Japanans•terc4that proci$dc1allwere unavailable, bIhat tmllke the remote commuahiCJiwhere
dcpopulatlon «C urss raduallO!ihlka township experiencedI lUdden Chi O&C·Tbc deCICIICor
population b du" '"''c.tMtn..Fh~t thosec:ng-ageicnswhallldtthe cocunun1ty.Secondly,1hose
as.sodatwhh amll:ued lndustrics,st:trucldn&and •»le mt:ll "-'rlpf'IIIa«eacd.. h tauhed
instruaural <hln£CS5ocaindustry.
Aauraba a.. dIttbacv.~ a tbJttCU..'(or lhC:ded1M In popubuoetth•tbeltlheClodine1ftrl$.tung
h:t4Y1Uit1 Japn lns.,·ercd that 80: t the local industry wn Jupponed wbiHnaln Ayubw-a
Dcpop~la cltOI 10lhe dechne in wh.llllng poriOn O(lhCpopul2hOndecl1ne tChllcd1.0 decline
fnrtSheriellumtll
2. TC/43/SESTl,The Cultut>lSi&niOcor."'E""')"l>FoodUse
The:repon ubled last ~·e :nralrd Ouantiric:ation or LoeNud forMin'-eWbalc. Meat lor the
A)'Ubv.';\·butd Mu'ltc.Whak: Fis(TC<~liSE eTO'$lcoquanti() the 1oaJ human ceed kn mintc
whale.meat com-umc.drocuJturaii)·S'plifiaend u-seLIn that study, thiny-onecultur-aii)·SI&Jtificam
W.et "-·etcrecocnlzed, one or wblc,.,1'everydl)u~: The: Working, Group asked ror further
cbn.6calJOno(ttlk arOfoonsumption TC/HJSESTl "''Dpre&e.tncd byJap3n.
The lirst p1r1or the paper revthw~urren1social scienlht.ta turt. whagree that cvcryda] meal
eventssel'\'ethtcilltaand mtfnta1n tht individual's social intc::tfltthe comranu)·-ln the
second pan. the.principles or •hale meJ~n bl~bb c:oasumptloRlc tbc:STCW communhic.S '*'"3.5
S'-lntmarbedSu criteria aCOn\ldcttdwhea ctoos•nr foodhem. tbe rOO pdeparation rne1bod.a,_nd
""'benconsldc.nnthe typesor fooelcltln& t'•ethesecutcrJa ava,chility,se:nsory preferenc.c:.
symbOhc valoc, hc.all\--aluhi,IOrJtal ..·aluc an4 1etcial valuC' ComparboC\'er)dl)use and
ttrcmonJalusc madeitclear 1ha1the peopinSTCW c.ommunillc:iusewbalemeat and bl~bb 10satisfy
mostor 11\cc:meria ror bcnhryotmeal AnOthercomp.1ri:K1.,.'made bcl~· tecn or "haLe me.·u
in CV4:r)'d.}e'11ith that or chtcken,JlOtk and bc:ef Whc:rus these nonfoodaItems.mays:atisf)
the Ctlte:Ofaa\-:tllabihtyl&ndS.CnSOIr)rc(c:rcnc(~lipetO~Jd c urfiC:ilnuln1mc O fpnboliC.
lcc.,~ hUIUtltJl, IC$1hClit.IOCWlI•IQitOtwCO..II.1c:tiUUIUT-be.rc/ortkD""kllthJ WOUtiUllllia
such sublltiUic.meatsdo not YtiSb.:-.orih·SClUCol"'c:IbettiCflbe peor&cC:DIIIO'nK'd
~3-16 )
163 :}.T~JL~~T<~AJ~ DaU'ne:M.ciDfoo4 Prdcrut~"' •ClIId 10 "bala Muc Rcpon 0~1
o- .......... ... .o.,,\JoT......tup
bpan made r~t'f ..1w l)«dusioaoCTQt.GsEST' ·A# Odfncnor" NJo.JPrdercr.ae 'lli.llb Rcco.,.1
C.\\1\Ji\~t .-."oc u ·uuu.tcdtt<k.:II'Cdc:tlt<bolk •!uba ban arcao~Lmited. oIIe
otJt"tp 1"' Jf~~,utflotr, nu&Oa1•rc«tJtiOIia11Nporwbtioa
UK Ualrd lhJI II lf'JICoal.Uw.lt.alemeat beaInsh~l \flJIIII•·.in.aWLng.l.yt<in& lbr:d
urcmonl.tm~ l\.biJt:ou110MlC-.hal condusioa wa1becJr~ toral..il.
:o-eZala.W .. >IN ltraru TC.i'J SESTl had ancmpiN10~· tlolltur~. "r'cuncet iDa&lob I.~
coa~~t It1h• ,,.,..4... uuuuaint 10:wac 1ha~ l,al.anJ he4 t.cCMcxpmeacc ..,.ith the c.onnk:l
o-r~~< t•aJiliNPI.,.6/t.pec-a.ad~"JohOa DOCd\.llwt ll•u'""n hai wllDc d.uue l 1a1
All•r.aprd~J .C" ()r «tUlaloo.harcs,Jethl C-~Uf I<,C 11.Jfi4MaJ ad.alpt.a.Tht p.apct
'tt;ol\'SEST4 .....t.WI.r:--rpeople.a }.. werepad...a.....S 10~k ee-l.ittalioc..
J•p>•...,., ,..oi,ccao<ol_, O)l><a>or.al..uLac-oloG It.,.,....,. _otil'"'llfl<
01o.1 by~ 7~ta• ~~a c.~lx:~: atsz.i.-l)'COHQJ..,.....wearc.x ~ *""' mn~
lkrletiootraoun:a. lr'C'.If"N1C&liUK~· .bpM ~* Wt dJJocacc:~ saa1J.1"
1
m3JIII•bhnaarld ott1c.rroras ot <:OaunerciI.Jti '''UK IDC..ItII~ Ctcsll,ua!!Olan~
m.llnly localIn rupouc to New Z.C.,tond'S.staaemcal. Jap11 tUIC4 1U1 tbue ate difkrc:a1 'in)'llO
Jn1erprrtbc.dtl3 , OnelnterpttlldanU:that dietarprctcrcacc.l cbao&c.&apeople. cc.tolder .
Snc~o~a fn IC';atJcuolre 11nddt'VC.IopmenolCielf ldtncrulto~hha1e. lltercfore younacr
people win develop a liSle CorWhalemeal av:~llo Abnlhe-rWJ'to lntcrprc 1the uub11111
hcc:aUKl~bf(Jo( \obdonehIn t9SS. thcf'C,rdtl~lhetNhtCI:I111rwullabUityotwlmm~l And
blubbtt
UK »lt'l'"''Jar-a up&a1tbe tda':lfKt. oiT04l:SF.Inc~pllt ba-.r~~'~u~ a•ayspe;t,lhr~.J
d•fltfr.,.CHMr fonuof•bahlli'-Japsnrul"~ tllat Iu\ht••urPI ~ycoas.uJ•,habn&""u
oracx:.w.,..b:IU\ lJ~notodWI llikii.PCtil,'Uk: .-.1II- ")\IUN •a d.rw-ib wlo.'~"i~
tilCOIDIIIU.HlJ.apnfe&f"Ddcd lJIIOll:lf ,1M 0.1Rq. of •'\lk.ut lr:MaUNa.U·I}l'e CO.UI
ftahnJ co••wftlltd•u a rcf1ccbo:: of alrUG) dtJ10rtc4 a.r•M1 tb.al • Joama.urc-c:ut
COGitnriU\ Nca c:1lablaJto locar.!SCd.W_.\It_,.
" TCIO'SEST.\ SwlftiNit.aor Ooauauu oa SorioofnHNNDicl~r~pk.. it logu·IJpcConu 1
V.'holln&
Japu rrauttd CI'IO)':DOJbor' prCVJOUSodOCVm Ulcn\1,the lllCAtionor WorkGroup mc.mbcn
to the dcrtt& J.COpef the rt$dllrch thubeen tOnducled They otrcred othnon·ao..·crBmenl
dOC'UmtiiUl\aUable frotlGOYC:nmen1of Japu on rcquat
Thel!S rcq..atod that atv. laCorm.uthe.proporuonorunall!fidesormeat not consume41o=ll).,
.,,l,_.*"nat"c d·tla~nl~cr&sepro-.ideatroque\to1nIa')'Ur\WockiQJ.Group J_.ran respor1dc4
tlla llludonn~a\ -.,QntepWO\.idtbylbeoc::IIW'Ctlllt
letUnd fC-m,f\dCI.t orW!c (iroaof the.tp;lflkXurMIIII •b!n~ Inla:Wd prCSC'lll<'l~Ur\l
Thq lftD\Io 1~:1k!oc(.cu w;ls :!'-.ibi'JtheWk-JJ'IC.flollooel.aod
IIW.Ittl\k""- uf r.,!~d~ll4 1pnd•l'tl-...ui\JM•I'VO''--'IUOICO(.pia hi I"""ltin114
'~nK'ratttt un~•tfOCf\tfulbtcraJ10n o4Jnoit.cr "'"~u''.I\.JJUI'•.:. ~u..tQJC~Jr,c.,~
4J lb
•
164 ..bnJ ralamUJt•rrlyin this case. JapfCSpOnde4thi'Utheir aubmlu:ions litho r1ndinp or
socil~o..' "hu Gn«umisnl lformorwhlhn&lh:u i.t:bC:I\commercial "''haUnt2nG:aboorlttln.JI
subri!t "'~l:~Jce v.'•he Ou1ebposhloarhotun:~tIpJcouul wNIInc should nobeexempt from
lhecurrent mor-:uorium'that lhtrade an.d dc.<irlorrwb.tk:prOducindia ~ C l rea.e:mtolcs
rommercUI wh~lfne
S. SOCIAt.A .O.:I)ECONO MIIMPUCATIO~ oSr 1.)1Pl f....:.1A~ZERO CATCH U\11T
Mr. Egm.uon (kdud), C...trNnof tk M1nl.c"-'bkn'AU.ocLatiOIIokeol the hardsluca.uedlt)
thec:t.:UatiOmrn~ \lioN1ii.the iiolated Qlii.SUIcommun1H.e roaUeJ thu rckardl h~h~r1
1~1 tbc Glin•1ocb "'"ra~t~nd anu t.b311bosc"'hole li\'Cidepended on min\r.e'*'hlhnJ cuuld
be 1n:s:e< 10 abvsuin amser:ahon masura. Tbe IWC m~; h\Iup 10 irespo.nsibl111lsJ\Oid
tbeinG~f fftCncm:l)botherwisthe futvrofthe org.nnII•'~·.ind.n,.er. Jsu~ •m.aithe
unitof the lce.bnpeople bthmdtheica-usewbichrtl11c4 to the neh:t1J\~al.anctdmanagemem
ofma.rinc rc-.so•fHcront nut eclthc position ofso rnc nn1fan' whh regard 10 y,•halin&"With1hcu
anhumanej»IICJesInmflh:numen.. Fin:tll)'be ctllcoopc:nulo10prest.ItheJWC.
Jap3n notedtbllt 1lmp:.ctof IhemoratoriumareJnc cr~. w~ih11meand thlt thmontorhun •a'
eaw.c'duncertainc:onccrnithe stabiloflir[ns.mall-typeC1QQ"ulia& C)mm:unhic:s.JaPItutccl
i'viewtbatglvc:nIhObjc:ct(\ofthe Con\cotio•.lfwUicsaocksc:aa susutn ratromt uuhsatthe.
Commissioo shou ldr~CUitbi.S Stable•;a;yolife for tbc pcIn$111ll1l·•ehahn& <Ot:lllllil:nlues
Ji?Jn iodlatcd thatb:committed coptO'>iGiupdated I.GIOmaUO011aht:1mpaa of thmon~tonum
a.r;daprc:sstbt bOpcth.u Itbe ~n time.,\CommrWOn 'lli'ukc • more-hslmancapproach10
ttisWuc.
'lllWorlan' Otoup a"«d 10 »dd to the: rc?(l.rl the fulluv.-ln:t&tc-10 in tbrcpon of hs
1989.mdJ<lymcc:tln£\"'hicb Vo'tfe
1"heWo1k1nr Omup IJ!fetd tl'-lt'le.u th!'th1..crot.'IU"Ilhaveu~r.al eve lS
50do--ceonom1elmp:.ct.s111ntdh:amponantror thGCommiuion tot.a\1~ tacu3D'*
opinions as they proceed with their deliberaticroupIdentified several dcmc.nu,
Some or the socio-economic ctf'eetserious,butJOvc:rnmcru111timq h3'\to tal.c
pafnfulaction'thai 51fectlhcicitiztn$ Wblle tbcsc Gecutons arp~inf Su\lr-aJ
dtltJttloSlrc:uc:d It 1Sthe te$poru.ibtil,oveuuMnt to 1.1lc mitita ling G4C.U•ra..
ThoUJhJO"'C.tnme:nul'JVCCC$S(Uljke IOioM 10 rllhptecb11zeIOmC are pcrma.nc.at
and cannobe rc~n:d .D.du such Q)ndllion:soo COIUC!qUCf~5man action an
prt"'enor re.:rKchance. toecruitcuhunl. rradulonal and relitious lifestyles. The
fmpacu ofttro catch limn:uepester 1-DIOC'IOio,•calterm.s '":ucu.lwhere IOCJI
ccooom1t1and nadhions arc Jin\:ed ao tbe natural resouthllIn lar&eranelmote
u~dwtiJl boemunnics.•
9 C'O'I,IDFRATION OF111ESt1'liA1'10i'l Ofi'A IUOUS KINOS OF
SMAlJ...YI'J:\\'IIAI.JI'JC
Jap3n noted1h:over tbe p:n:cye:usih.3dsu~r.t mi~nnydcumcnu. illdudin' orte Wt prOiod*Ckd
bilSisothe cllst1nCl\nCC'oAmC:ll·t)C04.st:l lnd .tca·tpc: :ul v.b3lm&(TC ·:l.'SE.ST3).
Some chuactcriJtiaO('im.all-lypccoa\ut ""'b.llic'arc '1mU.,u10thcnira.bvrt;tQ~uki\tcnc.c
.,. lin;Thf pr•"i. Sb~Jtntif!..:~~1~cest ~ir«.U:omil:cutt..m
!J.J6
165 Oft tM-dd'lni ot~CO=t!IK1'C"''tha!~~f,.. rtOlcd WIC\tn ill a.bofs:aNI Jlllb\&Jacnoe-w.Uiui.C...
hmhtd p:an i~ol dromooc aculcmut 10IHtothct.TbC) -.·ovid bopu~a tac IWC., 4ftc(l; r
cctotf.a110n•.\loreach:aa:u:c:mcnton and lwc.solutiOnallo..,in&fim1tedv.h.1lio1aclhitb (.)rsrrua
popuhukna wbk:b haveIlr);ltilfo"'halind~tl bnck ''Om beroretbeS«ond\\ll)\\':~r
UK SUI .ed lbatconch:siillGtheNUC1 hadnCMdt:anp from bsl )UT. bcht'\~1' tl;buf,;.olthc
wh3le mat UDd~ ts sold ouuadc ll'c commu.an~Ihe peraptu wcuvmplioD it lawCOmp-;ll:cdto
aboriJifttUb:«~lc A lM.vJh.hey h.a\i)-mpathlor tl'.r pbJhl or ttc l mnnanirid, thco:~}
r.ot JU5ta nc.ate goror v;hJI!nJ.
The Chli.r a:.):J<~pV3.S.setkln:ttipcchSc~edu liUc:n.Jmcmtoco<waam011l)' ~ont.1v,h.:tllnJ
J:.p.3nretpend:~lf:rr.uthtly
Tbe US tuttd tb.u chc.boai\t1'\Ut: o~mlccrt-Jll 10 nature ud tb.ll Uaeywouldsupptu U:c
csubl15hWntora ~ atesoryortn IJuCJimquota. 1-icw'ZaUnc:xprc::cdttame~·.
Jnpan rCipondcd bynotln&thl&tlite outnow orwh~lc mc.at rromtbe:stn~ll·c typac.¥ohthla
t;Ontmunhlc:o.'arcOectlonofa lreacditoned m11rkeu tnd that-a.lomJIUtgC!IIICommittee till \
bee-n CSIJblbhcd 10 localuc disufbutlQP (TCI-42/SJ•p:ta abo responded UHc.om~ri o(SOnn
urpUo cn!l\umrcionof"'1n1r:~e ll ~t imo communhle$and smaU-typecoasuJ ""·b~c limn&:~ntUel
was aot appropriatesiao: lkJapaeacdiciacoatrut totboEskimo~ ISaot mat baiotdJ.cd b!IV
falbeca.Jeol.J 1-pae~~r .~b.nccon:u=g tnarc .t u.tkul&abcMPnun1t.,un=::o.t
10. OTUER BUSINf.SS
The Wof!On' OrOolllfrccd to mal:e ).lrttttOmmt'nda tlonlulyea:rasn:.tebdov.
The ,roap COnCluded II$ de1ibtrthOnlwHb ate r«Q.-mcn41110n$ lf'IJt·(1) \I>Otli1Pf: Ctb·Jfl
COAtin~ (tcn,,Goc:..m.em;suobo.t·-:vtt'an~!ti'Vht'tJ tl.:necllnC"·(1)nemti<J3wi\IUft •·
submit !lew matcrl.foroonsldtr;atluorrbc. Worlun& c;,.._,ufl$hoold nou(y the. Secret:.ry and subm1:
a~.JU3 CrtUo p3pcrs b1De(cmbct 1991:(.&) If aM tr•clb arc rec•heSc(tCHU')'wilnrraDJth
onn\'enean ad.Jitl mout~inl(~) dl.'lcumenlS$hnuld be submfncd by l!i April19cn. ror immeOial
distn"'buuo10pernmenl$ pantctpal&an lhb:yeW aut'~~lUOt\)u-p.
II. AOOI'TJONOf111E KEI'ORT
The rc~ \\'adop led b) l.bt'Workint Group.
••
166 Jlliptlft
O<Aa:cnoa T.A"<
M lloo>l<) s A1u•i
PEller S Ooto
P \\'oolcou \t ,...a.l.i
ftr.tzil T K.a.•-...
H K.lto
J.T.P;at..uoJJr y ~JkiKhl
AOutnltlta T ~•.-a
S M•--.1
TM1>~
P NopsaiJ
T .,Z.a_kJ.mul')
~Ws Rt,..WftoiC't*ta $..Of"....
t!ZAlc& :0Ot.:e~b
R Zha.... K..Shima
" l.bi.KJ S Shlmojo
Y s.-,.,michl
Dtn•2f'L " .•
Hf·~r K. Ttn.lb
AJ_, S.T;~nal;'
r: Lcmdlt '<Ya,d
f.LyaiC'
N Mtllilun u~pubi ofI.,.;,
Z.O.K1m
lrdan4
K.Ef~
o l:ln;sson
~ J~o~hiOSM'In
K.L<:U... ~·c•WI.-.M
G Pttan.os c.B..>tl<
lL.O San.;trl
"'H"Mll~
Si' u~
AM' Hc:nnk.~ten
1w.nua.
~ \1~~« Ant1wGrngdintt
F Haltf
'
167 s.·.dcn
J.Bodegard
$.IIberger
M. Ri5
VK
:\.M . 813tkburn
C. Phillips
C. Sou<hgate
R.M. Wilson
USA
N.A7;7.am
J.Brcnnn~:~
B. Brineo
.N.O;tve.~
S.A. Earle
J.H Prescott
R Roo1es
E.SobeCk
M, Tillman
Non-Mt -mbe r Govunmen l Obstn-er
C:m Rd<l
M. Freeman
Non-Govern mental 0.-g:Jnisa lObSc:n·cors
Alnsk:t f..(;kfmo Whaling Commissio n
M.AdJms
J.Aiken
Antarctic and Sou tlwr n Oce::.nCoolhion
N. Funahashi
f riends orWha lt:rs
AM3cn ow
Institu lt: ror the Study or Ani llllil Ptc>blems
P.Forkan
Internat ional Ma rincoM:lmma1 Association
C. Carlson
lnt ern utionul Wildlire CouHtlnn 'frust
0.1. Morast
Inuit Circumpoh..rConftr ~t!:nC
l!nvironmtnHt1 Commission
1.Esede
43-16 8 26 May 1991 6:15 PM
168 Appendix Z
AGEN'DA
1. Chairm3n's welcorne
2. Appoi ntment orR3pponeur
3 Admission or Obl>cn:crs
4. Terms of reference
S. Review or documents
6. ACOIpliOnor 3gend3
1. Submfssions
7.1 Japa n
7.2 lcclond
&. Sod31and economic implica.tiOo$rimplementing :zero C3tthJjmil
9. Consideration of the$llmttionofvariouskindsor small-type whnl in&
10. Any other businCS$
11. Adoption of the report
43-16 9 2<•May 1991 6:15PM
169 Append J"
LISTOF OOCUME.''TS
TCI41SEST1 G01o-emm ofJat:m. CuJtuntl$ignitieanoeof 1lJyorwh11lcmeaL
TC/43/SESTI G01o"CrnmoCl:ap:aSodQ·O:O:tomlimplicllJupdrlte rt:pNt:~ampl ofs
!rtUll·t'~.haling.
TC*<t3iSEST3 GO\•cmmemof J3p3nS\lmm3rieofdocum~n roSi.conomic implicallonsaDd
sm:tii·I)'PCwhaling.
TC'J.l'\f,;FSGovemmen1af J3pan. Adifferentnfoodpreftrc.nee\regartOwhale meat:.
Rcpon ofaqueltlonnasur. i-Ocsi·:lT0W11$bip.
("~ulf R..e..,er1:mu: autmniamc:q:Gru:nlB.ndic fnuHwl£ntlfnt
QcqcnarSu1Kommunc, WC$tCircenl!lnd.
10
170Annex 51: Report of the Scientific Committee, Rep. int. Whal. Commn 44, 1994, 47
R[f I:O."T\\-'IIAI- CQ.MM1~tII,
nu~(\llt lffliUCC. rfl'OIUIU\loll tt'qUI~tIU•tleniJe,~IQi ofKtIIIRMJ' :md ctuu the qut :Uioo hf
n~.vrdan)1~111t i>nl:dun 1mken .ThiotlM....ntll)liltOI<tldn)CnU t"tbpr~<ed.IoactunudIJnncr
.shnll brarwarded10 the St-tre tari:u •1 the cr\4 'In p;t..,; t:a~hetr chat,lorJl proposalfor an
1Cawnanti mdudc.diJi tIWC di!Uihd\e. ,fmcndmtntto beronsidert:.J. lhcrc ntobe c.&td)t.
Optwmurull lklta: 1he t:OC'll'Uti('~anm th(d C'\idcoct . she form uf ..t:r:nul!tri;al res<nt.
\'lal,,r!IUChdnlil tu the C0111prebemA~mc111 othcrv.lse. !thp~1~ am~mlme nau ld tuuhin
WorUbOj• i!19K1(1\VC, 19$tt) 1'hc.lo"nmmiuco agreeiNplMCJ pctfOfl liIn •~~; 'OlJICJCSp«lfolf.oWI.IIlf.
1h1uoperatiQndu t.IIIbe; u\111Uti:n IDonit\lring. hlheMl)!JC {tlll't'C:. h(c...mutl."l't'C011111~
irnrJOnw1f~fl wu, Q~ tbe ~.. hat they IU'to'btall,elhllr rou' i~rpol'tl o~m"lthe l'laUic\'lllu:uing
from tbt S.lflany"'hut opn:uion. lnsuJfiC'IeOuIml!smend~' h'l'hR~.Mr .
Wlli.1Wt1il~b:)etlm meeting t'o rcxic:the ~1
3pfllopriltte faw1r.:rotd in thl\ n:gn·~noted (tAdcquatdn011itrt.lull hehJlh.:Cumm ~l)ior.~
ttutt m~cMe (Pnrn. 2X and Apptondil.~"'Ul yH!nt 1bc Seienllftc C'Nnmillcc of :..ny proi)fill
rt<ltr dit.Jk.UoperatiofQI datito be culft.cted ametldmrnllt'tthR.M1,,
(•lthoug b to.mc or th••e urll)tclc\lmto llpcfnl fliG1\~ "hc hrnc: it v1:~lkor!be c,unmitt.:hl
,. hale1'C"cllcltlfogti)(sha.,..._1t.C1'1:<:01'ding C'''lnuli1C"proposnlst.Wtahle e'·idt.nce1 ~1!11I
or~uc da ua leonero "u~ prct<lll"w'iutbcatc tb1hcpr..,posed umeildmc-nt
The Cocnmniecl'ffUnurwndl!lblll lh.rcUmIenots woWd lnikc:d rcpro!'Sllt•ml'"'''t-IJl.Cdu~ In
colleC'fiOI'{I)( i)pc;t:Uf()ntaldll!thencur~nt Itt c:ontcl, :ut amendedproo:dure tlllll tdigbcrh
Sc:heJulhel'cUiin"The llliln \bi1wbmt ued10 the:. catdk.'S(lr lo.:at('!\thv11rl> .,Mll)I) be
1\VC $cc~L. 1vlhiJlim~ ur tbc:close tiM"se:DOn. <nmidered111impnwcment h) Ihe"l\immiurcifit
The Committee dmvntl~ CemmtssM..I•> cmlucllu 11-.: perfutrntw.ll .t.on-qIubk·rcl:neJ pcrlorm.n.ncc
f~d that ruh•rc tkUtw.tm!i:resulin tileCommi't. ~~~~li 1.ndtc~:r than 1bcClltrC:OII'C.rs.ionof d1e
reducn t~e numbf:r f dtl1em re-quired. ltMJ• OJt.JI leas:t rom~te:h ·r rh.k:·rdattd
ptrlormn ~nt!~!..1ltievtdc n~IJr.si.~
7..JOulddfJlt) (amJ,u: tiYJ"'nKlIIIU.I()dtmrflg rormut resultsfroappmrri:nc:, Mlspecifiedaf'ld
prugn.mmed simubtio1ribh11h~lor..n.~,,h.hJ";«ht.,
In ils Reo.oltnkmClnt11eRttl)~1t,the ("ommis.,ion I'Cdt:\C)opcd hySdtnliftCnmm.IUc!(ch;:ao,ctdnrn
had s.t:ad~\.une of che udthlian•l rcquin> ~U!I
ll&f'ttmcl(Ina;ul..l ttrll:nkoc~ng wn-e)''~nd nilhnT:.W.:.ill IWC. IW3kibcw tri"bHt111lblwc
bfC:c.tt fll~bdIbepu~ .
lllytlal$e.rc.' 1uVCt199:!.)A \UU.tslion .,uch (fii'lluCummJuccnu1y then 'fX"Cilunbcr!WmuJatlon
xulck !"a"nl';('llndsa.-51 03, SJX".ic"JIO"''') triu al•~•mtoc.hhc ofltao\ttlreOO•\carried out
''" tttllain l et,g.i\in SC/~~1 gl6IIIJI!),.r')
al(w mh~(ritC:IlOfIor! ~.·u Iftheut.lihs
SCJ.tW 1.bad idcnufinl\.t"lttupiestlllH ~~~1uh-=d AdvK.:Illl~ CommiSSion ma) theht ~i\l A!int~
funhcrdbcvs~ nonc.latlon 1ht.quK!JCIrt lolto m;111AnnottM~tj~. ,UbJiCtQl."tll'llplelionof the>
mmimwnslandarJ:'fordntaThcstv.Cft.'l>c ~ lerkrcd
\(Itt~l"'t'o:tri..-d
Item7.. 2 h"''MnQted tlcl'lOuit.I..:U'<'l:quirc
updaung from tltrte to t~JftC"'n.>lhudcll..lg:. :andh w~' umkmoo.J 1h11tllllbo.prt>et'~ooll~on!)
:u1.:1lpicaltc,'h1~1.Je,·c-i()~ It~II,)be:(ullvw«Jlht: Clufp 10J>i.d tlUtIU th~;
Thc Ct.\crJminl"t'C''JJ'ml('nd•thGuldd cncCor
~~~liJ (IlfiCIMr, !>t.a'ChilOI(~• tis( Jilt Uc;'Jtll('01
Co •klu.:-S!J''c',111kAnul)·~ D ngu wlthhlthe j)aJ.Illldcrs o! Ill< diemulll·uad: rult::?.>not w1th
Rc~ise ~hn11g.c Scme~ntJ;.I'U ll'l AnnJ:.be mody lt':ttunlchangMs1h"'ltMI:."IN''if'llil'd1t1
"dopte..l clarify ambiE!' Cith~iC'n>nJr~dca lprllbkms ur
implcn;ent ..tinn.
With rclct. tn:hc: rcpgor,'hcWort inGr~J utf'
1./,4 \lrrlltrm'!;'"joraml!mlmnu ()/tJir U:MF
lbct:ommlttctdn.H"l;llil\hcd IK'Imcdt:.mn' Cor m~ Nont1PQcificruir1: lu.dt'tr1r,bCAmt<.xG<IUC<otlott
aruc-niJmcruof 1he RMP i1M1(~)cnctbun fiwte ~~~ r.a!'>C:'n•Ito whttU»era CIICh ll~n$t•fl)ut
~o~htC ime ''' )'t"llf l'"be C:ommllh.'CIIJI.ftcJ tlu1 tbb.
tuncndmcruof~se-~il klnpkrnenlmiun ...fnrn~
hwohcs fUnc:lll.tothe tJeflnext ohhCRMP. v,hile m:tllrn!(tulrfurther d&u'>~ll>ll
the &fl(n\'l cW~•tr;c:St~lligmu IiutnJu~td~tic>~
(JMatlil~t tIC:. 101.1c: c:hokcClh.h-\..'a~lllncA"!!'ml"rttlr~·~p«t Jjptlctm~;llt.~tlfm.J
Dnd/ttt CtHCb•cllpping OI>IMlfiSr(lf J)liMiculollnK' Comnlilll.rC'I.~ ihr.ne~cdto dmingub.h
lt!~lmpcntoiru
bctv. ,...tpt:"4)'M.'>C'i.<;11rrc,·londefined.
lhnl need 10 be 00f..11ntltt ltMP.'l'hc fiithe
rlmt'n~l mt'hlll\tF rci.:UII.'t'land.cuulirbmin .~n(nppltiJthe Cl.A
At last)'Car·Amtual Mcc-th\g. 1hc- C..:OmmiHce hadh)c.xl~Mlfflfnt.<1u:,nwih dtc-..:xi.)un3d.otcc fll
outlined ~u~tit> lor u thtcc·M('proc~ or.~hs catcb~f'~ ta'idn~o~rh·~~1a optinsgInQhl~ hr
l!:lk:ult:;allhnlb . ld~arh lK,k tenncd ·o uch
c,·atuatiiof amcndni~ o Lbc RMP and lwd Limh (\llculnl,,m(C'LC} 11K" :<>~n cypc:~~1111
recommended dt!lh~nuutc.rbcronsidercd fufI\\I C.
1993(. ~8,:)hu.cal~~ntSCd thnr lht..ptOIf•Jfl ln•pl.:mtnt :r~'mnpj,"nK'ntalfrt>\le.In tt1c
Acnrun~nt 'hO\IId ill princiJ!'le fo{ntbc RMI' CO\If'W: .Y>hfc:,l't''nslu11'.Mtm:t{to:-nlAn~a
~diK'!Uion bou.nd. vo~csgnmi<Ut)(1111hom.nl.l ConibimltiQI\.
./\1:''y~,,•U.1Crmmence cmpl'ns Il~•bc'lm\lg.h ~lcd1 mt.r.c Aru lt'~ «c:~)uklld tcr,al\nw;
with~liib clnnges10Ihesclt.."nfr.fllch<itland/g
;ui4Jc110ttnsi\'cIdling Jl:u>hrK1Dea.rotn,t'tJthe orcat~fi-<"MO'I 1-dlO.Jtmilcl•gl'tt:.,h:ue
All &ppiUpllal.t' IOIbedctcnnWIOit l•lti•)"-JI•' ~~~~· ofnlc RMP 'f*'"llic;lf,\nnc:r I'lho11hll;>c
'ii'l- filmil"ithCl,)n~1,•lit• m.ud.ifIC) rcfttcc l).tnt-c(~\>Item 0,3, 1).
171Annex 52: Report of the Scientific Committee and Annex O1, Report of the
Standing Working Group on Scientific Permits, J. Cetacean Res.
Manage. 8 (Suppl.), 2006, 48-52 and 259-264
48
a«top th~ propos<J terms ortf~~~ tuwpn>pc;'lctd
uMaincd 1hcuugh 1mcmrwnn ~1ll COOlibrUI< tn lbc
d.:\clopultn\"CU\) m'~dIC.nltu.ilr)1.~1)' ll.gtndawnh tqu.i'hitaUit
lOr~)'l~m.ll wnnagl'dicotv.buJes..
16 1.R~spU, Lp14''U,Sduwflc Cammilll,....,.;.,..lY
nw fo:'\Jm~ltn con!ider'd..t JARPhnd ntn<lciiJOd Chddcrhou:.a:. \Jv.1uttl bl~bl'l'nu.g~•e~t orh
pn~ in 11ddttSSh~objecc1\"a.d also ngn.'\d:'thtu
thtresaan.h ~mes :.~CatiUofeXI.elliron1mecu'
ln->1..l.d-cnlifltd in tbt: IWCrtn·~tm<:C'ingm n:ocJ\'tdfmmd~ ed;:tulik Committee ln pn.lcim.y
1997 I'«scctio5 ofSC·~7.06 b;d hec'llf'lpron )td Inre;;pan11W$llnottd dta:lll~KIII M(l'o..')'hJlld
odd.<><d becnlld Uctud1oJARPA taC".ttpte>g.m t1alvin~~~
S:omCm'tmbcn u11 ~ uotmhiCIIUI IIIIIdiC'meetlrli''*Ill or rerommcnd:allonItthe:mid·k'~new of
10r\."\J;\ IV A hosltJlpM'Nd bteloncndedlaf8d) ' JARPA ill 1997 h W3~ nolcd.hO\\C\ 'hl.no
~ ~f'lt\ t"v'or&.a'inllh1l\upponed1,1,h .met ~ modlliC111tl04tlo5 tht' JARPN II w..,..l pbe~n hlld
1htL'(dscqutt"oS~dtbc objl"Cti'hy or th•• nOn-1\VClmplc:n'ICas8tfdUit OCit;) COII'UO~fsggestions
n:viC'"Inm.j)Q t'~~ noe\th:t1~.1\lC "'clv5 1n0d1e.by the Conitnlptt\'i.)l'm In rcpliV.;a1
Md ~-n vddcly nl3dc k.nOl,nd du11n~em. bcr !he stakd tJ~11.c~tmtntson JARPN II ri.'$CIIftphl.,nJhad
Sekntifw:CCintmin«bOObeeniit.~a.l"~d It badbceo ~n .,tudied anti c:('mSuit:relt hul th:uv.t:rcif :tny
agtt"lth:t~~1'VICWll'l'-"iJouldnbe (:()1' 1n~1dtrtoostru.ev.ifl~cheiw'f ciffi;;-~mmod11.~ .
IWC ~pno~CJ ~n« •ns,t iWC. 200.5c.p.-16\. Willtt¥'r~~l<clandk cumntcmmini~lul re'i.C'u.n:h,
16I JflrqN.;I'lfarJARPA l'11t'•~ 11v.•OO!Cdthai SC:'S7l()l.athtu no ln&JOrcbangt"
badbc..n:dt~cotht'origipropo~ but.mt ~c: new
Th~ JARPA RC''i\CY.Plannin~e-.:u G rup.wo•'le..i ooo·letlwl component11bl.~ :n~;h.1'r\"idlSt: 10
ine~X:SSI '(U'pIr\~IutII futC\IC\oltheJARPA
lt'og.r. b)mlr$c:1e1iic Commmc:cv.ben the <:CMnpll."'t'1tllic Cumrnt:ommdll\ mndt on the origmlll
flropo Sptlfc:llytheComm i~iwas mfomKd d\111
fiCor rtSUlts or ty.:P~!'Oi!r.ltnmi!JbkJNIh:uJ ~dtdhna lre)s..1mptiwas 1:-ein.:collllu«ul.:int
b« n ag.>crh~tter.: \ vn1uld1101t't hn1itrJ simply 10
r~ul rt\ulns10 Anllln:lic wh<~l btlba&resc-~rcb Qmpl~ frum thpo.tcrior ftld of lhc: n:;:cumuf gmpk d
anbn.als LOc.'0'\o.hst.OJn~ontC~ IaItocn;t•ally
nttaSnoi oovt'fcd1nthe ongmill pb.n. and IIIIer adope<d!>)·
JA~t. •AUI.hltht v.ork on b1u\dhumrtbn.cl."'bale:<,'hf~Mn gmpla C."i.J"<dii!CI
W{OId.aiJtOl>cMh!>ldc~ d.undAnce t:SlilllandC5 Ahhou(l:the~ isno formnJrcquarnmc:or SJIC'(lill
l)rr•nlt holders enrtpon on v.hha\~t.ftm11dc1u
!iigbtitW'\C)wot ~n: abo~11 otJARPA allneed 10 tbtJt restan:h plti IImllolhof111n)'Cl~'lltOfll
be ton:sldcandfullTI~ Orouptt$fl.tal 1hlftl!'w
"'h l~~l1lncd 4'1by mnlnl~\ioW oodrtg Group M~~t!idr t>"n,".1ldd~ Sdc.<t\Ufk Cotrunin« . 1.bc
Commmct' aJ!r ~h:u tt woubegoodPf'III:Jc.:!iO.o
InRn•il"'o.,_raand Rourmm Sp« 1:alPeit Rc:KW"rh
oo Mmke \\'b:ll('lhtt\1\Uirt:Thi> 'oloOulbde don.:llus wouJd help s~ ur fi•.tfC\•e"''" e~oulll
dutln" Iit~nionlll met!tJns. mosl llkc1'olyoin c:on,lianl:uol¥ood fatth
latt2~ . 5•rogrcss pbnom~ ((!(thJ 'tIt\\wfl'
summan~e "J.J1drnA·rerm11of Rt<l'ct<u~•dmft 16.2 Rcw'e(If 11reDnfnluln~«li)OSal\
AKO!tbv.cfc pnwilkJ ~tppend 1itetprogresrcpon (61.1 JARrA II
(.gwenasAnn..\liOlb~ ft'p<tr1). l'bc Pbn(oclhe S«ond f'b:tk of the;J11P'WiehaiCt
fbc StCC'nngrwp blldtt!P'ood1n0::t~~LJnf m~ RC'.)C;&ropmm.:: undeSpcc:ilcnnit in 1£narctk
propotiedr'l:!~:<~:lprthedntft Tcnns oRefcre~w:c iJARPAII)wu pn.•sc:nIllSC·57'01
n.umbcn3 and -1. apropose•gcnlln ttl:m9. lW>il' JARPA ""'t.:oo hc~.,e::~1C9(7l<MJ 200-lOS
samt diS.1gtt:cmernOj)ctonddti.'SSRt:$Oiuttons m11ousa"l summtt ;e3SO ihtl!Wkr Ank·lvm or the
ey th~Commi.S!'ion"'hh tCI 10tJKm ·ic"P..indOOmg lntttn: tnn\ltlin~fr tleRe:guJa1.1onWh;lllrt~
iu~lts'romwlinglh11t1horledulornt'll'l·mctld~ Tht 1\\·C Scientific Coto1\due'tl~-tdnm ~lew
{propo!.C..tugl:ndl&it~an<2). I\ \0a~rtt 1d1t• u( JAR I)~ uJI nI1997. IJtatu .w0. o non-1\\C
grouptedby7~h (Alli PlC)) would rcl"'O'iidcrthili1ssucRPArcVICm~.·mngalleby liGl.l\l:'mrorJapatl
by ~xaminin le Comntls.sioo•s K¢t.OiSdtetrul wll!ohe&d.
Natmg lbr diO"en:of opifllont<-t\lottnmembersover83~ OCI''~~ttldtitd 10 L'\kt ll'llOIW:OOIIIOqlCCIC5-
hll~ll() ltlthe Cornmission·s RCJOI111iothe tl\ttf:'I(ti."'S')!leff«ts in undcrs:t:ni11 tht
CommittctIK'\~nb• cgiC'lll>J~lt~l~ntl nndln\ll d~mb of We ~al<' whole 11pttlc In thC'Ant!ll\:tic
cth1c.itiU«~uld bi:C:OftSickrcbdylhe n.•,lie\loI'I«~'See•m.,nd p'ictirll; rcred~nin the:r1abwtdam;.:
IId!~»iC Oltbc ~tcmJ a.i~Cbo(themp!:('lh ( metlb ltnpapulutionsttuct lJe.a"<~eflllnof J;qQn .,..,,11
or lethand noo·ktbametbodoJotiilns ilnpcM'IllnlIn luuneJ newcontpf(IM:nsiv('tun~dtheSa,.'(Phnse
""='"n( lhl.' f11101;11\:~JM--efr.mUout!iidc lllc or lhc J4p.UIC$\\'hzlli.:lkSCIIJ'CPhrusr p¢ci:ddl.'.S
$c1(:il1liie Commiwould be im'ilcd 10d~ rcvU;.o...Pcrmilin1hcAnu:rot(JARPA 11)combtning k'lhlllnnd
mttting1hcCommilll.'!.~: hnat1omceli'sstml f lllc non·W.halmt~ ~oart rnm~ lhr 200S·06 eu!itrul
Jt:Sp«Cwe:n)Crh!lof k>ttmd ru)fl•lcth:tl methodolo-.unmcr -sen0 'flMfi~ 1lo'.st.- l.0sol<1lind
lproposcd"s~nitl'1191and ?.J,IlDd Propo!CdTe""' of2006,1.)viJJbe di."C!tca:lIC:.~i ihti$.t)he
R~fcrccc3 and 4) tsnct~ryCl•.: t~lk lt: fn\•itL-dprnctictlbill~)l)n>pf1 o:'it}riamc:rbodin1h~
l,ru1krp<s0 tbc Rc:vkw1.e('lnmbute10 thtS tc::. t nlllft;l-dtlrc.:tami samplmgprocedurinc~.asednlhc:
~~)tl'\thc:'lltfocusO:thert\ 'I\\OUJdbe 00h~ iilmpl.sinnd numberorsprocsto h!' $1lcd. "'Ill b.:
rerntuoin~('o "";~and·d'let.emcartcont<•t.IU~t cxa.miik:d. MctbWf« c:h•~ns lt•tHil'lg taking
~t"Um ~;~in bl)di~cd at lht~ub~nl Sdmufic bllogi~ma!aliUfl'n'of the larger <>pccbetested
('ocnnuurm~o." bytm gulCommt ll«.l'b('Ofhml lU:e Tbefuli· A:RPA IcWtlliltll1 1t12007.0~l>OO
172U -.11~ a k • ·&cnrncat\t- lfUI:nnn1110lbr CM'.: 4(.\•Lit au.i..n f\~bl; C\-")"-f\1f1
.. •~~ •b.;'lht.......~c-lbbtx1l \ihtMt
Jl'III·~~At~•"'J••''"'""' f'o\\tl h.•km \oJUjjtII1\J•Ltt<IIIIC'tfth.11
c11 l'tkiMvtmd l\ m.th:t...:,.'-,'')"'''"' Ut"k't\ RPA.m~C'!I 1-'-.U...~l.Jll~jl,,.llc
tllmudclhn, ~·l'll~t •lnu•~n\l.lk\P,." Cil~ rt.UII\'IrdtIJilf\.lllO:Wt."(...:tc:•n•tlu'
,,...•p1ft.~ ""l'fUi(,',.,m,': 1.'-'lo.:otv.uh (..l-\\U...,.itlocr~ flna'l
f't~ liWU'f'l.iaW apio(hi;coiIn 'Wo.lr.
~
11~cr to dlr~.,. ul~ ti.o11 lll.lc1!
. .tle!.t ...ll«h -.~. "".. .'-"" ft'\W~a llaJIlEa . ...ll&lrrWI.I..
~-.....--- .., ....
1.-\RP:\ll•'"-•li-t\..un:. w~-..Uf r. ..... ...,....... ,....... .........
"'UW _, p'IMiN) ~ 'f'ICClC'tk Am:.tb: .....f""'"ft11... otUllt't. ~.-..., lh:
l'\"IM )wt~I,_.....~ of \nbrd :nIl~ llth.'1'1\~ ofJ;~, ..... lbt:\ttl'II
,1\nnulll ~u"'""'t''"' the~.•lt rCK.m::h tlnhalf'lan IIUCIllltFrnotJkJiltbttt'fl \llflll•d ....
umrllnje)at1'10• 11b I•llf•'411\nW'ClKm•nL., hn nl••t•tciiH"<1c-pliU"ft"M'olh:hlhtI~l'~~t11
,-.lw,lr' ft.-'•"~'kcan ••lll "'""'""' \o-i.~:l,11 .-t..t•t•n In ll"'fll'n"the,...t•l hwiiJIIC
fo.IGChL~hlll""'I-....tl••\ 4•l•dotand 5<1tit! ·"·"• II .....l,tll'"r•\·\lcJARPr\\lll.hl"\t lhc
"''f- lllliC\:aa....slit.:"'"'*"Pc1r"'l.t.;k:l.ttm:..,...h.1hhM\ ra;cwdcd. lthd !.b.- rhb ,..u.:·.:
D.n1f lhf ~ "'>lb.l)' , • 'eaam -.amfkm
:\~t ..llR.u.•iat ,.h:aawn •• •h.IJG • iDbe """' ..' CCI...ucd
~l ..tmc&h~ lf~t.. ...e.lrc't•,h•bci.An ·~ .._..,., ...... _ ...,""o "f
ICJ'•r1br ~ U. .t~c.~o • •• tucNtNI
"-The•f~.u~.oh~I«. '*'J-'Mf' \ l~t)l: lk -.:u., a'C tctoiR"i..,s,..prniuud) ubc'ncd
t&lftttt.IL"•«cna d(~'l .,~ hd 1·~
Yntb lh(W"KWJ\Itl'\•llhMlmC' 'lbfkaa..'f'k rw.11a1t~\INc~ p.lf1llthat lllc YtiMai'N
~ .tho enc:f'11C~G II('CafICI.'ha~_..,....-
Ad .. ~ ..,C'l'- .,.~., -~J( Ql"\(')• 1~ ...t..n~ ..dltt'k- * '~R'a•I •••
b P"'C')-rn.o_.lhc~al.,.~d.IU m.-.al ~ ..-t-.~~~ ......-,_~ ,..,ttrck'•
n. """"" ...........1\RM II .""'-.;t.•l ...- ............ ,.....w. ... ......
")(. ~,,, ••~ ... .ID ~,1 ..1. l'cM!r'tr•cr-Poff~~tGifl"\ ...ullbt
~obM 111rr..,.,...o..~ ~··I · I \.Jtr ~ II ~- .,. OlllllmiiCC' hau.W
t;lM!fh..tf1111nhl'lPI llw ~ •mtrld ";:l'nlkJ..t""''~uf U,(lklll• h""'.AI"'c•lhtrnulb ,.,1hr
\:k.u lh~u"Il"l~'~.n:il• !fhuiH, i 1ntl.c.JA.R4'11Jtn.ll IAftP-\ pt\I\IJ'IWtrt:,\llllJ .•
\UI'\c'"..lt~hr~'Il~ k~\h~o:\trt~t\h~ ~•nd •I-• lt1tlnthi\ cUCf\(~lU.!ltlbh ~l.ll~ ciiWflt
~~ "'11-1.·IJ\.:muarl!,orlnnJt';ll h¢ &i¥JI'Il11"l'u,kd Itt An;\J0nlP~C 1ht. tn~t"'"ut1~~~
ud "*"'ffht•lt \fi.Wh, , ._.,. ttM.·)tbctu._,,..._.,h.t\t flO(
\kw:rmmedfl:r« ..* \\.~t> ...t-c ~. ..,._, ..wu..tt~w.kaJtwkAI'It:l.&l"'\t--uU••~h '''
IIWJ\Rf•·\ II·~ th.1t!Ue11-··.,IJ'-••·atf*•l"f"U-WWl
~IIC "nwt.t~ ~ . ~"nw:i t-c'lbtnun:llhe:: ,...._• dctliU'JI..ewo. ..,_J..lltrn~ t'*'
•tud )Ia~liD • .,_,,., h.N ._ ~ -.o--.-t......-~oo II><c'
a:d4 ....h '*"- -=-. ..,.JUJ'\ .-. ~ ..., ..............111..- ...
1k ..., tnWnal .......~ dw C.....-.r·• u-.-...ol J"lltP11• tk'-~" ,..,_...t;p;:wt
..u.t4.,.,.ll,.,.~.. .....1/Jfll.dool.. ............ ~illt(~- ·..... ·--~
~ eft1IIrft'~.N ,,, ..11....,huoh~.dl1c'C'I'Oll'llnl~tft Jh( ~1i"-C .......~
S'!WI;'1lf'n:fll\.'\ C'tl.allllJ"'lll(hool tt;l'h~· t') tht JI\RPA II rn'P'•"" ._
bftlilknlhirl.ln J,\ RIIt ,.I•• ,"'nilnJIBIb Itt rc..p:II) th•t.l't'fl''llultu."lll"llllfk\1 • ....
rn-...~llII 'IIIU ~ll..tnlltlm,w.tunc•mmd l'·'l"''tAut..:\. 0, Altprndl\. :Hh~"fllt1•1UU.,.-dthe
nuchakad "l~..,.an.l 1\,..,,,,J,rtl '"''«lftln'' \ l •l.'f'CO(taJ1~ I'IK"tnk\U(\\I11'1t1~.t
..."Mll...,,lOio~dlntt'laatIt"'al11~ tb&t '-di.'1tllkf Corrtlt. U,Ctdrt'JC'\\ 111rrJ\A P\. II
•t.zn vra•011"ttt~-.~ .,J\P-' IIlk~c rn..~ . ...dil.ako ,.,.....J11 ntile'-.~
.. 1UP.\II •-t.~ qiGo;icl1'linlladunt
~ ~ ...... •aalb. *"..~ .....~ nne IJ!Ir1l.a..~N .. ...,.·~.we II•• t8
.umal10lie t.cu.. ..... * ft\lr , Olk7 .....,.• tlfalllhnl•.,
~·~lnaprpnllk1k.l~- ...vt
fllrrMOC.. )'lflrtlni "'*' ......0'ahdak ,.....,,.,wmob 11!11~,.,..,... ... ~
K'lllftcw!Uih .r Lnf1 ~hr~~~.. -M..JuP IlK tha*'-c ...e.t;aMn'INo(.-w-.-"".",'.,........,
-~ ~tak IIIIPII de..,.•IDI ~ •c-\lrjwmah fcllnC kl porcwl!•INm J:,RPf•if
'~ .. ~ .......~\rill ill. Wet~ .w.;..rnt(lrMb •.n ..........tn. dlt rtt'fll-.At
'\lDolie 'rite'h titalhtJAI.PAII._, •1 foe ...,..wn ""flUidnrc lw\c-"(fit...,.cot ...,
~ .. p.:l~ llf1•il~ :Mu.IN.. ..-or fCGJ\'"..u...ol~ ·halt~
liPbnp .w\~ ·-1 ,...,..,... _.... ,IQ~' t ..._., ... G~ of , .......(----
_,... ib IL'C '-'_,.~_ IIWullda 1P -· t~ ..'"~ ac~• ram fn......--•"-.a
'PCed!fII~~~., rta.. ,,_,"-•dc:1'tw kt<di.c lfwt~k .Cptdct*' but !ttrPutJ*'K•f'il~'Uw
b dine wn..-)' h .l~•lrt...·_-.jdWc \.tll"-''"1~ih·""«' n(,l!:!
tb rmm <~t "h'~""''-~"'l~'"n'·i.-:~"''~N'.O:.,
In the p~a~~c1l-\h~ t1'w\1llllkkIbe ~UCu'f
t~I~IAt \khUn."\\ tl"II' I•.uw"hlup.~ I»K \ , 1'" I'I'IJfHtt.ll
lt-"" 'lltt lll.icJl\m•tfC'""al'a...f·•II\}'II•J•
~moul oJ11~ \0gn:t!WfDI""-haln mllfhl l.,.,:t
173 ANllk!IIII• .~...lloc"""f'rl4 l~l"1~l·~)"'" tel ci•Jilljoo ttl ltmand~p:l mah.Jngc-s~1ocl.
tl~.-~,urtf -.r.-c~~"11d ..ou~~~t tto.ell"'
"<hc..Mcfll~rf ll.\1 tsnu.~K:~l~n
! t)h,;«..,"to)I! ... ~IIIS.:hcd.ikl'....,..lfll (dlimpnnlng ibcmanag1tll:t11 Jmx-;ftl~ntllli.'IJc-
minl;v.-1'!WIks.
} ~mbn .t~~.' J...,.-f 1w.".el\II tlr l!kt.luk
flii~:WI JARPA IIwillpn)\idc iufl)ffllutiabund• Rnd;..
Smr•man•uj pmpwnl btf)lt'ltpill'lllfandCBth"l ntt~ut." Yhkhn~v,.1Jt
l"he rroposalprovid tc~il\(orm:tairequir¢unck-r comrib!Ut to comrrthe!J'd ~'h1)rsbsstK'·tdor
AnlllmiC' wh:.tlc \ttCn'«OI)'$1t'm model"'ilbe
P>~n~g rOaptheStl!t:i.u!k..
fi..mnr""IJl·/J..,.-u~Hrm dt."oclvpod "llld:laCl,l'"tt<l uJAk i'AJl, \\fUch
willcoo.1nbu"'to tbe: k.atlng of h)•pot.h,cs(srtJMCming
Saln< menl~l 4!J!fcs:slhe ("J'Inion lhnl lhe JARPA
~~rchpr c•~mmt h011nJJ.: 01rnu)Claf1ntrili1bcn ~n;cs in lhc At'ltlli"CI-o~·~ as t'efll1s th"
establi. uftul~'t'S'' -.~c>'ctelg:mner$hCe~TW
kn~I CW\1of the biQIC)ttAnllrctic nunkC'"''hs.1.nd fi.lf" -c::;oor«s
ihllin Lhcrll«af \!hangblgCll\rronmcl)BIJJi 1f~~t.
\'IIIU'r lilt\; \O.Otkt.lnc:tcd 11t~yw -.ucdlhc Can11·mt om./Uunt..uioir
ltlll)l}ftancc of prQtd~\CC:IjnUJtor l.b~cdll \'t Rc::spomfrumtbeCmtmi tc UtheU11a ~l~t" ~t".'c1rn~
pro. grm~. fll()\'lu)(re·>;~ardchs nOtluuup:lhi: (uni tInvlt:w or the: cptntoiU C:.ttnS(/57101!,
l.tl\tlopmeorlhe &lOC:kS.Q~ l)'hermrmbm" litri.'Sscd
Som" mcmbc:n. ~trcs the lmporuant'o( continueJ
th~ •mporuc'tl'ofJARI'A IIas on approach IO\\--ards tnonnorinor bil-g~ll p.ammctc.nf AI\1111Cmmkc
«os~c: mnnlltt('lt)Cnotl theAnlllrtlw. w1f.tJC1)0f&:l;ia he ll)tlrl al.ub:Cn\lf01111k'ntnl
One member Clll!ac->.p1nhc:lc"1h:11many cd'the cll!lng;.n1atso10 suppl('t therongamg1\.'SC'clho
iml'\)n.t'\!'iu.JA RPA l'lia\•C bt·cn Jlftse:'Oitd .r\nlll«O~·Mcdm)11at Tb(":.ituOf$1:\eIbJI¢etl
Sc•ctnC ior~mittt lrll!lhcp;~r$.wl1CI: 1Iddll ~ ~1'1 sa1.sctol"t'«<'MI .alt,l,a'l tn:.uc.-duanm.111.1kd
la~ lub ol Uu:pf(lp;)lJAR1-AII h.1H Obj«Ciws.that t'((l\})lc\ttIIJI:I II)d\\ilui,RPA ~prcscnt ncd
a~ I.!RU.Ifndepcl no(~lh~JARPt\ ohj.C'Cli'lnod SJgnllkacic{m 01ddrr hs rn&:'\lM!.lI'AII\Otdlu
~ubs. Fo.-lh.:tt".UOb.: (.:h thaiCclt!UniU(:o: ltll~
pro'ide fhtm~·wc O f.tulli·SP.,1-1Mdd t~uf the
moo: ttls1.11f~rKn'f~llnonu'·ooductll lt'Vk"woftbc Ani:l«'m:Lnntt"nuanmau. Oth~ mctnb:nul~ Mm~
JARPA II rc.~·a prn!!lk 11lsJ.au.cd chII w'" theneal 10 ~efop an «OS')t-:m·~ apm>.-.cht()
MaSOnlllewbI:Xp<'dconUnuattUnof~~oel~ ~AnlntJnI!, man11gin1!.tlwAntun'tle nurit~ ce."::wtm nld~t
AnUlrclkil,btuus..::tIIC'do ktcp shipsand personnel ~omm•.:t nlohJCCUVCfofJARPA IItothL~
4:r~,p \llohlieMt-kand aJso 1hcnt'cd tm:urnain One m~em.bC'4V011rw te 1!\Idll'liC'I:J're<-n<'1
nwS.cts(ofthe~·tu mlatev.~l hcpc.!lOfundlhe~t~t•~ SCIS1 •0thatthepopublu')ul .\.l1llkmanl..lholes
proQrnmrnc:In r.:pit~·~110IL-dthll~lo~JJ. l1dical h:.tncrt':lafter lht cc:;.sa1"¥~lu lnliclglfgn
C~"(\l (HSikal nIj:~bouI ~dt.dSldtiif!UFlc\o(
b:.Jm1wlW" SJX''I<~~ Inrdnpon '~!he:dc."l.tetrf.l<>n
1h"Sck'flliCctmmlll('..n.lttbtnU:d.lraOOIK.'CX)Sat) IJ~e wlitepopl uall~ norin.Lt(hat lhcu.- had b..'CnIto
n( ~uch.-:;archf11'0ifl~ohoU ulctl!-lrmdontbeu ~n.:nll lf \nu:t c nUc.whitl~te~ ~:1leculy
,_,tnihmc rll.lilllo •K-. 201b1.!1.'111U.I)
B..Obr J~rc
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lhc\·un u·c~l~o~,;ludc1hni !U(Sl~t .te
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1~~'>li.P- ~tmt:ltlUllk ~~tJW~MJMI-n 1~ ~-.1110-)'1~~
! dw pn:•pl~~~'d ,.~ •...~IIN.d k'c,unl•'"t) -.;W:n-.lu.lPiIln11.-'l.om k:rn.- 1'4~~ICIIIdic:
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ul!ltt111fmmtiP•1.01I1t:JU~.~t~ •l!_'""..,.,...'tl~~ cflb~nb .a,r ~·lla,._.l,.IMI,fla!l)
!1\ol'ol..!Sl fnlllt!ln.lll'll•ll.-1l«t.ll(llf:l>' ~I"'lC~,"".p..:J-.
•111'1{\d,IW"I"~ nil-"~'.," (to· ·~ tlcto•d -~ lill!llilll.lt (wldtw~ br...-.lo:'dllll
""'"~~lw ''"cl!1~--to ~~·1 1\l.l~~u.r~tk.
ihft\'0. ,1f~}onIptlloll\Iljl-- ...~ toe
11n•ul1n111\fn\'\mdol{t tiM '"'"~<:~ 111•~ "1111n-:MWdl ~ • tjiiOI''l!ta*ICllqc. .,.to.
.wt•o1bacnllu1~1 ~~~~ ~IIWr llt\~Zl"·~} tlllVoeto.n. l)11Q.ltl ._I.••J•('Itl"f -lriull
~ttlu«h . ,·tm( .t·h:!lr,l'l'·i):
..-""· ap-~ orot>l•"-I..~ ~ ~J~Jt. r~ II) "'vln .mbC'\urw •• • """"",_ak••'lie,_.,..u,,.,..
L<liii(~Ad~ 111111WtJI u.!be.~VJ!IIII"llf w- IIIlti""t.M.k..rt~dt.nt11.1"'llc'lhoan:r1mo
"""'P ''I''n1nr' II! 111.1'CW ..lli1'-!aJt~ol
'"'"'""""ln<'> .l'~.~r»I)\\t ~ '1'-maJt;:bt.l!l)lo~·ida..t.n, htrdl"'"'!111h"
...ll)lbkilll~ I\\(', 19118,pp.J1•K!
SloltUfjiJI'\o' {(H'•'fHUOf
~ ptOpOOCrUS 51UJnj JARPA ha~ ml!: tlt"d e\·ilkJICC"
Sumwldn r»(prtt/INill
1ha111 An•:.rct1Ce:cosystem is chmglng and 1hrrrfvreT1tcJ'l~ts SCIII.tdlhllt JAkII"'ilmwh~ hotb
~sat) to unilt•rslliK'dyn3mic' t1f inldlleliOft'
ltth:tl and nllfl-lclblll lant~l:ll t<eTI.Ie~tnil
bch\\"CIwhale:~d.:~ 11"!ordtaw ut.bn.'\<. nuionaln\('ll)«.:l btt'!yedAR.I'r\ "illu~! jnJARP.r\II
nun~tui JnIU Wtinabk USCorVhalete:W~ ~ \1olliWril•g(ood ronwmP4-ion.blubber tlucl.,and".S
un the cnuh.\JAAP~ tJi\RI•tII~.a pl;snnt"'""1e1
"@C11mntttrHm amrol"\unl b..-.~aaue(lllntmcttn IUY"
fcltko'li:robja;th-c-; indknl ol'li\od o.vtnbhshl)' and 110rlf«!mtiJOf
rood~Its In lht AnUtniC, lrilbt~ dab CIUIOI be
t:ll motnlotmg of !.he1\nt'C())ys.IC'In:
rhl flll3dc:llnjctomrc<~nwn thAIlU\pee ~OO obmlnc:dchrou_hon·letbal s;amphn@1.\~h1.tnounhy
ruLurcm:a.nagtoobJ« tvtcs~ ht- oMaincJ by l!:!R1mrh 1Je.'5CIIIll.dt:t((·ttug
174 51
R'I>WUlfi~b)R VPA lllld ~or... roUubM aft l'(';)ttdac pt\.1"'-'.1otOO&boil$Illt1IC"1\"' ,.,
OOjC'CU''t.he-l.1..:kor thtt ~o,)"fOfMl'cM•oe
.t.ak ...•a.ah ate l.:d.C'Ic-'pltl'I)\C ~ I(
.,..ut>UIWdrfil~sPtJabs<\cd • 'IU!ID~r 1m.~ u(1h ~II,8J'rmnl o.JIfl"'l,:u.&
......lil(ri>N IN: ld.clrha( IhePft""77t!~''l.'\ n~'l',l ,
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~ agr«d ttw111hals.lnu ~~~the"nly *,.l 10 it.ltfif\11\ith.; Nmpftt.lcMWI•tt<n.;f'itwl;s.e\1.
~k.t 'tiC~~ d..ta ,u~ht C'~rtd '"""'m;h bill da;u~II'...._ch h wa 'M'4 '\RP.+\ ¥ofl('
~ .."c, • ~~.,C r\unnf &bt '" '"•Jt10 ~ toJI&.l"~~ ~Hli¢lltcllCUd~a.,,ube~ m
c(u.-,1.«<J))f.ClplfenK'hnr'' '-lll<btuuldtit
1 JARf'A It~f). antJ ¥o\~~to «heb.\"" uf Udl
~'~ kl iadOOcnthc:f~ttll o«h O:. cnp~m "unplm#- atoLKte"u"ey ~ ""ttbt urw;d 110
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1f1~ tO· l hClf1t'Chu v.tai""'*'->loa;lcu.l~ulh't malli\my Y.IUJllfl*IIIIIC"the.'dc.'1ftopmculvi
... .;w\dbe ~~IC\ AII£:d.;m.kthmcm.. :~he !Xo.)Mcll'Hnoddlmgr,...._h'lftiiCIAo&amKm.annc
:... oi-<:1itl'v•l~~Tt t'!th..t ... c:Md'llllflhnnll)..S "'1:tb«lltu\auKI ~un.:c
l'otkl"'~1. t1n:J.-u''l fUJcklrnt ( 1 IIIMI 1\olll
•haln "'th ~-:\·h."'C".on 1\ntl' l"n.-Ythll~,;
..,'''"'*!lbtC:..Crnrn•,cdInSC~01:'"unu.'fltiiiJtbmlbuuoo rn 1,_~~, ..'(bcdl cu....~ltf~11tdlly
dw ~1111 ..ul\tiit)u( n."\t~ thegJt\RP\II "'1"1cc4'o~ 11ndtl\iJIaI"'OUon:b"o'aill ,(.,ltnuc
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1brt:.-ld•t •.ncm~lroDC't'f•lthlt~elhNioktgiCal
citlti'dsl~ "'lal11~r•1Rit0 0f rwuuf~
·~t,uld paot!"'~lltlaf td.w. 11tht p.ld.and.Icrtvu;h unc .,. 1p¢nl c.llle<un; _,.
dau m,..~'ta lh'nI,bex·~ "''IIbtl""·c:su!!Jk\1.
'II1'1lt k\" 1 \II tk10 -'-~'IS •Uf\t'.u'ld
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&k pl'\:lp)AI ~f\1&ba f1ft l't'Sl(t t\."'~ ~~ tuWAntala.IIWil•hale~mJt 'in.~thruri:·
cntbldO"'llion of WOIJ'1:rda&.Cl'iod\ukd ICC' ..c;cnl1~'""'Po- (IcIR""""rlJ'"'J<wt lh
* Ull. lhta tl\n of 11\RPA 11,m!.ba dwt the ldj,u-..:1
•n •IJ.hlm.:tt"Jb11ntl tlr~I\C'nes~~~~
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~~ • ilillt"otdl.cA1uarcu«~~·In 1n1lb~u ut~}tlt:htcllplanat.i0.1t.l~")fp~cd1hx~rlllllbt~&!•n~'C
t.>l*~ (.1chan)!.f "'t.a.1~tnd thi~nce 1."'\I "\ ..,C¢n:~U dey-.:atn01111tc!l.llll1C't)'_..")
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Jude C'l'rl'\.o1o die pl!PVbi\nt#\:oU.,~Nc or dl:ww tf- ~""'" )f''The- ~(JC ("omnullfti•
h~ .. "\uiC~\M v.brnC''\tC11d.,.(klf'Mtl1.0 rtqlltmM fnk¥1 I~ 1'11\"lnd ptO\'iad'oilollbc:
)('.mllil'14ew.tdur.tt~rlfktae'artrn'l£1'1l,.t,: C"ommtu1on fhtt)~.1 1t.t ·ommtrt« 'A~utml tit
hkk'J'(''*tlt t'romthe pcntne'l~!hel.h'IInlhc: ~'i~ n.'Pift' l11~~ Jpo'(S('pcmtJb HARPA und
111!11 1,\RPNu•.the1,-<• ~;""Alllru.~11 r«mll rmfK'""Itl.
~ Japun (JARI'A II) I~•~~"\hescknl1fic mcril nnd
~.n NIU '(I.H ij)f',.. lklll
\'JIUC(\(J'f\•l~lI('tghly C4n.•tro\'14h C:II)C'
Iticunrtnl rclcvnNgtnddtne n pnbriio,.~: hv-.'c\~.l!Cd
~ ,.,,,... ..._...,11.:..-t•f•""''"~· c:oomc-~tt11 t-}l\tllll mljorPft\bltm~o~ htlll
....r-a-__ ...__._ ~-~~~~ ,.,V~.rll'•
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q-al•ftr. ..~ 1"*' dw ("!Witon dicit"" fC''t.andf'C\lf'(r-an~o.. Inlht1'(\""'
of dine liN'tbt draftJ(dw rnuklnl: R'J!'Thi•"
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d C(JI!IIldU• J*I'.'C'U.kad..to thernIC'At~anc
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inelT«ri\1'1;\fC\4 ,.w~.nbm t!te ConuntU«Tk)
•'"~~rloc:C•'"fmllh;.dt\ tJaJ """'" The('••mm•lt«!iUW:nta.th.tt f\ICntaltran~rortcl\~ af ihc'!IC
h<ftl~ fl~l xtn, Ill pn:MmJUlllcmtnhm~ b) progf'(1,)nu!.·ll4.•:pomand propos;1l••houk! t.alo.c
rn~tM»' rKInrt!lur ttmrn.c~:hrrotvutturu: (1\\'C.
l(lt npMa-,7; IWt.lOOX.pp47·''J pllk:b) "M~l'm hctM"lrflC!l"ttt Itl'ltcmll1t0f'hal
hody ~JR'"I"m~ ln~t "!,.IpI~eui. snhsman n~·
Ill J .tleff,,.d fflllliUIThllC'\· lht ~IC'oIrM~ ~hun. mI•IJ[)'
Ihe IJittullk·tproposk .~nldau'.o"'tth.. (S\iM ) The l<'l'mll of t.ht.J :,pubU~'l)J'('tr,
hi 1..,,c~umrltntt•Dd1h~)tl'' ~mr' ttrha\~C't IT'IC'.lIKtenttrI'C'l Ir'O~",~Jofck'!hal or non,
ltl he dc1erm•bed.allboomnt cJRl~rcl lllllulot"'llc1hiJumrlu•pr1-el Th!ybci(\'Ndult b,~run1
the l't'pOI1hc bt..urS\l\1.theIWC c:a~P«" '
rroJ'II'!Uw•.39COI'IIfouiiL'Mr~. (.,....c•-...,. ..
lbt~(' or •> ··f~~ " 'hc~ o.k'm&l~ 1"('\I<C'thoiit'IOD(tlht •or\
,..r~. &lw("urn~ ~ n~ih.c. Inprn.,.".alefWIWL' conduacdlllll~"ia rlmuu.
~ ,.,,+,mfi\'-C 101).p~) '·1\'-!00!-p..So.J} Odla- -...hrn dt.JU~ ..,roAt) ~ .._.
OO,«u'c-mlC"o'or MkphlpOUhv..,"be J.'IOJS•.the
lt..ProJM)'Il1 tor.~~dli ItJtf"'W• prO«U !Jf tS!IIo( tdcn11f•br.Jtn!: JX'IW'MdoptniUfl' the
'~1tll ktot'rRiih • ick~ienhl (C:'Jiftf'bltnl,., m the Sck"nt1h~
J.a,)·.:II~(t,.005('pp.U. . 'oi"lindIN\ f:t\JI.'CPmmln<'C" h """' •hIICb ~yCcOriCl1"t' ltltl~
!01)&) clfoo\ \\Crt' t1PftJloll'l:'" 111t1J!O'Itl"' 1C"ofiC1CflllecmutJ " • mandat¢d ft'to'thl) of
(·ul\'l(M "' r(,.,lnM;lUtl11ldchnf.'"r,...·lcn ti1Ro~·mll f~l'rthe ('Cimcnuun dtc Sehcdule, HndIlK'
ptormlll lt•!Jn!'Cmcl.~re-JICt'ilifJ'lllft"o~lll Rui-sorl'fN:ure Itterdi'JIt dnocS«m appnytlial"
dWI\1<'lhl ~thackJ 1JI"'l IklC1'~trtk~n.IC"ln f('lrdCnmm11t~tflfltln'lhl'lroponsihi hal\llthc:t
miC'\\\'·~r''*"bc-m OOBc"..,. d)( Sl>ul!(\;com Of'Sill'll\:ltK'ln
t\lfk:luan..c-.bm-fo tht'c.nmtltce •J't'N •1 last A ..c'roDdr f•>p."ll f"1 an aht'nWc aIt-'.co"'bkl
>~•· m,c'ftlfll dtlcktnfw:nhct1utd~ !rom &be C<'"mrultr\"\IC"~W>icrn c:mtb "ti 10 mflm" the-
176 Annex 0 1
Report of the Standing Working Group on Scientific Permits
~lembot\r n,~tabllhlkluRllh,Ht=IJV'ef\. 8)1Jf!C,(•, Rt.\ U·.\\ OF RF.SLl.•~!l'I\IM;
N:R~ fiS
Oru'!'in.llllc. twh(~ltlchJC.i~lu',Cuua,
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(",ai.Jo ionGt•.<:ii'U(junnlll Il1W!m!~1~t.f"''illll1"\CIAntun:nc- mmlc \Oohulnll"d nn 1\mh
llaJ~ ~yaor .khl,ru,.~lkn lfli. jl'l;d.i. P~~~ <"'t·intKk.50.81)\k'w~!151«111h~,.uiiJ
lui1Youa. RaMIK.ll. .."l-1)t~w~. K<tl K1m Clllat.u rkot~mmotnnNonhAl~ c;untrm'•nlt
Kt~ Kofll..oty, lA:I_C.~. U,.dl,)l;w ,
'~i!l\Jky,
\bJkHI'C'\ bt-wcl'">"'"' \lP-thiU.\1'"-"C' r-\lf\beVioO.•n:.V.p t.,...taftJI'Wftnltn•
........\uhr) ...~hnl1; :fn.diOhu,.o.na. om 1\\(nw~.. on IARPA,_,It'- .-J .af"~lllft"'
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Ropn. Ra,a 8--ho. ~ S.-.dk~'il lhm.uda. IARI'o\K"IC',.,
Tbr('fll~'lt"flt ~ fromcu_,..,1, rnhp~...
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W.;amobed,rutrJ: \;dt,\f\,.·WlaltrW.dmlch ..
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7. KP.u:-ot·I'EW OK (;(_ll i\ l ISC;
PIC. J)OSALS
ICO;\ t'::H.~(II'J·.MNt, Ht;"11\Rl{S ,'he \VluLina{~,·te-W nv-putouc(Ak l'\ II)
'"'blnllitheGmem~ (\bp.~ ft uM:1~A1u.an.ut'
8J"f u~cCf:\Jn~~t~ :tn•"••'a~thmpNnttiCi.pat"~•nh, fin .anJh11mp~b:-n(.t.c. Itt 1bc AIII4Kti.:
IM.'I'1JQ"Th-i"'CCI!>Sirotal: l-.m1n:oCUk1<-tn
SI.:tell...:<W~'plnu'~•rt l"bVit• ~i'I•p•
I!,J ~tm~t o;' on dlb lll""lfMMid C.'
~ \M'W.II«'rn"-~ i.dltw ftlllt~l) ..
l. Uil.10\ OJ nt \1M \flr"P'_alld I\F'J'Mdi1")
l~••c~todw(. 'h...,- IW\hcflhtWfd.-.1 Gmupt'Oil~ the(l.lflllnll~
rwtJO""hoJ~ fJAkP"- UI.I~landTht ''KIt l
.~.~t c.ln~\l1•l ~"' ''"'the'fft' tw,.
l't'\tb)!heSi.·~t Cof t.ltk"..Wtt~l rr.-pn1
thC1'd11tt tC0:d~couwnwb mlkk •t c:•thrr f'l!\llt:•a-.
3. Al'I"r~t_\I.OYMAI)JIRTF.liR.~ ~ t't1 fd1(!.,.u,t ncowor «-rnlrmtn"'tiNol'l-"l'll•
Nunbridagrt ttw~.t~1111JK:"tut1l'i. ~rm~ 10\ln\U\tkr f16~o(lht$~itt: C'ttltf'Jlt'nllt)
Ormvik.. trputt.
M. l•tHWC,"i,1\OrACILrrA'lttill ' Mf'\' .. '\\
I'ROCESS OFSCIF.S---I'Pf.lt\tl J'
.t. \UOPTIU\CU \ftfo"'O\ A dtwo•" tihtWorlangCinwCIQrn"''l,~M
Tbr.~~--~., •••.-.-ntaAf'rC'*Jt\I "''~~!f ftt'-lf-'"CfSSellt..:fltf'II'1..P.~'
i'rrllo.1ftl Scird,f. omm<Ut~' tq'Mhem
lbJ
5. DUCl\lt f'l \\AIL \KI. .E 9. AllOP'TIO'-'OF RFI'OR1
Docutnt"ltbeC'Uil! "Jd~c~/nto a10,ta-lo. fhl: ft•M(.dop""-'tw~lbeblun~:allld~.
177 160
Appwdb I
AGENOA
l),)lcd.•nJ - NnrdtAC11ll1t1lnl'i'ihAIC\
Cotl\'tnN.,cn1mt~r~l.
6.4 Revit.repon fu:m' nun·IW(.' nte01alf
1. Ekcrlon uf ChaJr JARPAres~uJi.
ti,SPrcpuu: folJon'A~v~
t Appoirumen! ol Ropponcun.
7. Rc\'teWof necmmrl n~lropn...th
7 I JARPA II
7.1 JI\RPI"0
7.) lcdlmd
n Re"o"ltwrc.wh.r~htic(tlt t' Jl -mpcl .~~1m!ihtldtrcov_!~~t:'1tSclemlf~e
6.1 Jap.un- Antllh:fi: mhtkr \\hnles. Ptnnib
t.l b piUI - N4'rth l"«'!(rmrctB~tk'~
o.D_,rcmhule& 9. Adoptionof C'f1'10"
Appelldh 1
t'OMMf ;N'I'S ON THt: GO\rt:RNMF:NT 0 1:J'ORMSAI~ t'OK A Sf.C<)Plf.t.~FSI1('1A~
I)EH\ H'r WHAI.lXG rf\ ,\1\iiAtJI\I~IU
S.t'h!tIuJ~(iN~Zc:llu.nd),N.O.ak:!(tr\ u. m.er(Nc7..e~lOC.and!.(J,rllCf);.grno(S\\•rden._
J.U~~:l.h:; JImdtU\iM;J, R. AruwnelltUSC.C:uhon tUSAJ, J·l!. O (frun:F.(1riM.IIPJ,
PCbpb~ cmSA), T Collin". Ill,), J. Coote <IUCN). D1n1a(ietm,llM, !gd)(Ur:wJ),hoUay
HP._C.Farnum (h:aN.Fon:.hllVllJ~.m k ~(Au~ i~.K.Jrl'ltRnv.iM.lmtur:t rArrrnT. )(uya
tll'I. Kc:U(UKl. Kocl-(Gc. f. ~n.hlUSAl. lt· WIJ'.-r-IUK}.I-.t l.tOtaetl:SA), D.,\budll fiP), S. Moorr
(USA~ S. Nonllfid•-<(UK), C. Ola'l'llrria\IP). P>~ntll~l)'),C. P2rMK\(lUIO. W. Perri11tUSAJ.
C.~~~m .lIJ, t~ tt.ll' RdJnd N 'ohe:rltV, Rido(fn~~ FRluo,(Ck.tm.lu)'),J. Rubbim lUSAI,
E. Rog.\ln~·n,L Ko-jiUtMtA•).Ro--e'IP), H. Rost:ub;mm(USA). f Rt,wlSall!UK!. f..$t.:dl1
iiP).Senn(S.,.l.lletlandJ. M. Smunnnd.,Itn>J.. StlciiO\\lAuu~oD).Thick (Aust.J.Urb.l"
(Medool. P Wi(USA ,).~11 .-crtbtt-1(UtlI<W11~"UJSA,,M WeinrichCIPI.R WiJII.nrru(lPJ. 8. W'tllo04l
fUK) and ~. ni(IP) ll l>'=ln-r.sedru rtkipll\1].
Entlter yeMd~Oeovc.~" 'J11a1concluded 01118·lcYCfll .!Ut ll i'itheILlUIIt:ll L"'rnllfJI4'.fCIJiiqUQit\
)~I tro&JllmnQl."'·h3hnundc.~pttlp:miI .n fii\1\l.'ltCtlv,.h3tlt\.\ ·~rb« ptiOf1ht
tn~ln•h 1'l'lmc~rlfy nt beyond the tnlt"ntioo
Antm'('"-':.HheJARPAprognurnnDuringtb)'<"Ill'
(ljI~lpell.~,JAIU'All.tl utTdun 6.8(.'()mitltc'I'I ..e~cnit8Jn{thCtm~C!I wI~deOeoled.
'\'ll(abnIOu~IIJulilttWhoir'W',t~uit:ld11: aDmt'OUbhithe:Sl~ 1~ ~JK'f• l)l,c:n~ure
diU:tc:ollo(JARPAeOON11 arSyW05.1hrcutuor t11a1 a~unml 11dpro~d progmntnKfOfsp«ill
lhlll rmpmnmeC:IIIbeJITV'k"b") lhc Sclel!lifir:rm\Ojl trnh\~\:l lu trnnsl pgn~norvugb
CC11nmiU«tS\)unnl 2006 or 20(n . ,mdt\h.l!l o;c;l enal!r1i1~« n~.:11 .0~0ruin)n(1hc
publi.JW!d \hut(" 1rt lntetn~t p:ict·rau.,.i ~t:!IinId~Jntcrfticc~n1llSu.h kwts. ota~
lh..r.ahutwls:1~j•l::the 't!,,il, f("')tan:hall\tld obewh,c(tn!be~(I KJ!".Iattny ln<UUJl.!'1111
'"'rek:.v4Cthrn: ~e.lllflla~ b) IWCJXp~le cocnmcrd:'on~g.i,c:.t_bc::full RMPpeoce:s....
thU.Oipwm~ poprbt'\""',n ptu.nf t.Pl!d:ti1X"nnl•r.w1(4OR:~mih.~L"l'Iit<nVtKllt\!\'ltht'
Jt\RPA II pmpobr~;nte IWC: btlsll c;htK 'ce
wtuling (JAfll),\ II)h)<:Ofnn'~~111~LnI~·1c
of2~ JARPA ll \o\·ild~n1dol.abltIIJIIIWIt.'\ ~1ullh'~rcuf the ~lofle~ftririna l lit ynr
etttcbo( miwh11 1ndulw uas-fin1/Jph,vsrafU•\JMRVA 'lft~t :tMmmeAII£''<frw~.ai..."Ita\~
SO11Wtll)\wluk:(Mt'g!lf!flii\YJ~IcIJ;I~illl")Jl!rt.-.111llef")llt'W~eo)(nd ""'IIh.I\'Clllkcn
f•ur1h~ .itfpopts;lmlicl bllJ:Iilnten dU~ :limPl.,Qwhai~lJcf0dtb,~., .u..ec~ ued .
4batldon d~CCJ!C Jed method um~:~in}!g~hnk IUldwubout 'IKIIan i~,·kpde SC¢ant'm;ake11
"I,)ChtheKI·~t M:.m:tu ;Peocduft' (RMPt. in n~ntn~i ac.;elt'oftiltl~kVt\\l(lc p~
f.a~l tf o 6f""tv<'multi•>:~ lJPrKet\\kh JT\Urt'h. (It the lrmposc·1C14<'
o..'-Crllal~llylhe )Ckclcd 1:ullil'liu:.~ure ally bringing lhi• proposal r..,..v•.rtbru tltU '"""
\-\hale, ft'.J nl~!inorder h' prvf1oVelof Guvenuuct tJu.ph'" 'uh~il lll.llfnnllryuml~
depkled l•rl.ui~ell- blue whllli!'i.) Cllp.KatliSC 10pufonn1tta<.\ dt.<iiby.Welcd
Withthfl(rr(1fiMII:twlllincttru.c iuI .kc:IIQmmi c~.iif'\Q\ll•j~\'lbc Review t,emjfk
of \lllubuf~~lafrerm•U)al·~w!ltt:rc,i)'C'.h PmnilPnl!'M't~"lntI.2IMY't.lpu1\II&W.~de '
c-:~p o.KwStyto prn'Y<lt1je(.1tq't:I~t\e"<'
it will tlll.c lllruosl halfwt•l~ o~ctkeRof uti
w'Kit~p!"lCirhtby lliJ Otlll!a •mhlnnK'oc ~k 1O..tvicc 10 tbc ConuruuK1n.
178 ('(l'lbtqoe'!63 \fltntnl \, {i.tq)lt:~nfll t)ln1'h"l.R.hdllinhtl;,diJn I.iIII:•Itj\Je\IJOfl"
fl(lfll 16 IUihOillll dtoltlbooth~np,;arhc:~p:mhoj,
thlll \'"I-rrK'M.'Il(I~knUf11. :.al~ly.thle\td
iU~Ch nhJlWCSCr.t7n~~~~ ~.'Cillltuccn'.tIIa 111ldhal tne-AA-'In c:a. te uw-nl non-k1hal
~.roWIQd It!tcy:nf"lA~l""l"'I(\ ltheJARPAII n~.;. n1pt.)llw.bC"m de.arldrm~""•t u.lk'd
~ lo do w "'""IJ..uNllnUalundMn.illc' tbr lld.i tC'·poral and sp.ana;.1\.n 1ft~rotod.
Joo.~ IrdibtJJ(olII'utf.MJ'-"'ot• lnv..suhma ~rUitll •'..f'a.Jiunpc:wt.rut•llllt'(1(he
diefotao. bc-a.~ .. - !Cnl- ~ .and R\W
W&IO lh.~ Q;t\ot,dt.hf""l'!..'...cfed il!w. lht...... "'flit n.-~an.:b..tO )M'Id ~·h ".....kt
~ c:.br ildJ~bv )tbc'li-~ •hm llhJARP.\ rrt~.. •'~"' wI h.:"Q. t!IC'~·'Qi
n:"'lCI" ~pkC( .()u''CW"\mcA I' Wlletwrcd1ft lf,,....tbtmc:arm ~ 'JII.~ 1fttitd
~ Wttb ~C.~~~tii.,U(UidllS..ft rn~ ~~'d} poor!oo·"f<!pJnJ prncnccd.a.lai
thr) '-IIC'ptmef»'-\ lofa~t.w wtcR'"'"'
I. Objt'dhH
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JARPA II prnptKtlt.nl\•nod,'t'4U.-\.u 1'1:<'1hc(lCha!<st"Um. ttun ~.cuut,,.IGIChanU
(b) Thr nbje~· inlhr<I"Jif..._.lAft'l\a.C\'Ctal fin"'lillie• 1\uu<~s:r:ttc.:.Kc'~ttml c\l1~"1
UM"~ftli~l«< lo.OI'm:lllhiiiiCi)IJ(Ift lufI~)ol ll~ !ipod""" in tht !Wt:a\lr1'C'ftJ',o\kl'.\ II
(i) lbaJ\ilotwtAICJtm;dy 1.0111pe1v.tth Clldt ule' \0-(li."CS:nillut\lulLUr\llo.t~maln~
osberWh.thO\C't1'ft('lo1.<\nU."'ri.lbl!
..dt ot..hL\htd IOOtrotht~IC N.Jec.owt1~1l•nKV.!Noor~octtbt~u.~mcdna.
-..hak~- 11« M ""-1lltcd nok&n mdatt 11t Tbr dntrnUullQQ~ eM c.UtnlO\l1pnu1Nt
31:1~~r crt«<ddJ't1.•hn"'ttt-•~ .,~ rtaW'W(CW'M apparroSl.~lftl Jln.Jr,1ft~~~r
~ ol An&olf":.lll•tuln
- ...... l.nll """""~by.... oor-
W.-u infl..:n'4kh.n~ b:r•h.lld.. tul The LuJ'diCIJo~ llua ""nc 't>Ub.th
hit Th¥ dx m1..t.,lfontf"'f'"-'1t •"' lltll~t ~\1\(fi"Cfof'~p dl"fllrl,..f"-"'"l'·
Y.:dt~· 1ft l'"'~. ~~.... ,.~(bile .,ttl_kf'l.bt.•·tf~ 1\1\L&n$('1W'I) """
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(••il llut mmlcl \0-h•uppm.l.atoWhlk minl.e .-,rlc~o sbuntJnt, <lfl
""'"'•~ a h1grmts. he)uu • componeno( 1111, A t:,r "'')'*f!'r:u1nut <'fl•n ""h>&Jc:
a "'ldr.el\'l'ttdo.wlr;ulthr k\~n"'ltich lll"uMl.uu.'(, I)u~;un11,uxlIIU\~~ohu~.
cocludc.l'<l"nl•ttnl'•ml fi'lh IWI 111p~tc!titjlllunpl<~1fohuu1p~~ halo
ll'-l1uublur ._Mit;,..1\:!- .ndffil\t' .Il~lnl.~ lmm \lnall.poorly u1kkr\to4\tl 1ht,ltl)'
diJlllmu'llt'andtlumrlb•l\llpopulatiorn thll'Jikpopullbon.·'Iin~111 1»1ufMl...
~\ h) pnthc::\1\fn11\IUlrll.:l\ldr tbt OlhcrffUJI·IJ•.SIUl.UC Wand' told
btomn ltJIIflm1ttllf 'JX'\:i~'":.00sa.h j\)1'htpt*'nltunpx1ola.l..bth~l .t.w.k'~
on tutalttfl'ltll!trt'Shll"r".".'A"I'"~~b
#(I1'1ltprorog13IJik'ft tftlkb_"noIUK hmu ~· ,..,... a..an'_~,me.. ~ ••h ~r
•kbnanbea<i~..N ,,...,..._
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n pudt) of liSdm1• fcmm~hlt"C.tSC) to rcrfomt hl~~ r..~runm w•h:n:c-llid!nvcapr'yUtArtU:kVIU
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of the-propcN'J rtSdtn"h (JARPA Itheneed fort~ tun I\viewedi1Jl1® l1):<!f 1:1111 11~~I:t"p) in1
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r rOfrnmmts. for \\"hkh ConrfCiovtmt1 pln '"n~ '- CCII\1~nJ!hef'tf\()(tl\lllt't'lln p Y>'lhll<.ll llleol Ill
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n:.·•Om"lnd thefl'quittn:lciMK'ttundc!tAn1dov t::mfibiltt).from 1of lilt' lk}JARPA,.-o~;rarnn~
ond VIIIor!.he:ILR\V hll' b..-en rtvie\l~11dus0d 10thedcl'i:llif\IflCI'I
TI1cl'rlm.21nbjectht(!f tbcJARPA II .,.,hich I\JJ\RPA II.
dcb.fl)\Uied In thepropc:r'IIC•J($("~7/ t1d1 Appcn~ lu1\l ~o,c. 1hc c.\CUtli JA~lt'A h-4\
"\1uJm..r1i*th«:j'IQulthc Sc!mt!w;Wort.Jngl.imup oput!<h O )~link in tbe imema.li'""'J«f·n=~·Sev.e;l
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Aprcndl•1 1Ltrtln •ooceto tnlllll lfg~h1nl,rywIWC"'as~
Ap(ll:flt: al~~~ tb.)t •Japan in1tlld§to thendonreastWfot1~i.rulty( of sdcl\tlht'SCtO fl.'lthe\\
:t~l c't!.4"\rlP m £nMlut of ,pccu latiaprn~t Pf0b'1':Utl. h..aatcme ~tnt..pnr)e.tni~;t~ tl~«~
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lmpro•c 1M RMIJ ;,.. " toni mOlll ommJ ;!.lan~ lfCienUrrcpaperslttble to the Sdrn tilk CamanJcc
.,.,hulln1)11\taUll~\i\.flimw.nM>r t-an 10)eJIN hud IIrunlk'r Jq papers pubptt f•f\"Vinscie:nli0t
~in h-R..MP'"~OldO(ItcdWlI~:tKimt<p~~ oftht' joum:.bJ~~ hlb lll5o rrovtd:t.!ttotl;!bsclt.lal;a
ltil\'af!IC(l\Cicntlhiintprovt:ment.\1nl.ht-RMP C:tMiil41biJKl'rl.r"1)c:c¢u..c ai~uo• t~lC~1 l.1.1
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t~eih~cirlthLI(~lltJAk J)II paperi \\lth dafrumklhal tC"ll('1'hl' rcfu!>:!lNs
Ap('ltndh2.ntakt ~\C"f Fl\"l(e!l:l'hI\Ve: b1\l '"'lhltt•klw1:1lbc: 'Ctcnhlic 'llUlc~h.)' hi
t"liiCbc<.tulllkr JARPA:tiki rrt1po«:d unlkr JARP,\ II In
tenu ~f R.\W 1101he lmemlon. nAmd~ VUI b uho Rtspmue:ro 'M•rl£rtrnt'tllf!ll osmJ~'$',u_,~J
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JARPi\1111.-been<:a.IC\II:n-e)d1"-emininuun rc<tui:tc:dto
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bf'COtm1 ~~nblscbnaand. (nr t>b:K'k;md rin whnii!flal JARI'AJIR)\ Iab11odnnc.c'Uilh for CQICI.IIllfl"llt
n11.-rc opKI)~igb quilt' luthJt th~rnpk sizj,. CIU"hhtnit" UtthtRMP•.mJ ltbrrm •i<b btolop_Jcil
l'flllt'.'irotllhnl))harg..-0-=-llndthcir mUoct.ak pnr.unc."tor m-dc:p~~~<oo. :~diroortJtiun on
IQ#dhd""'itt \Ailnli th(Ithedrc,~,~~the:o.t~h« ,,oc.~uoaw ro-""Ju')kC•'iw'rtheRMP.
011tht~b w~ dl"Stlpn"W:nk'Jm thc~~ ' ""t'l.lltltb)n bjr-tsuve...uf JARI~tll ~·\t"iC'.nt<itvlc
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'lULl\ lhoiC \.ftta pedfld(If~~~.)Cill"\ Y.n\14J untJenCilodlnJ!du ngcs talop ga~rutltu'tn~
OCi!IJUvtl)'uI tbt\tod and thUS1i\ not C'll\'iJ>:ttCdminke whalt'.'c:Mn,.,- d1rb;1lu:lllrnbJkc'fl~
llt<1t JAltPA U \\OtliJ be entTf1ntlliJIpenod ol whale:...ajr(lfl(neIn JARP;\ l1 Tile!(' wUI bt
time. Ct!!npo\gatd ln«er JARPAU "'ith quot;aio de"t-Sopifu1tbct thn)utt•the Jt\RPAIIrros;rarnme
Y.ould bf~o.h:uJ abdC'r1bc RMP 1~tbctdutcnc,l
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al'l'mrrl.ttc !UIItJ¥h~I Ctht.lm:altfr.ln!'lfiUILT•l'-
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\k~t'iop ild IW(' t~.J:\Cl~1101 taJ ,,.-...m.un l 'o.1.WJ\a.dJIa:<toek""UM1kr
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ll\.11 ")Lt..ti'\.l>fll~nfnnn. JllPlt'f'n.~ll\C 'an •cr:'''thlb ~cll'I~ >Cl~~trnn.
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•11J llHt'ICI't'ltethe iln'rhiJl"C'O\.)llk:m utt~ llbunJ. &'.t~h:.,..b.:-h1jOhiNII\ltaun
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th1 IIlo\il\. hypcdktl\odl)tbll'ltilt i.lt:pk'Uool'I~JCI ~lAltI\'l1'~u:lun.' chr al;wlc~tl.lll'-""
l.l'fC'llJ.ub:al tc:t,lin wJ huntpb;lLU ll'<Cur.nul.co11rUlt~rt. -CLitli'4'tl~~c~:IJ
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uH Ul•k•lwte• ~to kpk'cdtt,.0\CthunUn ~t.O hul1tjlbl:.u~..1....S'"lrl! PJalt>~~cdd•niJ.
thtttm;Q'\a•.II~t~nnnnllhrooth~)'l.tcm
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rt~~t .ocporatutc o&tan ptnbtonu~todtnt, du\ ~pc.ttf"t~e~•1I1\( l'!IOitlltt lr~l.nJ
val•,..,wablnll. dirttrilP""••hlt ~ ·~ ~ u""r rt'llt~': •llll»nt'\1 h ...,
td lc\fotP-\"flh::ft\-ltv<.MI~md ''' IIIfrrs'"' J,t.RPand "'tndJCDt ddl('.l\"t•~\ PbuJ'k!\1
'fC'.l>t1~t~h.. .anJtnuth•tittoen.du.lllcd amo..C. 0. £andf"Wf'r'..,_dw ('(O;tUI_... uClhc.
Kt""""l'\Ioiiiul# tothtfl"'''t!Wnmctl rco.&:uited.\C Ill 3(1tl \PottuJoll~tlt
,.,,, lnlmnMtUftlCC,\MI..R''u\Clurn!IOOcllmlg·n (tilttl JARB\ \lto'4n~"\ln•'l~lo~fm mtnlt-~h.IJ.
•rt~rk t'-lot\!tltlfhIn1\II undtht:"umtributH11t nt<undillkArk! lid ~loill\l"tf(na'lhl~)l'llll
b) CCI\\ILR IUtlJr\RPA II fl"'l'li.\\l'IC(I.'Iltd ~~t'W- trm..lJm:ctn:nJ dtmllb)'c.s11tc
t~lJAMI1A IIrru~. t"'adt'~rt),{'·Wt-1u...d'uJiu IIJ•p.tltahrurlliN:Iill'" in lhul'ldrn111t"
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JC"it.t-.at • a.: ~ ..., c~ dlrou!fll Ul l<\RP.o..t .AU'\.IrJ...-n ~n'l~ rnrN
J.\RP,\.,..1-\RPAn_ Pni·~ Cit1'-~ m.'a'>a'.-1 brth tflle"fr.-.Uof~t.
um~· of the ~b rrt'fr.l""••Ih= ;...trcd ·~ 'ThC' ~ ..• \f)~ .odd u..cr111
nn ~ht t'l.uu or dtc romnl-..lolrt-.totothe JARP-\ ~~ nn LWb)l'•fn'O"f)t..ttwt•~
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WI~ tla.'on llli'lrlC.ildt.W)~
v.~r ~tknntna~l mintmtlmrNmhtn uf ~ "'11!1 ..:a~\II'U~ LI~1'f'to.:anbJ••
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,·ulo;ttli,,, tit.u\opl~~l.t c,. dl-~rlh mc-d "'ill be lmrmH·d lltmu~ t~r:JARPA II
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tS~~7/UIJ ltV) Oe:neu11ntptu,.c•IiUUti)\C.' lwmpl,...~t..
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•h.ak- "\llntN"CW ,OM{tuoo ul rh<t •h.afood drtftTtfhreedtn,..-l h.. n,ln11rddd lht
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JARPA ThE:'(I'!W'lh._'eft tt\~CU\\\llltl.o.b Wlt.Lif'\l!o.
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c."\ •t~.Jfh.l fi"C'.vph~~ •·1l ftc'
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!he JARPtu..S()\H.RptCla:Pmn\i,I•rt,.,naNn• ~ J!OiS&blenoo ktb.ll...ufls•hnc
181 JU f'(:)k1 l'W 1'Hi; !\C"1ENCOM.\.111TEE. ANNEX 01
(c• Tbc RMPwtude.,.clopro forconm'H:"irael -.Miing 11d Mild-~!. ~. 196$_flf-~-, 1'/UJi. t-'ioh"if Nil"'' U:l<"i•Ln
Ll.t. loe.!lI~-'
~hooulriot be!uppheto the sclctilic pctmn~sca ..: I'o~1..- ,A\olo" M. K.-:'- . N. ,:/cq,T ~.ltlallt&.
Tile rtsll iU of FIITER C<llcUllltu)thO\Oot;d11'11
~tertM reng or n1n.im3ininjllbu~ near diC r.(lwoi . S,""J' V~l~llAn ..u~t.monullhrJitllo.'l
lltclltll} ln UW,\tol*l!•h*t 1&./olJ"'IO!It'fllbc""'~1.hl
C311i'n)J:capacityundthr plnnncd1a~ of JARPAlt ~ twt ;u111ohf £rodia. .-JIOO-ftntUnurkl'APlpt~t
Thl)mc::a.ttit~'ocU willbe~.S.C1tined. J/IJI01(1fU pt'CIlClt.ct'\110lhc J~i:uiKni.!.1'1'IW
Go>tmmm l o( JflllJmul) ~. I'.;;f••JIIINI"'«JCnt
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•' '"'b.A'Cc• •.-.rl"(o.IIJoclfd u•lhc JAiti'A. l'lopet'
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C:M~t~~ llC!t«rr~~"' \f .tlf(l\'t J_J~t.'J'U 1Av4ibl:!(fOI'ft-t ,...M/t ,ollfl.'l') jl·i-XAiml
182Annex 53: IWC Circular Communication RG/EE/4613, “Amendments to the Schedule
adopted at the 34thAnnual Meeting and an Objection by the Government
of Japan”, 5 November 1982 enclosing Note from theAmbassador of
Japan to the United Kingdom to the Secretary of the International Whaling
Commission, 4 November 1982
~
\@9
Cflrr;r Th.eR&liC)j,/M
Internation al ~· ...IQ«n. ,.,...~\ Sttt ion Rnacfi Qtl
... !"'(f'Jtlft·t' Cf;mbridQeCBl.111
Whaling ,_,e-e/71:1\t' ~~·- ~e.~ , H·IIcnm
s~~:~,.., ;.•r"""''"'.. c..=.~
Commission :;. ;y.,.Gaontorl! ,...'~:;&~
... ..,.. RG/EE/4613 5 Nover.ber 1982
0
CIRC ULAR COMMUNlCATION TO CONTAACTING c;ov;:~:•I!U:N'I'S
Amandmc:nes ~o t."'e Schedu le adopted at t.he. 34thAnnua l Mee-tin s
and an Oblection bv the Government of J apAn
t . The Sec:etary refers to hia Circular Communic ations dated
29 Octubc.t ( Lt:£:'itG/ ZE/ .f607 ) an3 November J.98 ~ror: RG/ U:./
4611 ) oot.ltyi.ng ~e objections by the Governrnent.s o!' Peru,
Norway and the USSR to che Schedu le amendment adopted at ~~e
3~th Annual Meeting of the Commisaion by the addit ion to
paragraph 10 of the Schedule of the sub - paragraph (e):
••Notw"ithat:andi.nq the oth4r provisions ot paraqrapb_ 10,
eateh limits for the killing for eo.-rc ial pur poo..
of whales !rom all stocks fo~ tho 1986 coastal and ~~
1985/86 pelagic aeaoons and ~ereafter shall be •er o.
Thia provision will bo kept under review, based upon
ehe bes t scientific adv!ce 1 L,d by 1990 at the latest
the Co~a•ion will undertake a comprehen aive ~ssessm3t n
of the effects ot this deeia1on on whale s~ock s ~~d
consiCer =edifi catio n o~ this pro vision and tbe
establiah.:nent of other catch limits.•
2 . Tho Gov.rnmont o : J a?•n bas a.lao lodged an object.ion ~ ':his
amendment of the Schedule, and has provided ~e eext attaeh~d
as Annex 1 satting o~~ its reaa ona for this actJon .
3. All the objections iC~~tif• id above, ~oqether wi~~ those 1
presented by the Governmenu ot Peru and Chil e ~o :......e Bryse
whale cat~~l~ ~s for the Per uvian and !astern South Pacific
st ocks respec~vely in the Southe:n Hemiophe re 1982/83 palaqic
~~~ 1983 coastal aea•ona (Ci r:ular Commur.ica~io dated
29 Octobe r l9S2, re!: RG/EE/4007) we:e received w1th1n ~~~
90 doys ?eriod !Gllawing notif ication of the amendmen's ~ ~·
Schedule (Circular Ccmnunica t1on of 6 August 1982 , re!: RG /VC/
4529 ) . The time frarre !or furthe~ accion under~,~ o=ocedure
~~e~~f~Q e u. ~rcicle V ptir agr aph ~ o: the Convent1on ~us
remains ehe same as ~hat set out in ~~ Ci~cula: Co~un1ca tion
dated 29 Oc~o ber 1982 (re!: ~ /ES/4607) .
183 - 2 -
Th&~ 11, none o! ~~••• amen~~~ ahall bec~Qe e!!ective
with r•a?CC': :.o any ~r:.tracti Gnoqernment. for &n add1t.iona:
90 daya.
During :.h1s .,e:iod any o:.her Cer,t-ra~!. Gnovernrnon:may
preaer.t obje~~ic~ to ~oae L-endmen~a~ any ~ime?:io~ :o
che exp1ra;!.cr.a! :.he acS41:!.c~ 9a! ciay pe:1od, tha~ :.1U.1'1=!.!
2 Fe~rusr 92l, or ~!ore ~e exp!rk!1on o! 33 ~aya!:~ ~~e
~ate c! ~ecei?' by ~'• Co~ss1cn of ~e ~as~objectio~
:ece!Ve~~~:!nq~~• ~~~i:io~~: 90 day ?erlot, v~!cheve~ ~a~~
1nal~ be :be later. ~e:ea!~er,~~· ~d3an~ ana~~ bec;:e
e!!eetive wt~; reape:t :o all Contrac~in9 Goverr.~en w~s1ch
~ave no~ pr.. ented obje;tion bY: shall not beco~ e!!ec-;ive
w1~~ respe:t eo any 90vern~ne whiCh ~·• ao objec~d une1l
auch date •• the objection 11 WithCr•wn.
The Commission will notity eacl1Cont rac~~nq~Vornment
i~diAtely upOn reeeip~ of ouch obje~~ion and withdrawal
a.nd each Contractinq Covern~nc should ack."\ovlecSc;recl!ip~
ot &11 notification• of amen~nta, objectiona and wi~
drawats.
4. No objeetiona have been received to any other a:an~tl
adopted •~ ~ 34th Annual Meetinq <••~ out in Clreul•r
Ca.aun1cat>ons dated 6 Au9uat and 2 Sep:..C.r 19821 re!s:
~/VC/4529 and RG/Et/4555'. Theae therefore become bin~s
on &ll Cont r act.1n9Govetnment.a from 5 Nove.:tber l982.
5. The Secretary roquesta an acknowledgement o! thia Corom~n1cat1on,
a copy of which is alao be1n9 sene to all Cornmiaaionera .
Dr . R. Gambell
Secretary to ~e ComQiaalon
184 Annex l
~~ A:lba:ssad e!rJ'Q9.n 2)rese:: hi:~~e:=~:t;J.l ...!.:e.:l"ts
the se~:-et.L ot ytile-~'e:":I. o!'-lA!:."141la;c:rC.ss! on
(h!':-ei:la:tre!er:-ed ~ as :"¢ ) anc1has Ule honet:.r, '.m.de:
bstru ctio n.s trom the Gove:-nmen-: o! Japanto i.!ll'orm the
Secre"l:.ary that in accord.ance'W!'t.b.'the provisionof
pa_""2.gr 3aob Arti ol e V o! tile :nternatione.lConvent!on
for tae Regulation of Wnaling, 19L6, the Government of Japan
pr~!,.a· its t)bj,.r-;10-.:t.hii! !(!JllcwJII.Qt"'N!ct:~":h•
Sehedule t:> theabov@: -:>i:>ned Conve:n:io:""".. .!~ deddK
at t:he 34th AnnuaJ. ~:ee~l .!.the !WC.
The 1n.se::-tioo! """'sub - parog:-ap10(e) o! t!le Sc.'>ed\lle
whi ch re~ as !allo ws :
"10. (G) Not-..dUl.st zmd1'the other provisions o!
pa.-agrapb 19, catch limi~s for ~be k~,,~1g~o~ com-
1986 coastal ~ t!l•·9e5 /86 ;oelagieseaso:>s a::C
~e:-ea_ shael:b-~ ze=--. Th!s proVision ~-1 1e ke-p-:
unde:- revie w, ba3ed ~7on the bes~sci e~~i~ ic ad·Tice , and
by 1990 at the lat es t the Comias:!.owill undertake a
oomr pehen~iv es sessment of the e!~ect sf ~3 decision
on wbal e a"tOeks and eonside:- mod.i.!icationef 'ti:.i~
p~v!si~ er-4 ~ e es~Oll.shce ~!l! o-:he:-~a-;: !..cl!":s.
l:!:le A.:i!iaasado:-- G! Ja?e!~..he!' -±e bo~~ ~ !.:l.!'o~
-:he Sec:-eUL:'""J-:>!-:!le : ·!as .tbesa'bc!--vo~z:,:~,•t.~~ee·.!~::.
wb!eh ar~ &s follows :
185 Conve~~n i,oL~ that it provides for a blankem ~o~a~~~~
on al.: comoercie.lwhaling regardl ess o! the e~ndit:!.~: ns
•"Aiv!d ual ~· stocks.
(2) ~e subject a:.ecd::entdoes not take :.:l aco~::'t:,as
requ.!.red U&!!:e- thConven~io: h,.e i:lpor:a:r!"'le?leY~ by
~ ..r-..a1e producta.nc1 thwba.J.ill g i!lidusiny':.l)e Ja;ese:1
~edltionel d!et and 1r. ~e socio - ecoDomy o! certain local
communiti es in Jap&n.
(3) The subj ect amM>dmen-ccalls !o r a COC~Prehms rvvse
c~-~9':) ut ~e ~:l!e! o! -:he Ccve:-me;::.G~ Japan i.s~~'t
such a reV1e-" sl:lould&::lcould be ca...-rieout by the 19E5
:we irnuai !'.aeti:o.However, "the p:--es:e::rt sit:u&of --:he
IWCdoes no~ ~t op~imism ~t such a review would in
!act be ~~s~ed ae ~iou3ly lea ding to a fair and equitable
oonc:usion by th e 1985 !WC Annual Mee ~ing.
!n "~'of""the objection , til e Ambessad oo~ Japan has
!'u:-..he:- "~onou: "':sta::e Ul8::; ti:presc ~bj ec-";!.:!.s
c.ad.e !o:- "t.he pc;...-pose o! :-esthe'_righ~ 0:1"1:.l~a.-:o!
~~~Covr e-~ t c! Ja?&n to make an app:-op=i de~e!$ion a~
an a~ropra !te ~ime taldr..;1n-:oacco1mt all relevant !a~tr os.
On thi s occaaior- th~ Amtassador o! Japan would like to
:e!~era~ teat the Government ~: Japan earn•stly desi ~Ds
~::- tile !"'lconduet a :? mp:-eb.e!v!-~assess:oe .c1hi""'":be
co>c.!.=! "t.."lr- s 'toc!:-ec ra-:.!ana:.con~:.ua!.c:.
'lhe d&'2iled. -..'iee~ ":..Cove~ e:l"t~ Je.;e.nC:l~~
ma":ter e.r e-~ eQK herewith £S Append!.x.
~;1!\0 :.1.ov emb9:'1962
186 1. The ~bject~v e!s ~~eConven~io an se~ out in its
preambl! a~e~op.~vid eor the p~p~rcon se~~i Q~ a~C
t~e rational ut~1i:eti o!nwhale res ources .A~iel~ V,
pa_~g:-a 2ph£ the Conve :lt:ios-:-!-pul:ates thany
regu ati;~ (as sha:l be sueh as a_~ :l&ceGsa..-1:c~-~~· ou--:.
me ~'bec'ives end PlJ-~os otsthis Convention a..."'ldt.:1
?~O~de !or ~~~=ons~ eti on, developo~n an, O?~mum
u~ilizati on whale ~esau cres; (b) 3ha:l be based ~
scientific ~ind14g s:; sr~ll ~e ~~o consid~ra~ ~hne
.interestso~ tile con.su.mers whall!-p:-od~o .c'.:se 'w'r'-e' i
i.n4US'tey.
T'ne Gove:'"nment of Ja?e.n , for t!le .follo'Wing rea.! ons,
do es !lot cocs1der!.hat -the subjecaJ:!Endmen:!ul:--il.the
!Ondi'tions set for~ in A-~i~le V, ?a.~gra? h~~~e
Conven tion as 'Aelles its obje~ves.
(1) The Government of Ja~' a_e·.!eve s tb2the •..ma:e
~esou.-cs e~sould~e managed stock by s~ock on the ~~s!3
o! bes"t. availablesC:..entit!evidence 'l!lin; sue-!: ma:mer
as to enS'..u-e t?roper con serve. =;ion. Ti.ssthe --app~_-oe
-=..'!tas been !ollow!dals o byth~ ~IC.
As a matter o~ fact Ule er:ens:_veznd detE.i~ed
assesso.e o'~tbe st.atusof !!:cks ar! be4--g:c;.._-r!Oi,;.":
annua.lly a~ ~'l ec:.enti!icCom:ti't'tee .,;:-:"W. ~e
Scientific Commi'tt:ee ::.s entn.:wit:b~e t:asl:c~
re eommendi:lg ::ecessarreg-.!!2':-!1!')'mea~ur-a-:h!.~ ~v:e9
.l'tjec::!.v.! tl'l !.v9r.-;.:"Jc~h£ b&s!..~.. ia.;..:...a:o_f-
-:he_:~-skl!r.1e.: M:ee-ri:.g e.s C~d "pzo!'\"m !.e:lt::~.:1
--:ne:e::o!:!r!'!!i~t.:!, ~..."f :!2 :tumCe :.: ~=-:!-:s .
=~ ~·s~~s r9oo__e~d!~, ~s ~! ~tc~ss~~y a:!s~~.
Wit :z-u~ w~~yr·.~..:t.: :.'..~t:'~s~J:se.c~.:!::.:! -~I.L~
tc ~e below ~e J?~~ :ev~2s.
187 Th~ GovCIUtcn'to~ Ja~ ft~she to poi.n~ tn:tthe t ~t,.e
said Schedule amendment is L"l·can"t:rad1ctionto the v!.e·f:;S
the Scieoti=ic Committee . The Commi~ee did not reo~ccend
the mo:-atorium or cessation of eJl commercial w?-i-2.lb;.
lns~ea, it recommended catc~ limits !or a ~um~er of s~ock. s
'!'heRepc~ of -:he Committee !.ndi:.e.tet!lat not a sin g.le
scientist saw ~e scie~~ic !or biological need =or such
mora~orium or cessation .
A rlPJl~V~ ,r.A A nnn -wb.a:.J.n~ounr ty raised.~h! s po!.n~
at th~ p!etl2.--end s~ted tila .:e proposal. ! or blanket
morat orium is not .inconi'ormity with tr..prov-isit o~ns
A...<rticle V.
1'heobserver ::'rom tilFood and.Agricul:ture Organizatio:l
(FAO) of tbe United Nations was more elaborate in expressing
i-:s basic vie""Po:. o:O his issue in i':s open.i.ng statement
at tile Almue.l Meeting o£ the !WC this year . !t s,;eted ~t :
" . . . Givetbe C.i.iteri.:statu.s of the various. s-,cks
e:nd the fact t!latT.:..rtuallyall those species or stocks
that are seriously d&pleted are already recei~~g
complete pr:J:teeti.c, the::-e seemsto ·oe no sc!.ent!i!e
Jus t i!! : ati on !or a gl obaoo=a~orium . A jus~if1ca~o=
for a compl ete cessat i on o~ whaling can be put for~~re
on aes~~e ~ic or coral ~ounds, but these seem outsid~
t.."'letermsof re!~r'c !C of 'the C!lm!s.sion.11
(2) One ~~ the reasons give!l!or tile 1JI'aposalf:rr a b:anr:e~
mora~orium on ~o~~~ial ~ha:~ ~s insutficiency o =
kn., wled.gon til ~tai:US-~f 'ilf.1.E.:eS'toT'ne obse:-ver :!!'Om
tileFAO. i..~el seme ape!!.!r.sta:-;ece sx;~rsseC. the ~olJw.-o'g_"l
view ~n this ma1;-ter:
''A...llotb9:ri .f!ca"t :~ro n m.:r!"triU!:Il i s t.ne~la-:
enough is im~w: :hou.t t~ Cyr~ .:: o!s wte1e ?C?ua l:.~!:",.S
and -;:banu eatci"'!e.=o c:h:·f\FT'..sa,,..~..-a.6•.l1!'-c
k:lowl~S~ ~so·!:ro;=d: ~The cbJe::.~: tn ~ is ":he:t
188 -:he beso:;, inot the only way. -:ad.eret"'t!:ineS\!a
ta!:o.e.byteld o! a ~e st ock is ;:~e!t::l co:li":crec!
harves-:i.:l& . .r::~e doe-~~'Lt~.Sne -=-u.s ~on:tot
:&Y~ ~oee~~·~ e~~~U::y mo~~o~ed catches ~o~
s":oc kh:.cb appee.r to bein a bealtby ':ondi':-!on."
!n ~-theranc ef scien~i!i know1ed6e. the Sc~en~i~~~
:Ommittee had :-rgan.tzedva:io-~ ~-ter: :.!fo~ :-esearc b
'rog:"'&&ee.~udi::l ile acit!l't u.vey$ .by u..se o!
:--esea!"(:h vesson 'Ue ..,•.,ze 'Wa:resou:-ce in 'the
~~ct!c wi~ ~· parti~ipat! or nscientist fom Japan ,
~e U.S. , tbel1.K., South A.fr iceAu..stra.:.!.e. N.-,..Zeala."ld,
Peru, the U. S. S.!.3nd B:-a:ll.'!ll!._s :-esou!..s thO!lly
s'toek ~...J .e:nese pel.eg!"~ee-: .s pe~:. ~eC to u'till~&
ur.de:- "the -r entIWC :"egu.J.et!onsThe Government o! J~pe.:l
has CO!lt-ribute<annue)) y an amormt o:£ over - US$2.000 ,0o0
the impleme :Jta tiof 'this p:-og:-az:ce.
This prog:-amme h&~ sc =e : s~blls!l e<m.u::tbr.- o:!
l.Dd.iapensab : e knOVle<!c~ -:. .!sibu-:!on, papula'd.on
size, age ant!sex :o::pcsi-:ionj~ 'the Cli.:lke ·..me.lepopule:t:ion.
Upon exenn~1ng 'tbe :-esul~ bt,:4:nec! !ro--thi!s-ntdy ±e
Sciantii'ic Committee -:onc~UC~ a~!Ule 19e,o -'-•a: Xee-:.:::o.g
by 'm'"'"'"""ty -:.h.a.t pc~ a~o:J !: !.:1"e.=-o:.s'cor.~ d!;)'l
As c:o:-e know:.edJ-e a=C"II eOl!t":l!~;~,mo:=-t s!~e o! BiU: 't
~o:?Ula:l ::o.otb.!s s-:o:kfo..bgen reVised upward !rom 10C,Joe
e't 'the 1579 Annuelt-tee1; :o ''a'le~s~ 300 .'JOJet ':b~
1;)82 AnnuL. Heeo:~.
G:ve:-=.e -:=~ ;zpa::.sl"'.£.i~zS·r-e-~":h tile FAO &:ld !t
!"..t.:.:y &\:=tt~e :-espc!lS. !y.-o:s:i.:.c~i•s !:~- :::-~
- .... ...··-:-.~-~-: -.r·.~-~ _ ......• _ ~·.JJ -. ...-.....
.i-:-I'e ~.nIt..!a~.:eeS:T .~~ls:!.!::---!.=-•••~= -=:
ll~:l.! a~. .:=-g-.lL-t~ ~-ock3 !.-:J~:= ..s~~ ~o:le.b" cr-:=-
189 Y..l!'de!eg-a~!. ,!.n'he =~. howeve:-, clabed tba~ -:he
cen'tim:td ex;;le1-:-.at!.cshcu:.d 'De eompe:t~ e'bith 'the reeovary
o! the stock. The Govermtl!nt or Japan could not se.s L"'lY
consistency with 'the 'QOSi'tion o! those delesra'":io:l.S ...,..-1c!l
resou...."""•"!"t:::;.:bla:ge: popu.la:=.oo .~ si:e .:.! the
po~:~oo o! spe~ ~ts c: 30 ~eet a=d :a=ge= 1n ~e
ves"";:tt:d.ivis n!o~~'~ Nc:-.!1 ?a.eil!::w.!:::..s u-:ll!:.ed by
~· Ja~~ese coea~ wbal•rs is es~~t&~a~leas~ t~ be
200.000, •,,n:r•tl:.a'of a.dul't cinke wha..l ~ns.he .A.n1:L"""e=. r::
~oa .t 300,0CO.
(4.) Ja_pa!l's wfnz1i.,.g ba..sa hist:o:-c: trl!a:l;a. ±ou.sa:::d. yea:s,
8:ll! is c1e$ply Mo~e-; .: Ja;>cese t!.ie-: !:Ce~e:-~..rl.t\ r=..-L.
'C:'&C !.::J.e..l back.g:"'l.lFt.:;-..h.e:-:or'!y:.27s &:l ~:- •a.:::
:ocmu:::.!.':s•
._~ ri-.-::4:- -~·- ,_:: .,.-
190!ew ~elera~i~p nsL~~•~ do ~e de!!oit~eie:~ 'e!~e~s
C".J.r:"e..anasemmt ayste m :-esti.:l&in s;>:~!:-eco:lll:l!ou.ta,
da-::available.
3y l4Y o~ :-.sclvin& tu.s p.robltc, t:.."leCovermaen:~
Ja;sa:~s pr.cposK a nev p:-:ocadu...-. Lotan a-:--:a::i-'"?:oov•
this year as:rted'the":e~.ort. $ho\!l.d. bl con'ti .:tc:=-vi••
the =-.L-: 'nace:ct pr~eedur 11:14JapL"'l !S ?::;ared~
:::oope:-&t':0tilisend ~ e all Cou:l'::'!t:~nee~ ~.
191Annex 54: IWC Circular Communication RG/VJH/16129, “Withdrawal of Objection
to Schedule Paragraph 10(e) by Japan”, 1 July 1986 enclosing Note f▯rom
theAmbassador of Japan to the United Kingdom to the Secretary of the
International Whaling Commission, 1 July 1986
t..,. ,"' The Rtd House
Vr l G ' •Ht tt1 ,l~ Statton Road.Htston
International .<K..- .--. C.mbndgo C8 4 4NP
"''f..f~ ~Un~• r.J
Whaling ',, 1,bi""':!OO(12202,;:~1
Commission Ot ~Gt~ l
RG/VJH/Ioll9 I July 198&
"
"The Govemmeot ot Japan 1\3-given f'IOttcuoP vitt\dra\ol'al of itobjettion to
Paragraph 10(e) of t.he Schedule . Tht: d.atttl of the cotaiag intoeffect of t~&
wlthdrowal . and tho conditions attached, are 1hown in the f-oru.l letter ot
nolificn tion oopted overl~. af
Artitle V paragrAph l requlr-es that the Coa•tsston sball noc:tft each
Conc-r.ecttng Co""'m.-n" te!'llied.iat.l.lponr•edl)t of each wttbdnval of an
objec:t.io1 .and e.td\Cont.r.ct:ln,g CoverniH:flt thllacknowledgt rewipt of sud'!
notHieati()Cl$ .
A copy of this letter 11 &lao beit:g sent to voch Coc!mi,ssioner .
S«.n:t.ary to the Co:lnission
192 ~ ..!Sll'~l'I»)!Ja'N;
~VlN)JQI NI~>'b,l~r
The Ambassador ur J•pan pre~n ets his co~plJ•en toe
the Secratary of the Intornotlopaj Whaling Coaaioslon and
he• tho honour, uoder tn1truetiona fro• tho Covorn•ent or
1
.lepan , to infor,.the Secrelary, in 8cco·rdanc a with the
provJsiono of paragraph ' of Article V of the International
Conventlo~ for the Regolatlon of Whaling, 1946, of Ito
withdr~wal of the objection lodged Novtimber 4, 1?02, to
Dub-paragraph 10(e) of tho Schedu le to tho Convontion 1
which withdrawal shall to~e offoct on May 1, 1987 with
reapoct to the commercial pelagic whaling, on O:tobar 1.
1987 with respect to the oo•mcercisl coastal ~lnke and
Brydo e ~haling and on April 1, 1988 with raepect to the
co••ercial coastal ap,r• whollng, but sha ll lapae b/ lla
own toraa only if at any tJ • e berore A?ril 1, 1988, tha
United Sta tes Seerotary or Co~Meree receives a fJoal ,
unappealab le order from any UoitDd States court or
cornpBtBnt jurladlctlon requ ir incertification un~er
Unltod States logialotio n (tho Polly and Packwood-
Mognuaon Amend ~mnte) of Jdpnneae c~mGefci whlliog.
London , July 1st 1986
RECEIVED
-1 jUL1'816
I.W.C.
193Annex 55: IWC Circular Communication RG/VJH/25435, “Japanese Objection to
the Southern Ocean Sanctuary”, 15August 1994, enclosing Note from
the Embassy of Japan to the Secretary of the International Whaling
Commission, 12 August 1994
Cr•~ The Redt-louse.
0t" B·.c; .....ttrl4.!,rao..t Statlon Road. Histon,
ClmbridgeC844NP
\·0"-;- ..~- United Kingdom
o-\.Ot.-t.Bcir·a•~:.a..,.
I~Aupt 1§19.J
CIRCVI.ARCOI>IMUNICATIONTOCOMMISSIONERS
AND CONTRAcnNG GOVERNM~TS
Jaoaoesc OhiCt'n to the SnuthsCksiaSanctutn •
The Governme nt OfJap.an hapr~tnt it dbjeclioO 10 R.ewJUb•plriJ7(b, OftheScbtcJ 10t:c~te
lntcrubonaJConvention lor the RcpbtiODo( \Vb.a.liu&adopted at lbc .1mnol Meetillbeld ll
Mexico. A ropyol U1caoti(IC'atloeaMIe.plaraalionre:oeh-cd/romtn<:klted
Thu objc'a10a lodzcdin KQ)rdaace ,,,b Al1iV,parapapb 3 "'11kbStates.
~ ot '~ arnendmeau JhaJlbecome etfecw.e w1th resrca to the-Coot.ndm'
~unmt:nt nlnc1y""> 'oktwih¬ifiauon or the amendmentby!he Commi:ss:ionto
cacti otheConuudnc Otwernrrentscxn:ptthat(a} U anyOcwcrnment presentto rhe
Comm.i5$iooobJoctiODto any at.mendmentpriothe0~plral i(tnis nine.ty-period,
theamendment shall not nccomet(fecti'Ailft"_pc!toany of the 00\ 'ernmenLc;for an
Jddflionaolnetyda)':S(b) lbcrcupon-,any other COnwJtt:l-nt Guvemmenl mpresen1
ot>jeo·ion to amendment ot An)timepriortQthe expiratiorthe uddltional ntnel)'..da)
period, obefore thc:;~~p JftbjladnaJ(rom the d.alcreceiptof ahLastObjtet1Dn
receiveduring •uchIHkJidlo niety-day period. "bJebe~Jbsbellbe thebttr;and (c)
tbeJeafte:tbc. mcndment Shr.tll becomc:tfecuvcwalh respcc1 toau CootnCIIOJ
GO\>unmc:AUwldc:hhave not prCSCIIdbJectionbu~ba DlllbeCOmec.ll'ccthcv.fapect
many oo ..c.mmetu .,.blebbass.oobj«u.&uislucbdateaboob~to n,.,1tbdrawc.The
Commission .sball DOIIfycxb Corur.ai~nuneat lmmed~tc :po) rececptof etdt
objea.ioo Ul•1thdf"ho'a1aac:h Contractln& GO''Cfruneotac:lcllowtcd&reu:ofall
aodfxatlonof amendmeob. obJtctiotU.. aad withdra••ls.
The Qr<~r ~lommuniCitlon dlle<9June 199:(refRO/lAC004Z4) &n'tRInotlfiotlooftheSdl<tlul<
;~mendme aopts4 at Ibe .J6Annua Meeungenabllshcd7 Se1pc~mr 1994as lht expirato(n1he
nlnety·daperiod. Tttclhtaddhlontln1nel) pedidaaynna" 'hic1nyutherContracting 00\-ernment
m;.ypresentobjeclionto lhlsamendmenexpireon6 Jlc~mbe 191
COmmisisoners 11rercmlnde<Jihll tht Crln\'tntJon rtquirC$ead1ConOovernmen1 lO:ac.1c:nowtedgf
thisnotlncallon the obJection
Dr R.Gambell
Enc
194 EMB ...SSY OF' ..JM '"N
L.ONOON
~he t~b•••Y o! ;ap!n ~~·••~:• ltl :o:~!~~:• :e :~• St::e:ary
=! :ne :~:e:na:~~~~ •~51:~; Coz=!1110r. (here;~a!:t :e!a::e~ •o 11
the r .:J ar.d~·1tl :\!Ce!lee to 1!1 C!::::.:laRG JA~ Ot .t20: ec~:ern.!ni
amen~~e~t aO the scn~c~~• ~o ehe International Cc~ven:1on :or ·~•
Requlat•on of ~hal1n; 1045 Chereinaf~ r•erred :o •• the
Convention), hal :he honour, under tn•:ruetiona f:o:a -.:hCovern~e: :!
Japan , to in!or~ tne Seete-:ary ~hat, in accordance wi:h :he prO\'ii1Cns
e! par~graph l of Article v o! the conventlon , the Gover~en: of ;apac
?=•••nta 1tl ob)ection to the new aub-paraq:a?h 7 tb) of :he Sched~le,
which 11 :o be ad4td by :h~ sa1d •~tndments .o the ex:ea: :~: tnta
new 14b-paraqraph ' b) appl111 the proh1bition o! commercia! wr.al1n:
in the So~:hern ocea~ Sanctuary :o :he Antar<:~lC ~~nke whale ltOC~I.
~~e r.ew sub-paragraph 1 (b) reada aa folla~s:
.., (b) tn accordance w1:h Arttcle v Ill tel ot :he Cc~"•ntion,
eommerc:ial whalinq ...•.hetherby pelaq1c: o~ra:i.on ar f~)m land.
Jtationa, ta prohibited in a r•~ion 4•~1~nate ad th• 'outhern
Ocean Sanctuary. Thia Sanctuary comprises the water o! the
Southern Hemisphere aouthwarda ot the tollovinq line• 1tar:1nq
!ro• 40 deqreea s, 50 deqreea w, thenc~ due eaat to 20 de;~•••
IJ thence due ao~th to 55 degreea SJ thence due eaat to llO
d19reea E: thence due north to 40 degrees S: :hence d~• •••~ ·-
130 de9rt11 WJ :henct due aouth to 6G deqreea SJ :hence 4ue
eaat to ~0 de9rees W; :hence due nQrtb :o :he po~~: o!
btginn1n9. Thta prohibition appliea trreapective o! :he
~onaervatlos n~a=us of baleen and tooth•~ vhale stoe~• ln :~~s
sanctuary. as ~Y !rom :i=e to tl~• be de:e~~ned by th•
.:oan111l0n. However, thlS f)r'O!'libition aha.:be tt\'itve4 ~en
yeara after 1:1 ua.tial adoption and at s:.1cceedin9 ten year
intervale. and could be revietd at 1uch ~1=•• by the
Commiaaion. Nothi~9 in thla aub-para9raph 1a lntondod to
prejudice the 1pec1al le9ol and political ata:us of
Antarc:1c:a."
21•••
195 -:'!E~ba;$yo~ J.apatl has!\l::.~ :u:'hono·Jr :.o:.n!:t=m: he
~ecreea~yt~~t :he rtosona fo r th eabove-~en:lotlo eode::~o~~y ~~•
Gover nrnant of Japan are &I follo ws:
The preamble of th e Conventioo se:~ out tha t~ne ~bjec~ive at
th& co nvention are the proper conse.rvat.1on1nd ration al ut i llZation:l!
whale resourc~. s3nd par aqra ph 2 of Arti cle V of the Convention
stiputa~es : r.ac any amendments co che Schedule lol sholl be such as
4re nece!s ary to carry out che ob)e~~ives and pu:poaes ~f th~s
ConventlOn and to provid• tor che conservations, d&velopmen~ ,nd
opt~mum ut~lizat oin of the whal@ ~~ourcea, and Cb) sh all be baaed ~~
scientt!i~ !~nd~ngs.
r~ :Cis :eapec: , however, ~n adopt.1nq the aa1d a~ene~ent
conce rrnnq :~e est:abl iahmen -: o~e Sout.hern Ocean Sanc:".Ja..ry, th.i'.tC
~s re9arded ~he followin9 poin~ $:
11) The Scient~fc i Commi~tee of tho i WC (heretn4f~e~ rferr•d
to as ~~e Comm1t:ee•, at i~s 42nd meeting in 1990 ,confir~ed
thac ove= 760 , 000 Minke wha.les a re in t xistenc e l.n th'!!
Antarctic and reco9nized ~ha~ the~= eon41tiona a~e robus:.
12) rn 1992, th eCo~~lttee estimated :hat, 1e the Rev1sed
Manaqement P:ocedure, wn1ch was el aborated by ~~ Comm~~~ee
for ~e sustainable util~zac1on of whale reacurees, was
400lied, annual t&~e o! no l~ss than 2,000 An~~als ~oald be
ai& t~ab le w.1th no r~s k! deoletlon of the ~1n~~ ena es 1n
=ne An~arct ~ve r :he pe riod. of100 years.
43• This year the Comrn~ :ee na~ f4.1led :o address a number of
outs~andinq issues , on whicn the Sanctuary Working Group
reco mmended the Commi~~ee to make further studi~. s Those isau11
i ncludeinteract ions amon9 whal~ spec1e1 ill~h~ pro pose d
Sanc~uary ~nd the question whether :he establishm ent ~f :he
Sanctuary has advantage ov@r th~ appli cation of :he Revised
!I • • •
196 . ]
Msnager.en P~~ce~ur .arn~ Committee ~tso !a1ltd ~o ~d~r~s•:~•
question :a11ed by ~he Jap•~•se Delega~ion :hich p~opo$al wa•
sci entifically JUs~i!ib ale. ~he JapaAe3t propcsal ~~ ~xtm~t
~he ~anko wn•l e$ fro~ ~h• proh ibitionof co~mtreial whalinq in
~he prcpoaed Sanc~ua~. yor :he nineteano -~:nt~y Joint ~ro~o~ s~
~o prchtbt: co~er~~•l wh~l1ng o! ~ll the spe::ea in tt.a;
Sa.n:t~ary.
The !ore9o~n 19ows ~~a: tho am~ndemn~ t oapply the p~ohib ti10n
of co~ erci~l whalinq to the ~~n~e whales ~~the Antat:~ := ha~ no
JCLtr.~i;! b~st s , and thus~t does not co nf orG toeh~ OoJec~•ve •nd
prov15Lons of the Convention .
Furthermore , ~he tntroduc~io of such prohibition. wh1ch Lacks
scientific oasis and contradicts tbQ pr1neiple of the •uatoin5ble
u~iliz&tle nf wha le ~e•o~rces ,ay have advers~ ef!ec~1 co :be
~~nagemont of other mArine l1v:nq relourees.
The Embaaay of Japan avail• it,elf of thi' oppo~~ani~ to renev
:o :he Secr totaror :h e I\oiC thaa&uranc@s of 1ta hiqhest.
CO:"'Jldf: :-a':t on.
12~h Augucc 1994
197Annex 56 IWC Circular Communication RG/VJH/25479, “Objection by Japan to new
Schedule sub-paragraph 7(b)”, 12 September 1994 enclosing Letter fr▯om the
Counsellor,Agriculture, Forestry and Fisheries, Embassy of Japan, London,
to the Secretary of the International Whaling Commission, 7 September 1994
C~TMa" The Red Hou$8,
Dt ._ Bti~•~•Wf~l~tt't"' Sradon Roadtotl,s-~on
C~tbridgeC84 4NP
V•LC"* rn lllh United Kinodom
O• LOlli.!fhlt\11ISo.l•I'I• IIIQIII
11Septembtrl99.:
CIRC'l!LA.'t COMMl.iNI•::ATION TOCOMMISSlONERS
ANDCO~CTINv vOVERN~ '~
Oblcc1iobyJapan te n•rW§sbsdulg M!h·Mrllgraph 7Cb)
F'oUowfnJl.Ji:stnbutionor the notibycJapan of1U ohjtc1fon 10 nt\1.sub-pab 7(1'>)fthe
~hcdu lOrnalar Commwuc:ttton datedAl.lg J~I.,ref· RGIVJt-11'-5..0G"ovt:rnmc:lr thr
UK ~koltboS«rctarylor darific.oft bisob)ccuon.
The Sccrt"l)' b~ rtce:~ 1'edd-lfiea11reqQC:)ufrocJ:.p~ icth.titobjectio11appUc:so1('1
ti'KAnum.e miUe whale s1oetsaOil nan1 otbcr Jpcaaof bale «~100\hc:d...,1W.la•nthe'
fldalb<d>=
Copat5oftherci~1 corAc\pooden«a.reendowld..
Dr R.C.•mbcll
Sa::rct:uyrnthe CommWinn
198O?t • tUtC EM BASSY OF JAPAN
t01 ·tO •CCAO•L.LV
t.ONDON
W1YIIIf~
Qr R G.i:"'~t!!
St:r•~ar o ~h•
!n~!:rr.a ":.>i.~a..1_11.1:0~
Tl:lRtctHOUSE
S:..a:toIIIDIII!
H1t:on
C.a.Jtblid"t
a' ~~~·
That~ yoJ !o~y~4~ le::er ~a:t~ 2C ~ug~s: !99,.
r wr.: e toclar!!\' '!..ne objee:!Ddated !.2Auq-~J 199.;,ty :~•
Cove:n~~: o! Jayan :o new IY~·yar19r~p 7(b' o! ~heS~n•d-1t to :no
tn:erna:!.!)n&lCor•·e.z::lfor :~• Re<Julat1on f "l:atuHJ.
~natotn:atJ:;b - pa.raqraapp.U .t:o :hepaAntarct.l.v.:.ni'r.a!•e1-:.o:~t
and doea nc: ~:.spuo ':a-;:.!l:1\l.b•paraq:-_s"'"L!•FJ.!j';O ar.}' a:o:.c
et ctner spe:~e• o! baleen an~ too:hed •t.• lew1·~~~:~•~~eaer:be~
ar••·
11•...,.;.1·'7·
..I'':'a<• a
...r1•o=
Agr.=-! ~re,rc~~s:~y •nd f11~t:~el
... ---4~.-.
• •
-~~: I
; ' 2. .J
\.._-:-----
199Annex 57: Nishiwaki, Shigetoshi et al, Cruise Report of the Second Phase of
the Japanese Whale Research Program under Special Permit in the
Antarctic (JARPA II) in 2005/2006 – Feasibility Study, SC/58/O7
5CJ5Si07
Cruise Report of the Second Phase of the Japanese Whale Research
Program under Special Permit m the Antarctic (JARPA TI ) in
2005/2006 -Feasibility study-
Sllil'etosshiw,1aOaiul..e'lbby•mHajimt lshik•\Sciji O!•Ta~el Saumd''flif\lNtM•mbc*'.G~nta
1 11 1 1 1
Y:J$una'• T:usuy.-tlsKat<suNcmo: ~.Mnsa. k.1IIMU\somi TsunekawiKal'UtF~u1om~!•Masatdka.
Shio?akf-'.M:1.h"N'aao .imkhart\n.<tg:1'ohflkam .aS~:tKun\a_"i Tal.ahl10R•I:$t"Konc•mi11o,
HinlkN~"and WilkAKomal...u.\1
I' 11lrutftuteli,{C:R~·$~.a-15.f')mfdUC ftu,;TiM)'J()..(..111/](lfL
]~KJ,..~IIJ" K,.,n.rf~.J,Tny..mi-chu. Clm7ilo10-1-IIIJll .luptm.
J1D•lJ1liNIl {V?tt•rP11tllflFurtHt)Agrh·,,flG!JUm'·•·noi,l)J.( lt'llf3(11.1/fJ.Vntftllt
I) fk(tP,tof~''1& mtJtf.tb{l rirv Uni\tf.Agc.-w tuJll'/'illtiry Akdhtc«!.,i.OMMtt>·-C'i!J:
I/l,kJ.·,,ldrJ .lupi.m.j/jJ
5;fkJNU'ImemQ/hufq.~"'tr(ttf~ulttgr ;h~.ih)L"t'$~-f)1Ot/dd , Slr'"urdShlmr=u-rSJ,;:t:.~,o/u
JJI-flWJupwt
AUSTRACT
The n:scar.;tlpl3n tor tPha.&~ftheJapnn W~haeRt!Seat..-hf>roar.ull1&nekSfpecial Permit in the Anlarc•ic
(JARPru,WIIpn.-;sc(\tht 2005tnceorthe lmemalionalWllnJinsc ,;sqmiuk:ln'sSt-kntifit Commluet (IWCISC).
Thl~1\!h ptQgi'mvolvc,:s both non·lethal lllld lethal n-'l)tfftll two JARPA ll sutibe'S.
CQflduecOn 1t1cl tiand2006107;,~r ammer S~:.,awS<•1\snneda.r.,,.u.ibillty .Sthefollowing
Obj«liW$: I) UtCXIKepnt~lcab oiloiptp)ropriotei.~sg methoc:odo~ri hicnlllQ~;d~). $1n:.:L
.1} to cxttmine di'Cprt) anJ approprialetli.:$Soproct'lcon~tdcrin_sncl't' $~11'I~.cfOf
Antan::ticmi\~ha -:'"3j to t:.\.t\lp~LCttca of meihlysof hunting, hauling. nensini and biolo{lical
:sampling of larg\'ha.lort~e rsibi'Uureysatmalof 8SO+(}%A.nlatcticminkc whale$and 10 fin whales
wcr\'pla.nn¢d for sampling. ThcollM~ncayf the JARPAII \Wl$c.arricdoutOll.~nb'c05and ~I
~.an .2f6l(lOS doys) in Areas IIIF..p3rtof Art'V.nw tt~~ t::.liJngsta wnas,63'27-.milcs
(8.836.2n.mil"'oc.sovett'dby tbc two dedictucd Sigh7.53.V6mlSlove:r.-.~bthr« Sightingan,d
Samplirt.J;V<'(SSVs), rtH: foJiowingm~~m~--b}_tedIWCWttC"'11tdh\nt~i m-nl;., lue. On, S(i,
t\ulnpbad:, Wl.llh'lf.'lnndsocdhn'botdct w~ase, The Aruarctic mlnke l(lt»cv.hl~W"<:the
don•in.untsptCh•of32 1'JI$(1.959indi1i1du:ds) inthe primal) sightimin~\t~h~ay ~SV$.779
schoolt1,879 individ'\n-ta l~ od~1p UngA to.al of 853 in.d\\'ls.-"~vn.utof J7 S<:hoobrl4S
individuals) in «he primary sig\'bugbySSVs. II schools (112 indi\\tftal'@t-!0f0or sampling., ,\
\IIor 10aninuls vsamlp~.The maximumOOI.yl!'fOrlhl:'.s.t1npll!d lin Whii(fcmal61.521ons).
Phou~i c~perimw en~t$'t(.): on blw. humpb3-4ln-soh~mn~ht whales and a to(85 animat'm:!
phOiagrarflA1o1al of -16skin$1111)w1prcuiii;'CitdS\~ speck C~TD. XCl'Dand XBT casting$ \\'c:te
c-don~' led6, 12J and 12 IO\.t~pt.ocn.Ei'vdElectric l'artkl< ('andSil'int SysSUI"tc\'as
I."u('lcdf9-and 9cb·~by L'3i."re.<O~' jv \lof~VcondtK:H:<.Ilh.q:uo.ntisoutdS~UI'\(Ci?4
l'tain the whr~St. a:.1rdemainresu ofhi$fl-a. uieyiwer.:afo.Jio,vs:I} Atttar<tic minke and the
humpback \\hawt'fttK:domiruuu spob$Cn<:in.simil3r numbcl$ in thnr".~)!i\\hth te-~wklcl}
distribu1cd 111thesouthsua1;1tQ13~E.3)lat b31ec~haes intermi ingtS~ intr: lraughom the
wbolt n<Sc."C'..t"t£ditng)b)t'\.;i\le$of 11\"ut\. tlIOUow"i~~uiBWI.YobQincd: I) the-sighting
m1.1M td "~~ pmctiol and appropri31et'nlaheftg'$'~'a ~)~mpli nro«lurc5 Wt~propt c-Or
~o..ri1hU~'fi. ;mCt~~se.o'the Ant:uctin!w.hnlof S·Si· ~...3mcchodof hunti"IJ.hauling. flcns!Jl,S
and biolog1c.1oJsamlar-gic-.tlales:"'ascb1.'1.'1athe:adcq:t1lycm'1'htn •c.obeconc:lu.Jcd
tlr11tfil(c.asibllll) stmey of JARP.:-ondusatti1er)lwidthat lubj~X lidtsun•ey h3tl been
co\<c:ndc:qu11b:l)
KK\\\utUIS\K IAMI(~~~~LWII.\ LES fll'oi \\-li"US\\-W~M,Il"U~;l1t..ll \NAK\1, 1JVUIIH:..M/11
tUMI!'I;"M-"lllto11U-It'1Ff.I\UI1i
200IN"f'ftOOUC''I'ION
Tht:Jnp;u1cscWh:Rc~t. Progrnm under Special l)cr:mit in the Antar<:tic(JARPMbcl\\1e~n87 88tcd
and 200.J!O.Snu.:stro.~:.soer.mder-;\rlitle Vd~Ie11tem.11itJonH·n•.f«nthe Rcg,oi • of Whaling..
TitoeIWCSdetf~iCo•nmittet cond11t-tedo.n~wewiof JARPA ~:;u n 1s97. 1nJllii)005. a JARI•r\ w iew
m~'<! c'lcdbi\tS~ o\·ernn.nl' of \\aheld.
JARPA pi'Q\'iae"ide \·aricty of inronnbiol~i~ctnkl1e~ or Anlarttminkewhak $0CI1M thntl.tur.~l
mortaliL~ffic lrdchan~ mer 1jmein th~tt~~1naturi1y as wen31'i1n'o\\'the P')l';llttetero.!f rclc."WWnte
for~IO< makng~m~ LJARPA alc:oelucidatt.>dthat there w!>101inther~:ll :dtlbut their ¥C!Ogr;ttlhiC*I
boundarieW~l' dl'rc:•tlfront those used b) th(l~tncct·til.:!0-05). FUnhcr, JARPA fOtJndthat pollut:.ull
tOIKcntnutonn\\NI issscs.such as he::wy metals.:ltld PCBs, wl~ wYasunas.u"'·100$). l t\RPA ha"
U1usSue«ssfuUy obtaineddat.trelated to the initdbj~·'cs~.thn:vicw mL"\!looduc n Jn"ary 1005
:.g.r-...-eclthract.SulbW\'fCoonsistcnl ~bieehavior to be c.xpc'tt!:dwh,,k populali<:o.npr1i1g
fi.:dominant sin,lhodrC)()urcc.-kril:~:<t<alngg:r«d that ~-ultobtained po\ •ide dear support for the
rw:t10tttfS!)«it)·i nti.(tcoSmo)'SOCcbintoa-.:eoinund~r.«a .ed)nam_g.of the baleen whalespecies
in lht NltarCCOS~~ ardmpredieling f\lturt tmxfs lnt;diln(:(•llndpo~1AA1io0«\'C1111nt(Japan.
1005),
Basedon IMse COMiikrations:l.hCCtO\o"lbpatlau~. 1tiC\CQI'pIrltIi\·t:., the Sci.kik of the
JapanC":ChaleR~ard1 l'rogmm under Special Pe-rmitin ttl.eArnatt1ic (Jr\RPA II). COO'\bininl»ethal lind non•lethal
methods. s1anifromthe 20051'06ausummC'sfca."<Tlt firs.tsta.~ (\0051'06an2()107~lltd'-odiot()
rc-~i1bisuii(::.)
·n.ru!I·S(III.:JARPt\ II"i iiM.artfrom 1hc.2007108~aaslong_·tctSCarehprogram w1dld.c followins.
objectt$I) Mooiloc-tngofAntart1~s an. 2) Modeli~mpctid amnong\~ha Spec'~nddc\eloping.fulurc
mM~emL'- toltl'ljc:ntEvu~dalioo oh:1n~m ad !opatioClh~:gin ~toc sructore and 4) hnpro\'ing the
man:J.gcrncntprootfOJtht\n tMC1minJ.:ewhastockJ;-\RI't\ II \\ ill focus on Antarcticminke.humpbackand lin
wh:.les and pos.iiblymhcr .$p'edes i1tl:(O'$~I1!'3;trn'l:)j<)prred3l()f$of Ant::Lrnickrill. i\nnu31$Mlple
sizes for tl1U-sch.-se (arhalsmpling):t850 Iwith 1<¥!"of :t.IIc-n)tart-tic~halr\Eastern lndi:m
Oceanand Wc:stc:rnSotuh Pacitie Stod.s). SOhumpbad: \\halt.-s(0 $0lin wlut(1ndinOce.'\nand ti\1:
W~t·m South Pa-cificSlocks). During lhc feus:maximum annuai 5Mlplesi7;eof 850-Anwt1i~rnit~l.oc
'Yih:$wlll 3ilmpkdA m;1.xirunm ofHnwhalcswilbt:sampl-cdin e-ach.Humpback whal ~\lll\~ ~akc11
(luringtbe iCa$ibilit)"Sl\ld).<
Thtrcs~- a t.od'hOt11'AR~.PAII~reOO~ic hel me -asthe prc,·iw_)Jr\\it~~~ modifiC<JtiOn.lc
flfO!Uflm·oi\'C$both non·resc:.rch techniques .)\IChas sia)ning ~l'ti(ysitiCCn.ur.)'.sfprt)'
spt"cicsand the co11ectiooof ()Ce'!diaa.M'~hah :'lnlpl~;in oolecsioo of cen.ain irlfOnnacion.of \•it:LI
importa tn he:ovm~lstldy. rt-quirc-scxnmin"ion of inumal org:.n$ such M 0\':lrics. eoarpl'¢'t:111dston1achs:. A
comprthcnsi\tcic:will be conducf~log w -omplt1iooof the first 6 yea.-...t(~Ohovcmr ((naan.
~005.)
-ll!i'"is:1~crt. ~:osei-JARPA 11. This M"asonwas dcdicahxl to (casibilit) studies. The prncticahilit)' and
:lppropri31L-n»~igbtiltlO<I:sin tcnfar ~ma alld Ampt1ng proc.x'dun::fsor the ioctt"ascwerepk size
u:unincdMethod!'.lOrcatcl!ing. flensing :md lal..tt1~u:Mntn-tfl;a"OOdy.~ i: cdni<w~r 1lso
fe:!>1Cd.
Rl:Sth\RCII MtTI IOOS
Rts~art htSsds
1he wh;Jn:sc< unrtchscornposcd of two dcdiC'tlttdsighting \'.h1/uM>.~1K$1 anKaik~ M,ur
Nv.I:KK.I).1111's«i'ghts;~mpd lsscsJ'NSlriM1.1No.1:YS2.rusf1it1McYSI, :mKyo Mm ·11N1: KOI)
a~''~-'~;J. bt.\:lM:I•Wsshi~It" NM)", :
l'w" sishli,~~~~ (SVSJ\\ere ckdic.:ah:dtOsl)!.lnandmYO!I-o1f the cxpcn\\-toonduetl-dllh~
\'.:-.ssl.cs,Threr-Si£h:tinnC'SSel(sSSVs) vess\\~ergagt-din sighting ands:amplfngsunSM 'easM
an.-scmhbru:co'~it hll biological cxamin30.1ll o~tpld-\\.-condue.~ed
Rt!i~afa'~('b
JARJ,A b.'.gan 5Uf\ 'in Areas IV (70"'-130 E):mdV (130"E-170 W). 1:rornlhc ausea501995196.
al'!ercstc:tr<:hnre.'lwns..:>.U:pdcdto indiKI('lhArc-Il~(35'"·7<r'E)3nd the western :\re-VI
(170°·145)\\llc~od;~tt .ftetrutcminkcv·..)~\\ t~Srtrfcill.\i~tiedna«a~nnin 13,0~ in
kmgi_tu<f.t
Withf~td to the ,\ntarctic minkcitwas roundthat there \\Crt twodtu Stocksin the research area and
a$0t1boundolt)at 16!=E (mid1\rt:V)wasproposedfuman3@t>tntpurp()S{Pas.'I~~ul.2005a). ro the-WC$t
of 1hit b<>und;uyline, but esp« i411}hum~kn-awhalts Mv<'!bown a rapid in.:rtasc in r«clll )'c-ars.rutdhn.vc
:.urp:l):l.-«t<;icmin~wehal ~nbiomnss. Fin \\hales have aJSl5oho" n a rcith an abundance eslimatc
ofabou l 9,tulin ~A:t;.Vt.lll£. (').,the Olh« hand. there N.s lx--.:nsignificanl <kcn::ascinblubbn thict.:.ncssof tilt
2
201 minl.c:\\handifrc:"\'c:rsu~nldfag(' a' mahrritytoward)a~sI(Sando.,, a!., 2005; 1\onishi and Tam1ura.
2005: 7..tnitaniandlOO~olhich .l>Crlnd~~~ ~~:umpd imQngtne \\Nk spc-ck·sin the-area. Coolp:U1tt!i\•C
Studio: of :ttoaillbe u....~,rntdenh.p;.Ucmo(comp:~ mrin,m~ttsaecies.
The3.~103 co,etcd lt;.JJ\RPA~~ica llml!a's J,\RPA: llk t:ilS-ttmpart of \n-.• Ill. Art'll$IVand v. andlthe
v.cstem pan Area VI t35"E • 145..\V), In the fin.t year. JARPA II wncOc~:ISt•k of .J\otlln.·tic
minJ.:ewtlalcs lon~l ntudn of 140"'on the \\c-stcm sid.: of the rest-.Jrth arta (35"e .. 17.5"E•. Fig.I sltov.'5"
ge-ographic locaticrc~r.hnrhal(the"00S..20JARPAIISl.li'\'C)'S.
Su r\'«''}lind~s itn
·n.cminimum unit oftbc loogitudiml.,drgtttinprinc-iple.'11\c~:u>niwa.a~oe:ttedtol:!i:lm.'if:!Ond
t.h~t<toogitinal wtdth or each stl'1tlim. IIOWC\'Ctrh.e width or tb:tscon tht planed rl'$Cltlo:h
da)'swithin !he sltlttwn. \\etcOJU\Ietl'dfor S\'s and SS\'s..scparn>ade sighti•ISSaltcmatcl) in
lht:north-tUlih straw.. In the cast·esS<c:ossed \oachocher. Three SSVs oondoctOO~rnlpings.nd
~iultau $c1in th< intl!r"'n.mi. 1'h<o;.h;:nlll'llic flgiU"\'Sare shown in Fig. 2 ibr SVt>a-nd Fig. 3 for SSVs.
f¢5pIi:\'tly.
The <>une1t;~ l~i;>S).!t>cmatidcsiJWen the 10 4«.-longitWinal wrdth intl'1Yttilll princ1pk fn.ocntht'
~~rv'~\tar po1n.~he.sun tsa:minpo~ w3$ rartdom.sek<:t<:donklflgitudborder otbres<al\::h111.-<:L
Dl'1aar~shown under the headi•'i '1'he lonaitudin:tl inrorthe survey trnc ln thsubr~:Uh~ln::
area''on pa.and 5.
Si~rinmgtlhod
Sighting pro;;t:durl'Swe.-a$inthe~am6«sJARP1\ sclf\·cys {Nishiwaki "' lll. t!al. .1000).The
-MJin$.sun.:y usin.s\V~Olod"'-1\lncklimit.<:lng mcxk (\\hen a sigl'ltnig of Anmtclic.\\:lS..'whales
m•de on tpr«!l."d lcn.-iln~ttl"•\'I;'Rt"'ad:tht"\\ hales anics and K"hsizconfirmL'll.r~~
SSVs a.d\'ctatoni p3ratrctines 7n.mlaprat•ta .!>Za~do t'1.5 knOtS.ll \1.'sigtning SWM.'e) b)'SV
OOOllCitd Utlderlimitc<lcl0$ing:mode and passin8-I'I'M"1.niad\Onhe prcdct,'fltrdo·linthe.
\c.sdtd t'l()lappr03chdtt \\hat~nsearchins frthbarrdvosullinltmi'J)tN).
'l'tlc'>urVc'}was opmued unMr optinconditio(nhen the \\ind speed \\as below 2S knocs in theSMrthSlnlt:a
and 20 knots in the nortb suata and \'isibit\Hn.miks).tlddioUtih<~ghti lfAnta.l\:ticminl:.e am1
finwh;~,or s\al uspected to be tho"t spcdcs. approd abl~e (Bm~t.~. ·IuIplI'e)\l.:g<'!l kn '
w,•t~.'•l !l0hmi iH)(.t:u/~wdc(lstrolis),pigmy(Cll~f l'tUtoJ'f ci(8/Hwoli).sperm(PIIJ'S•Wf'
t'f'JCI!hpafi'lnd$00Lilcmbonl(I~(}(IM p/lln(l'roru) wtlatesfor..:l)nductitlg someexperiments.TheSSVs tlso
~pproad lWe$mC'wh~k 5p«iC4 as <:ip(t rin1enl.sin SV wl1itc tttc'yeng<'lgcdinthe sightingsurwy.
S;linpting tntthod
lltrt'C samplingtsightin\\etC:llgagedtn the $$l\'ey850Amarctlemint"ht~lfwi1J10~ ~llowancd
andten fin nhStte pilleto~tak n hcfe!)a:h areJ soo(61"S.
One Ortv.oAntardic minkewwas sampled randomly fromtacll prim.nrysi$htcd sc.hoo¢ •htrtt:~.rnitl':'
linl'hcdwarf fomini.whaleWl'ioucn targetsampl. ~~mptogof lin whaw~stc.saric.t-..d toan t'$tUnated
"'-.Y-n.ge.t.~t20m,~u.<S oflimiwtiono f~h·an;base ship (M.I) facility fordissec1ion.
l..ow• nd midtllt l.1:~ig.htni(g).su
Dutins tracnl~i $i,Qth~unJcsw~.c-rne~cdindk :11bct"ct:n"S ;md 60'S <'XofrAreouwith~ tmW~)
EEZs.Tttf\$ilofthl"_t C~'an1~lsbo\"'nin lhi".t'i."PPR
B~IOJl !e-tarth
Nan·fctktJ•nsart no1s:uisfilctol)' to ad\k"cssall objectives of Ihe plannOOin J,\i:~1'i"le,fot txamplt . 11£i!
nutrition condition ol'tfoodconsmnplion. he:~ swl31lo:.d can no1 be ob4a1lC~m.."nt n!ln·leth~tf
tncthods, As \HII as lhc fom\C'tJARI•willbt: ro.tdutla \!ClmJ>rle"h,IShler<"u.~lt\nal.1ac
oon·l<'tahl methods alloc:tttd pror'~SCaotbchd\c-. Most of ther.:ntthhUoSCir'tJARPA.~\en::
ts1abli.tht~gbGresc.aroh period of 18years in JARPA.
Ui~logierslarc:hon allsampled whltlesW«tt.'Onductcdon tflc-.Nl\1
l::lim~nts
Sit.hline,diStllnc«-11n"pf'rim~nt
1'hb~"-Xpt, waitOneuctlnordl'to~lllo telC'CUrnc)f'tJu:inJOrma1ionon sighting.distant:\'and J;iyluing :mglc
~j·,nbyobserveofl~lSV 11.1ldSSV$
Phuto--id"ll iie'pC'm~'lll
TJ\foll~ntw>ip~.\\Crl;tft(l1N for ph<Mor~O.f"\(4\•ftlw.·l.;b)' SV .and SS~ue .,tnpbad~md
202 RiopS)'.mn•pllng
I\addititthe Spe<";\ttClf1rthe pbi)IQ<idtiooC.'l:pri:rtl('riglll.fin, Sl't.spemlbot~l~em
'~1l "'relcS(cd(orbiopi) »~mpli bythefV.and SSV,usi .ot.onck.rossbow. AUooll(:(h.-dsample wcre
swescrvcdnJ-SOT.
Ocettnogr,.phkndacou.ssurv~y
$V$t()TW.h.tthfioiNigOC'~IUphSi U\'C).
I)C<w~c:u mCi"v~:worwane:~ou tmtp~:. re. cucti'it)'.surfa.:cch1oropI\Ofil:\.!su'rfe-na~'t
pu.rti~11MdJrllct b)Eltcuic Vant<:teCounting_MdSizingSystem{EVCS)
2) xc-ro;;0crosune·>
3)Marin.:debrisreoot4inr~:mh!eare3 b)' KnodKS2. Almarindebrifoondi1ldlt"stomac.h or ,\nlnn:lic
rnin wlnle$w~ ~d andWlltcttd on NM.
-1)Hydto-aoou$tic\UU$in'g~e!1tihc« hosounder(EK.SOOwitbope-rtuingfrequenciesat3200ll-~20kHz.
SIMRAO. N~'Y) 10elucidatedistributa~"(')d ofpn:~f)C( ;~enf" lmh:$. llydro-IICa•t)lh:survt'}'
w:uoonducu"d t;l)'KSZ)\U~'\Y1oondcut~"iJsightJngsue-throughoul thew~atdt aR"..a
In iiddiu10 thdcSUC')'tTK:ned abcwc. SVs dcplo)Afl,pt\lliling noats (profilin.gwhiehces).
<-I~Ie<hig.h qual~arnphj. ,:t.of uppeandmiddle la)·crs of the WOfldocom almost simultaneous.!)
wilh ver)' high $Jmi.: resolution. <WrcruitiCOOJ'Ktia~fth bp:i~bri ne;l.'r.d T«:hnoiOt.)'
C~nt JrMS11;(') (Sec ht!p•fiw3AAajpiARGO J ARGO£;luml),
During1h57"'S(:', tCQ(tIn"A'frti'S(d(IWCIS71Rcpl. P5S·S9,l.
I. Thele\·tl ordec3ils irl prb_pl~mp-liddsggns imu0kic-10:tdcqwuc:lyrevie·wthe J)rl'lfl'OS81.
2) As ootcd inpro~!, lrill pla~Xn•tlrle in We Anto.rtOO·s)m.tiO'~\c\tlc proposal appears to
n"Cognizethisbut cis nocommitment l)rsptocif~lau"orsuch wOJk.
3)Su~u.n oumiaCrsof Anltic minl:e whales appe-arr iiJtirtthe pack icc Md tisa potentially
irnpoi1h3bitat lhs~'(. J. 'l~I:ontains no p1am10su'iwithin1hepaek ice,
For~;t1iaad ~mpl igde)ig""Cc:onsidcterdis.;usslilntabl isbcd a ne\., design oinF~s.2line
and.3~ designs ew3).~ t':..d)mOC.»u.nrtn$:~'f'l'\!uCsg$ting o.ndsamplin,yof whale$"
\\'ith n.-sptttto bill SUI'\labund:u)tuf(e.~sin;M:ienti~·h oounder (EKSOO)vptam.·d. KS2
~ooduc tcstlf''\CYinthe"' hole n.-starcharta,
'l'llesun·c:yO(\vtl.:.kswithin the pac-kiec is V«). important, dang~.e\forth~:..c;hlllith :lniJ
NM . Wcon<!IIC~dsun•ey using the ShiiUSl('Icc-breaker \CS~so1)1elwilmake:.:f!Oruto cootinue
~u<SUI'\()$'\\ld1inpack iC\,"
Rt SLII,;rS
Ou1line qftre~e; uni'hic$
'f•bte~bow asoutlinoftl n'~~fl.X1ivitie$.~reh period in the . )6 JARPt\11 was 108-da)S fn.1m3
lA"Cc:mbc2t.005to 20 Mard1 2006. Tt~se;ihatdi(WRtJ) ctu:ountt1Orccnpt"I(GP) \-CSSICduring tk
re~a~ a;li\len1:1Occt'fl'ltk:2r0thSe3 Shq)hrt d (\'CS o~~ec r i1hCP (Iz.l«)c,ber 2005. OM:
WRU intc:rrupt1."tdtacci\'ifi'\25 Dccnnbc1 2005 II)2 Jant.l3ty2006 1(1~rutl 5iic g.emptcd
Ob$tn..:tionMd \•ioh:nlacti \ iticsofGP oc.:uru d from 2Jan~\1)006,2()()Stol9
,-~ lonaitudinnl inten•111berof tht sun NICklint$ inliUb·resf:.a~ah
1he tmck lines by the SVs:arw:tlh:~ohsnwfiui"::>d SThe lonaJtudinat f\l nnd numDlheunit of
-suf'\'e)track line innch sub Weftatfollo"-s!
I) 1·hc e:t'Sfofr\reV.
Th4~tth a~ in tht t\btcm of'~ Vis a range from (!O'S to 69 S a15"E.t16~"E·rt.~.:. hrc
w•.nin.gpoofSVs nnd SSVW«< provided on the 17S"E longit\ldinallin<'. l1lCwru;~tt.igaig.:t..ilru:
nortltttnd.south tard. O~ngiiUdnaitcr"al of each toothof the sun-c\ti1• ISraSSVs in both
nQrl.httnd southAnd2"'0'in oonh .ttm and I" 1south<>tnnfor SVsAlloc SUcr\t~lli ftc1c
~~ h trea is one tooch in the nonh -~tl.'i."'~uh tstratum tOrSSVi. SVs edtIW(Itffih in the
northtursn and f(lur ttcth southstnuwn. 'the paicclinwu cslimated ba.;ed olat~otl.:t~·«isc
infotTnatioofrom ~alti!ne OMSI' SS\·1/l d.1jV'lpiddea i..:onccotnudata~ avail:lblc f'1e'1th
NationaSno\\and kc0:~c -~.nt(crIDC, Ca\'alit!a!.191'>.9)IJowcvcr. the IKIWIIlitp~Ojc<:ted
n:-mark.'ll)b to the nonhth~d~'\Op.~.w-atmo~hm ressure ItlndOre. the noboondat')SOIt.hI
J
203 $lr1U.Im in tile rW'<nm~ahrfrotn 175rE 10 >\\o:th:cd-;)1th"S andSSV~onl) .sun Ctlw.sou1.h
:,t..-tum.
J)n.c\\'e$tparofAt~ v
Ther~:~h ~area inttl<:\\Cstempan of Area of(,(rAnd from16~Eto 130"E.The re:.tan:h.startirlgpC•iots
ofSV$ ad SSVs\\~ 1he 16'-TheWf'\'truck lint wa~gQgtin »>rthaOOsl 10WtSlWd. The•If\·ty t1<1clo
l.inc was oontinul-.d frum thatof the eastern p:ltt of i-\rinthe n\>nh stN~nd9 tt.:!t~ in
soulsttatum. Siitltwysi.ll'tinlhc nbnh wa 1'11lweh·e tlinthesout~turm. 11le r'-"seareh&C'Iiitvy
wasl)lnttirom9 1023[)ce(:m\)e!11!,." in.('~rn:cing,.Thcntif'CSC'Aatccltlivitk$ wert'inttn'upttd on
23-IA~c: hm~'ckintcr.-lCrencebyandSS.'llle ra:J.\If"in thisperiodwas from165"'E to 139"£.
Un~·l·l'y\enge ln tCS~ h:aeaiom 130°E to 139W:.~:eo,elter(i\J<h).l'he res-hstanin&poim of
S:Vs W SSVswc.Te ~Onll1c IJOC£.The sun c)ln~was:M-~gi n Or1hand .sou1h lo eastward. Til'C-Slime
design .srvytrack lwa~ oootlc".dfrom th3t ~~ITh.an.QfAml IV"'gain. d~oongitudina1intcrva.lof
OfltootJ1the$,\IDlrd(:k li'nSSVs nude3" ! O'h~nonh 3ltdS1t.h S:tnlsv~ad~teJ5° in ttk-n•onh
su·aturn 2'.'in lhe1h Slr3'tum O«a use or lunitrtS~: lt'ocdv.10 U.h:lrtJ b)C P~nd'SS.
SUre)effortofSSV\\ concentr.Jithe-soo lh standtMnonhstraueJnlh is:w:.sno1'"'f"C}'f:d.
3)The rostcm panr\r IV
The rangeof lllc eastern p:ut of Mea IViand fromIO~hto uo~El11csame designSUf\'•'·)linete._
was oon1imr«<from Wc".$1Cp111f Atca IV. lhc researdl :st.aritn&poiol of SV5 and SSV5 w<Jsoo t.ftclOWE
l1t1iial li·~.cr.te.kliM of ahcSSV!wzigzain oonh and $0uth 10 castw.eM<ofSVs. tht~:;SCitn:.h
Ollwas dlvkted fntoan:asal Ir .18'. The \ }was impkmcntcd zig2Znortand~ l bto \\c:st'wardin
western half Md to c.stwtlrd on carn1hislongitude.t!1\lilli~rilteMtl of one t00tJsu<')'
1mc'- line. the-SSJ$10' tn bothh al'dsouth$tral.a.thc SVsad<Otfe)d SSltumt:mdz->30i'n the
solllh stratum. Theti.'flhi'""'linof thiso.Wc. "omp~sedof four 3half~th j,the south a.'rn!lum
inSSVs and du« tedh in the nooh ~t'!iletth ;n thesouth stratum i:nSV(I licnilaIfrc~ll'th
period dtK to the-lwasb~GP nnd SS, S4lr.cy en011or-SSVs was concmtrat\"d lhc south s&rautm andtl'll·nm1t1
stnatum ln this :v..-awasn.n surveyed.
4)Thev..imtp;JorAn:. IV
Ther.•sof thw~t cmp.'lQf\n.IV~~ .Aith Qf60""Sand 70~E co I"E.Illl'('mrtst:J~g.ontof SVi>
~0 0SVs was on Ill<'70°E longi"'ntt~celi:ne wns sun7).8d i~&onlr and south to m twat«to\Cp
v.cstv.ard from ''escast IOfrv,i"ltl~lo!'gllal intcnorone tOChKof sur.•cy trnck line. tht SSVs Nd
~40i·n botnorttndsouth strata. tOOSVsas..f the 1\0rlh StratwJ:IO' isouthstrotun1.The survey
tr;tlin4 ah~tr-eatlr~SVs:wascompoSdof\tOand half to(:1h:or1~turn nd eight .andmtfun thesin
$1'U$~tum. SVtr.klli w~n :omposed of three l«tll in llxr:um 3tld ti\•e 3nd hollfU.'ut:hin th..::o.•<
Slr31Uin.dSlof9.SFbla~useof lilnin orresc..~ od doc to ttr:~n'at:sGl• 3.0dss$UI"\etl'ort
SSVswnsj,_"Qnct'nthesouth saro•vthenorthstr.'ltumin thisnrcawa\)Iod.UI'C
5)Thc Pl)•dz Bay(the-" "-stem pnnof Area IV)
l'hc.tnoit hc Pl)dz Bay is froo(6~S~"omWf. toIS'E.A tongue-shapc iceproj« 1!~dew tide
fr'om66'S67~sandfromS<Y'to 73'Th.~'lltce Ihe~ \; ~IbOt:kadNin thencigtlbOdtrn~a£nd 6i~.
Th"n""Scoaarrcc.-awas di\'ldedinto th at the 67 $. The rese3r(:l\-st.arandSSV$was on ll1e
s~E .or llw:loogftudinal inODe1004bof liW'\e) trac"-line"-'h)10-'- te2~30 br th<svs. 'llle
MIT'Itr..cklhM:on::sen ~.ro\ShomposedOO\and halfteeth ftrr lhcSSV$t~hfOrt~hSV$...
6) Thet:a$1empan of Mta Ill
'Thel't'.k~inchthe~..:mp..,r1\1'Ilh.,r:mgefromsooloffl~111frmo3~P~o 70) . '~reb stn tl.
poi111f SV-s3SSV ~prQ\ided Ont55~ETbC'surn·y track li11ewas SCt ti!(l3iI0U: t~v.'lrdFor
the-lon&)tudinteruOf(u'100tllofdl.t truck line. theSSVs had 1"40' inbotSU'1tTh~SVs h;:~'i
of1hc northstralvml'lnd2">30(')~-mu.sTmhSun·~)rackin~of the researrw:l~S.-omp ofsesdttd a
h3lftc iehhnonh stralUmand thn.>cMd a halfttcth in thesoutfl slt8tum for SSVs andffHhe:and n half ttc.-1h
northsanuum and threetc:1e w.rdr )lrutumlOrtheSVs.
Sf'~hir2dls.-urnt'('
'JM-searchingda«S of the SVs a1ld tht SSVs \\t'leshow-nin tab1he-riodwas I08s btu9dawet.:
not stJt\t)'cd becauseof ha.mssmc-tnofGI) aM SS. Tllecocalmrt:t! ingdisaanrc:was 16.37...!7 n.milcs-consisaof 8,8,36.2
n_miles intht twoSVs and 7,53-6.d~.ehtct SSVs.
5
204Whal~ .sr.p1sJ~tuOO
Founcm specie\H'tidetuilied durin~1\"h period.Tsblcsh~·.rsJ ~tate speeiesnumbc.~¥hl~isby SV
-nndSSVs. 11)('foflowi•. SpcdNo:f bakcn \\h;ierC'<'linrmAl~;'l rlnoeich1.l1....d . luunpha.:oklUld
soulhcmriglu whales.I\\toothed""hal''ercolnimcdspcnu Bt\1\S<>"thtmboulcnosr \\h."'tl"S.
J'henumber otheprimal) sigblings was: humpback \'!hales (1701 .;.choi"di\Jid20An~lfl.j.i1\kc
\\l!.tll.'$schoolo.nd4383 individ)1ndfi''halts (ISSschoob and 7·18indiv·nttSCr.::ow(Q76.-Nin
!hesig.htins eomposition with 36.6'' tor tilehumpba(theAnlarctic minkc-and .-.ooo f01the fin wtulcs in
s.:hool.:..11u· An:-inke and humpWc .wlt: t r~-t<fU.allydominantspecies..When considering biomass.it is
sugg.e5icd ~hahumpbacl..whodcstx<:eeds tl1atof whk:h\\C'O:te s.1meusAnlll' inkewhales.
Oh:cributiOn$ t"Onnnnf\\hflll.' $ptthe~f'Jh tlI"('
I) Amarctic minkt-\\hale.s
Oledis.ribtttion of .s.ig)lilr!S$or 1ho:Am:IICtkminL.e'~halninbli~usrand SSVs inliu~ 7. 'rhe
Anlar1.tnink"1ta lcs were widtly disthroughoutthrt$t.'larest~hedtnscyanddi~~it,. ((iitnln;s,
s~.~ tobedi.fTtreflllx'l\\ttn cast and dcgrn-of c:-oo.situde. In the .hilino,:hidrn~in.c:'l
\lSIf01mdonly n\W i~~"· nnddensitywas low in th<nstn1andorrshorein the SOttlhsua1a. In1ht'wcs.side
of th.: line. high density and collt(w~~a1obsC"•ncd frt"-1r SS"E to the Prydz 83y lllldaround 1hc
l)f')'gJlllli1nd inlhi: sout flh\m"I ~W, ,\ntOJn.1kmi\\hak:\\('low density in thenonh stratumbot
\'oe\\idely dlstributt.'.\1
1)HumpMC'l\:lfl:ilcs
the distributionof s.iglttihum~kf twhales by SVs isshoi"figur8aM SSV ~n fiaurc 9,ltum~~-11.
""Nies "<rc "idtl) distributed throughoutdte research areas. llte densits~hlli•~P~rilMIC)beor
diO'('fttV!crncast and west of~E.In the-<:astof tllis latitudin31line. h\WtceQI)CHratedneat
11kl>td~ enthe \\"(;5o1f lt~thEaulde.high tollOflttttd Meas"ere conformedin thesouth stnua of Area
IV~~c. h-p~:dJ ."byand ar<>vnddte Oryg;u,-.kwilel;~n13rcti: inke "ha~,~d .oeiNcn~'The'~ere
mcdiwndensil) irlthe lilr:and()IJccin th~ th~lr;tltl
3) Fi.nwhales
Tht<distribuorosighting$ of the tin \\·h:th.-sb)' SVs is $h0wn in liaure 10 aFi\Sr"l~ewsereure 11.
widdy distributed in the rt:sco.n:hartas throughoutlht'H.ig_hcontentrated nreM wrte confirmedin the:
southStmlof\~. IV. \\hi&h·Wt'In.rc id~ erydz Bay nndaroond the t:>.·)g:u-skyIsland. Si_gfujngsof fin\\ hales
in\n:~iIEnnd IV in 1hcnorth$l\\CRlow.
3~Blue.sciands.oochcmriwhal~'$
The diitrlbutionof sighlill.g$ofbfu<:.scrighwhales by SVs is shO\HIin fi8un:ssvf,in figure 1;\.
Sightings of blue \\\CRwidel) spread·in tfK_'.:-eh arc.'.!Soothrm cigtuwhales wl.'If:"ilU:idn the
limitedarc.ainthew uth strat\rcaIV, Sd Whnles weresightedrtQrstralum illtheeastem pa.nof AreaIV.
(~Mil'imlf.'\ umt11S('bOOIsizC'
••Ant~r maikcwh~lcs
Table showd ~entyiindi1.-es(01: numb.schl~fi:htt:d/1n.ml~ sc:atingdistan a~d:et<tn:oo:hli.l~
(MSS)or primarsi_ng~hoii\•ll:tN:Iic•ninl.<'w\'~~'elmd~lr3. 1FomthewhoJc~arch area tile"'ftS
1!.7.scho :nlthe MSS ~~ 2.3 indh·idu:tls for t.hc SV$SSV~'.)J"'lb 10.9 .schoolsand MSS wa-sl.-1
indi\•iduals.
In lh..,case.SVs.lht'isno dil'f~ ,nh'0t'tihnnscuth :td~dnonJSl~t o:te An:tl.>VW (18.1 on nonh
and IA on soutstrdland IIIt15.on nortand11,7on south strata). MSat~aneMiy~me (2.8 Ilknonh
01nd23 Ith ~001hstr.lllt In Area V\V and 1.3 in 1hc north ".0tllh suata in 1h.e Area IliE), There i! no
diffcr<:'in the-01 and .MSSwh~~th str.tlo(Mea IIIE (01 II.7a~ISS1. 1and thC'PryRa~(0 1 11_,
Md ~iSS1.9)Howew:r.lhn~\\lb a bJditYeroe r Dl lx1\\'Ccnnorth and soutin lhc Area IV. lllt.ose'''¢re
1.4in usl<m to 7,I in w¢Slcmnortslr.atunund 10.7 in eastern t\\CSkmin the $0U1ht m.11lMSS
.1l~llQw leimibrttn dcntThe$ '\~ 1Sin <:<blcm[o .l.S in v.ecstcmin !he oonh Slratumand 2A ineasternto-4.4
in\\ 'C$Ill the SQuib StraluMSSTr(lth.:.M)Uithlnd Slrnfil~~ M~. V\Vwas., ma~imurnthroughtht'
\\hOlr~~flliM.
~)Humpb3ct\\h:l!l:s
TableS$hO\\Dl Md t>I.SS ofprisijf'ltin~Qfh \\uml:ba'ckhand strtat, In lh:c\\('C$1('af\it otm~,
00 wa~17.8 sdwxlb aOOthe MSw~ 1.9in<Ji\idu11lsforthe SV(,, POtthe SSVs 0 1wa;and \I SS "as 1.9
indi\·idU. he \I SS th$.'lnIC\clthrough ttw!wf'lolcrC;"earch srea<.>
Inthecasorthe-SVs. l0 was remarlly highithsouthSlr31 Cf~ast t!dW('$11."mor,\re;t n~. south
6
205 :.tr.lhlA~f IVE(SO.O)w1s nmaximum through lite"\'oholcrescav.~tn"at~ an3bhdc:nsirompllr~-d
with other slraU,tThn~e3 diffttcnceoin the:01 within south and the oonh strataof Area VWCSICm1)311
(~'~Qn north Md 22,(1on "~ol,rl'llll)
3) Fin \\ha le$
Table 6 $hnws:ttt~SSof primarysighthlS$<"~1(n$) ''eS!>t'st.rutIn tilt'wh~reh area 01 was
2.7.s<:hoqha~ISS\'l3.1indi..-;dualsforthe SV:s. 1:-or the SSVs OJwasO.Sschooindi\'idut~l:s..
IntJtca.-.eo(the SVs. l1tthnonh wasremar~ lwbet)an in tl•t-southslratuAn·aVE (O.Sin lfle
northand 8.-ti:nthesoolh strata)and in the Area IV(I.! in the:nih$11'lft~tmnpart. 1.8in lhe
northand '-1.2inthe south str.u:ao(wcstcm pd~Pryd:t6o, The r.afti.e()(!he MSSwfiSfrom2..1to 4.8 and
there was r~nark aoouclioo b)'r~ch su-a~.a.
Samt)linurAnltl kln1(l~wbtl!land lin wl•.altll
I)Anlii.miir~\\hl\ld
Out of21 iehools (1959indi,,idu316)in the pig:iof Anlllminkc whales b) SSVs.l>Cilot1,879
iodi\·idu\H'rtarsclcd fors:unpA101alof8.S3 indh•\\ Csampled(2.(romArt'nVE, l-IS from.-\rca vw .-
74 from Area IVE.·199 from Arta IVWand IArtf:~E).S<lling cnidmcy (Liwo(slK.."t s.mphn_gl
forUttg.:illdividu:al")was 95.6valuhwas tht highest level1hcprevious JARPA .S.U•tI)''\S.Strudo;.and
k!:;;toe<:urredthrec~ses.
2)~·i"nales
Oulof 37 S<:hool(s24S in(!j,,i.dll<li)Sin lhc primal)'sigSSV~gII schools and irtdi.. -id~lt~
Sthools :;.nd90 indi,•idual:sin lhesoA~asIVW. 5 schoolsand 22 indivi\iualsin the S4t'•t~rolumof
IVE) wer•ru-s tt#mpli-..<\ tOof 10 indh•i>s ere s.amplt'd(6 from Area I.from Area IVF.·S).
Samplint:ef!iciw3$90.16%,Nosumi: ;nIO~oltumd.
Biologjrrt!lanh
Riolo;icre$Ch ~ras.:Otld\o'nth~::Sc:b<~lshihforaUwhales.srunp. able 6summatilcs biologtcal daJtl
andsamplt!icollectt:d frorntheminkt~.a•es.Table 7summarizesbiologit.<tldutaand sampks otlkecu:dfrom
tin \\hales.
Pt'tliiUllf')'#IO.Ibioktgk id orm~ti-lor
I) Antarcticmiwlutle:s
1~bd sliO\\s 1hertproe:uaK..f,tmples by s11in Anuue minc "ha ltS. M~femals\\tidOOli innan~
Pl")dfl.3wl~ mature males \\'(('('dOminanl iat~rscrata. In lbt SCtUthslntum of ;\rea IVE. tl(llh
immmu~ males anfetn:aseredom1rmnt.Pn-gnartcyrotein m:uun•femaleswas91.8%(22 7individu:&l$i)n1he \\>tl(l)e_
res,hear\.\$a1Yo'Ol 'were~n ·e.
Table 1sho' ~"anbody lcl'lgthof AntMcti<:minJ,;e\\hales ooll1um.Maximumlcng1hoflhc satnplt
was 9.58m fo-rrnalcs a1m f()f'fcl'nlinirnmn lt\\ 4.8Smand4.73•nrc.sp\ ).'~tiH·
2) Fin whales
itt< biolog.i¢alJuta of the '-'IOI«tcd fin\Tab~9. The !IU.'(ibody~ng. Wtl20.22 m with bo)(fy
wciglora61.521for a ftrnalt. nte mtnimunab1fth~mau.;refemalewas IQ.:I7mwciv~hf5 1.t.
(,; ptrinu :nb
I)Sightindista ~nd~ng.elperimen1
A .sighting diMCnd ill~'\:p<! waimr::nn;:don 30 Occcmbcr2005 by SSVs..aJanuruy200~y tht
KS2a1~d6 Janua1006by KK111l ~::h$oflhis c;o.;ptuill beusc.-dincalcula!iOf).«:."S~ima!es.
2)The~$\IIIS'Ofphoto-10
Table 1surn~ru ~efSUlIa'fi p""to--ID. l'ht phocu-.IDe;<:onduna~itilteedttre res<~:reuAt
IOl81af 8S t:Uindhidua~c- 1tOI!S3Phtd(13blue.)4humpbackand 33 south.:v.1W~l.Ie:s)
3)The resullsof b'oJ>S5)':tl\1)1i"l
Table II summatilCr~ultofb iors>•sampling.A IOta! of 46 skin biopsy .sampleswtbiUc~:ak-std l'rom
(ncS). fin whales {n=9). ie(n• l), h\imp\\ha l~I)). $001hl..-mright wh.llc:s(n o(sl)(:nnttass
whale(~l)can:assof soutboul~n\ oshc(Pl)and1\'IOJ&:·Ii.-td"hale {n 1).
4) The attachment of the satellitetags
1
206 YSI tried to ous=U~·ttgsto two indi\idu:dsor one Sl.':hooolf Antarcti()1-tFebn.a.,. 2006. The
body lengthswere winlilttd 318,2 matld 1~smhit bot one was.omiutd f'od}~.::b aftruble \\ ith
thedi~hot.r'OleocheWll.au.adk"<lt~ body in tile position behind the Ho\'". C\'"~rmsmission
a.ntcnW;!Ji$ntffc ardid 1'~\~iJt.
:Sn)lCk:ca.nogrnphia300U!i$UI'Vt'Y~
T'ahlt 1shO\ hc~~umnwy of occanoa,ro.phkSC()I.h$llr\<¢')$. C'l D. XC"l'Oand XB''l castings which were
\'OnduclcdatM. lMd 2:! locatiOns.n.,_'1EI~S .f>Ut\1."oondlk'lfO,<Ud.a)'Sb) KS21t.Dd3)'by
YSl m tOb\"-S""'Onducthequant<~t :whosolln<StJf\whf<:r.~nlg)f:94d~y $nthwhul~~ar<: htC'.tl
ftThemari'':tbrh
l'hemal'inedebriss."'3Sc,anout conoomitanlw!hesightingsur,.('yof the31re<;.carea!LA tOorl
filltcl'l /thirb$t~~II()).~:>or fh.hint1-11dOClun-.poSlrolWdC \.'firmeE.ig)shecif~atf~l$lTS
alitsi.a~a lrml!111s:.-t.'ohnl\.'flt"'!n: n eightof the oollccted Antar'~haJes.t
ProdU<'U
.\II the wharo&k~c wdttproc('Sscdon NMafter biological sw11«)mpi\'1C:da..ccorth.pro·i~ioof s
..\.rt: IoftheC'oo .vtondti3o41.4Ions(268,9tons oa.nJ.71.1M )of Anta"'mink '~~haolfllA.)
bhll> v~.eru.etcw~Lpoduced.
OISCliSSION
n1is paper de:srs~eartcchthoadd~repoom~1UIrrom thlitf-~sibilsllntof the JARP.<\IIobj«ti\~$
ol'thtnsibiliSllf'"e~'thefoUow ~Inte~ami ~nIc)I'IIC adka~lrpri.tim )sigtuinmethods
t'oasidering.tl)e l-st'archaf1)toexame the~il.!nb ldlaitrpri\Ut!lc:Sosff:implingproce-dure
cons~d hericneg.dsnmplt'siforAntarttnJn \\altand3)10cx.asrtthp~::t(l ~i'<m:lhbdsorhunting.
tt.Juling.Ocnsing11ndbioloVt'aoi~Jaf}lde -sak.aF·l'the feao;ibilit')suncys a t¢t:.lof8$0 ..-·/I0°,.J.\ntu.rctit
minkt"lul ld 10riwh;) l~m:plannedforsampling. ant~C1swasmdj,lthifitsreal>ib$Uf\'ey,
I1Antarctmin) an~humpbaoc\\h.aJcswerethedominant"Siebss:ci"Vtdin $imit:lr-numbc:ni;,n.o;a.\"ilfW
Both.sp«lt$ "'C«chicont~nt n.uesdulh strata. Howsortscgre~O \luibon.. bnh~i~dl.'!llyriflU
one~pet ii($ot toinc,v;ttbe high densit)'of lht·other SI:t.its~tl. Am:HI.'c irt\\hatn':l;)
domil i'l1~nCSttn' pofArea IV\\' while1hehumpbact:.\\hak was dominant in theeasternpan or Att:a IVE. In
ttrtns of l)k)m:asss~csrc bdoutJ)et!umpbac"whale is the dominant speciesin therese:af\.ilarea.
2:Finwhale$were\\ idelydis:ttibuW~•hi$11'31f4$():tOIJYE . Ith~a.llW'IISs~estCtat tin whales
do noldislriOOJarnn,abcr in lht south swt:t comf)'Ara!;t\mink.:Q:hum~ "'tl3IC$. l•lo,t"'C'f
-was obscrH.-dduting this surveythat lin wbaks distribute'lrc$entin&l,(lrgerne:tn:sttlo<l>si:t:«(MSS)
t:001p1:redwith llutlof.oehcrb.'lll"<\:\nhttlcsthebioma1of.l~" 'hitit(sin,,lu tn !h:uof Aotl.\retie
minkc:"ha le:,.
3)1.-srbaleen whales:intt"nll th...dor.ihrough whole n:scardt area.
DIU<'hales\\'('(('~rvtd) in theentire u."ara.. SOuthri&hl\\hales wcn-c<lf'ICcthe-.sou1.shtrata
of Aren IV. Sighting.s.hptciM \\ere few oomp.'lrcd\\ith thoit¢(If Antan:tk-mlnkc. humpl. "i and fin whaJ('$
I-IO\\t'\'cirnc:rcaisog insigtltingcomposition of lafit-ba1ccs.~uildinc"f·.sptcid rdationships
\)(1\h.JI~
ll 11lCpra<:tieftbilil)<'111Odpp~ighi.tl'nochinthe Cldlldl~:lc:
11
fh~~;ro WUe.pJIU'ttoC'OVa~n@jMfi panll' l40 from JS Eto 1lhr~til. 0''c-mbe1'1Ci'la~h
h waspl:)~tttnced'5e<d'f011 would bt ais:tributedm1i1nl) in Area IV. inthe Ilf balta'!1\h:Jit$.S(Io
J'hcflly utto,unt)'ed aret.l~efom JS''E to 55 1:us~Eto 139l'E.due,,... 3distutl» Dat~p~ih.·
the!di~1urOO .sci.swll$li<HkJucin:..1Sht pt1kfrom carl)' Januar)' to catl) Mm~in rt$1.':M'I!h
llrea fro.n 35?13~E.whkh iil\;ludA~ IV. l'hpr~lkabd ant Wf'OpriattnC!if &plannt's{a_htitijt
method\\Cn!(:ooiTm~
207 :uSamplingpi'OO\-dgs m th('inCTt'<"dplesizeand additiOfttls,x-cies.
A towl1>f779 l!oCho(1h,379) indivofuAnt:tiici mink'"wha\H:rtarts~efd sampling. totauf 853
indi,id \l: !~Ipkd from.I...~r to 20 .March.Samplingdlkiency ''as 95.6,'0. A tolls til ll $ChOiO
indi\dunloflM 11'1hat~V.nt' l;trg~r~p inig. toUof 10 i.ndivi"ere$3mpli.'dfroF'tbrualO)t.l
March. Stun;plc:Oi:~<:i\S:90.16._ Tl~:.tltllts $11lhat sampling procew1.'nappropriaie for t.llC'
incrcastd s:'lmpksir.cof Arnarcticminl:t wh!ll n11~i.rc:s<tiio
Jl Mcthodforc:uc hing. flandtakii'ISbioiO;tleai'.lrs:fbrgt body·Sittd linwhales
Although it too&.more tin-.c10catclt. transpoddil!>Ote~fn"hih1:thanis'heC.";f«(thAntarctic
minkewhales. the processc:uchitob~~ i cl.imp'ilc.finwtwt~w;~~~"tcSl .y.mldl•ctl'h~-n lcfoJc
method ofhun tihaulillg. flensing and biological slaf'.ittd'~r!nwl"..h.- ..a-do:onlirmcas
adt:quatcror,.,hnkl>o( bodo-a1least 20.12m .
1'hel'(fi~t<~btCOI)OJlldth;u llirsI'Casibilt)i' suntey of JARPAII wassaitft.oyrllldth;n the
obj~~•~iof tfc~lbi SUI"i''~e~reeread«JutLtcl) .
ACKl~OWLf.OEI GN~TS
We~( n(tbtcdiOr.HiroshiH:uana,$Jj~r~ge~l ofr<aICRar\dMr. llideki M(llr(Govcmmmt ofJ:JilanfM
implementatilltfh~:c."irc.hWethank w-::n.rchtec~~es~3lrSshiroMurui. ChinAsahinaA.ki C~ji and
Fukuo ~ ama,Kyodo Scnp3ku Kaisya lfortheir contribuMr.Ta"as:TitJ:..tromtheGo\emmentol'Japan,
S(.'f'Vonboardins~1. o\'al\"alsind-~c10eniltere\\CQII~l. kft$e ICRond other rduu:d inslltu1ioos who
p.11'X'tt.-idn~rch fewtheir rontributkm.s.Wewouldep;~Souropp-oolatiOn1()the (i(),·trnn)(orlof"Japan
providing tin..ndat.s(rthirc~rch.
RU..f.R•:NCI-::S
A:a~ nd._.Zcnitani,R.•Fujise_."'',and Kmo.lt 200li'lramco( Antarcminkt \\'halebased on materials
oollcctby IlKJARPA "SUI'\in1987(8tO2003/04. PapJtVJOlJRS~nt«< to the JARP R~vic weeting,
Jlllll.l'05.J7pp.
Ca\•alicri. D.• P. GklcJZwall)'. 1999. upr~a-u. lXt'rra'·tirnt OMSSi\1daily pOlargrid.\C.ce
c.-onctntrat. ditedb)'J. Mtti!anStrod~.\oolder, CO: N':tSn.;a~dIce 03ut Center. l m«<ia.
Gc.w~>t onJmea.t005. Plar«tJw: .'..Cond1,haseJapanesWhaleR~reh Prog,rnmunderSpc-cinlPerrni1in
t.hAn~~•ie(JA RPJII) ·Mitoiing of theAntnn:tic Ecos)'stcmand l>c\'ckManag~mf Ncotc-thefC)r
Wha le Rt soo r« 'SCJ-5110~ nJO OOtheIWC Sckntif( 'ommiueJun 2005(unpWiishcd).99pp.
l!iliibwa., H. Mutaie, H., Tohyanta, 0., VS.M.ogoc,1·.. Mas1'.Kimura. N..Ohshima..T.. Konagai. f ..
As:tda, M., Takeuchi,. L a.!d Kino$)1. ui$C Rcl)(lnoJa~n<W os~elRncarc h l>rogtumuOSpecial
Pcanit in U1cAntarctic VARPA)IV and F.MlemPurl of Al in 1999;20()(),Paper $(pre~ntt o<te
IWCScic.-nte(lftlmltttt, JuJ(wlpubli$bcd). 25pp.
KOfu.slu,K.. aTamura.T. 2005. Yc.nt~nd ofblubbC'thida~ i" the Antarctic minke "'b"'k BaluemJpt•tra
/wt~(~$ nitiU-il$Itu~V. PaJXJ,VJ05/JR9prtscotcd 10tb('MRPA Rc,•icw meJa:nuruy109pp.
Nlhs.wt.~$..:h·a,n.D., 'l"trut. S.. Oando. T.. WoKll'ojimn.Takeda,S., Murasc,Ot(.l~.OKubo.
Jisut i~S.. TahtSu ki. M.ti<.o~it·r.a9<. Cruise RtporltheJap:mcsc Whalt Rcscarch Program under
$pi!3Permit il\Anlar.:t(JARP,\\~ V andW~l<m l>t,of'Area VIin J99S11999. PapctSC/511020 pccsented
10the IWC Scicnlific Comm':y~199(unpublishe'Zpp,
rtast ~...•Goto M.. KandN.. llfl-lkk>T... Ztnitl•lak;..lT,. OtanS.nnd Fujisc:.Y. 2005a. A new
interpretation of tht s•ock idl."nitt) in tht"'~~~(flr~QmJJrIItm<ICf"CIMbased on •nalySofS
geneticsandnon·gmc.s ali:t'f'SP.aperJAIprl~lcJ 1tht JARr'ARe,•i~tinsJ.:mW~ 20'SJ Ipp.
Yosun~ 0..Fuij.Y.•Zcnitani.R.. Uonda. K.*nd K'2005Y1:11rl:l'!doftn\Ceclemtnl :)(;CUilhllalnioin livcr-nr
Antarctic mink(:"whBa/c'ltltvplxmt.lf!I'WUlf JNJO$fJRI3 P"SCd i1l h(· JARI>R.~\• i.1.tlg.\
January 2005. 27pp.
ZenicanR~t~n Kdnto. H•• !005. Lt1."trend of age at sexual maturit) of A.ntatc1ic minke \\llotk'$b) ..;oum•ll&
triln pii$.l~onllgspPapiJtVJOJJR7 presentedto thc.JRcie-•mctino;:. bnt20051"2pp.
208Tablc-1. Ourline ofrhe rcst11rch aclh •itics
0
5\'fCir' ~lp-·k•l:.lc:m t~\fVIii.!17~1(11(£
~~(~anl~3\l' •tllf:.a«mpc.t.OfAmlt()(lIWEo
Sil;flif!,M. tl: ..lmpI'II)(Ait:aIV li111I)OC$f 0
1111:'\\bltrnr. f111nIXW:t1l.»f
1
s~ w ~1Vi IIf'w>.-\\blsm <~~..«"'m:IIJUtJMlsr
:;"' ""~··~ ltlllll:'\\'altv ooGNtlrlJOE
•\ml.e~".K*) 111~a ftd'tl.ll:J~Q~n
Am\cont"• n l)ap¥'1 0
10
209 Tub lc2. Searchin d i.s-tant(n.rnil<-or two sight ing vessel (SVs) and thre('s igllling I samf)ling
vt-sstls (SSVs) in cat h stratum .
sv~ ssv.s
$1t3tll'tl 1''-1"ld.: .,..,. (;nmd tftUtl
'""' Nooii"NlYih Closinlt 7SI S.... t1lnC~irs l'a~" Sub cotal
Eos1 N()a)t-&luh I~ 0.0 0.0 0.0 ....
v SOJ 103..:1 I!UJI 80J.8 0.0 llOJ.l< ----m:z.7-
202.5 411,3 61J..8 801<.9 OJ) .....
""'' -.&-.llh 15&.5 <%.2 6.,1.1 1195.6 M 119M 18-fS.l_
Su!Hotlll .01 .1 1086.2 1~17. UIOAS 0.0 21108.' .025.6
Nl1!1h -«>27. 9*76 14.~.3 M 00 0.0 1~:4J
~-.b(frw ·t.'it2 0.0 1:U.6 1~.6 ao ao 0.0 I.!-L6
Souob 189.6 ()7$.9 1701.2 00 1107.2 1!72..7
r"" ~h (Sp.I•\KS:'ll.''o IOJJ "liOJ 0.0 011
Stdh (lu;oo.J.,_KKI0.0 407.1 -107.1 0.0 CUI 0.0 80.3
0.0 --mu&01-1
JV w .,. Noxt(TI'M:i't+KS2)97.> 1127.8 IUSJ 706.9 0.0 106.9
0.0 1-H.l lf.J 0.0 o.o O.ll I.OJ
SoW> 227.8 637.3 86M fill&' 00 t.a7.a..ct
9S.I 235.9 JSU 612.1 0.0 672.2 ---.ow -
l~dl~. 1'r. l·n~>a. n.o Sl.S M$ 0.0 M O.ll 53.5
s,xwl-KS2 110 31.9 Jl .9 0.0 0.0 OJl 31.9
~ I llo HI.S 4JI.~ 0.0 0.0 0.0 ~ -
Sulr tolal ll '?U -'697.1 S%9.3 .16'9-8 0.0 ...... .8 - .4
I<I.S 524.5 61<.1 322.6 0.0 321.4 996.3
Ill Fn-a Swolo 238.7 .Jj6J 675..0 661.0 710.8
"'" I.JSS..S_
Sub-IOUII .18.• ...... 1'}49.2 936.~ <6.8 IOJJA lJ8l.6
Grand wtal mu 67.W.I <ISJ6J 7~ .7 <6.8 1~.S 1~1Zi-!
Tab le 3. Summa ry ofwha lesigh rings conduCCcd b)SV and SSVs in whole researt'h areas.
\~'$ Su:¥t~: n.1.~. "JSSt:ls T01al
'1\ """" ,.. R-innv S«oodlv 1-n.rrr.• &"""'lv
So.xics01> Sdo. IBi Sdo. lncl Sdo. lncl Sdo. lncl Sdo. Ind. Sdo. IJid.
.AI1:n1fl'Rc" lub 8) 2,424 IJC ~70 821 1.959 2( 64 1.58 4.383 19() SJ4
LJ:cni!~f't.lli:s. 85 IJS 8 14 12 13 ( 0 rn 151 8 1
Bilv.halcs u 29 2 J 6 9 5 7 24 38 7 0
<I()
111"1:1*$ 151 503 12 37 245 24 148 188 748 188
Sciv.tr)k:s 2 3 0 0 0 0 ( 0 2 3 ~ 0
~\\ftab 1.085 2.024 99 161 617 1,176 47 93 1.702 3,200 1~ 254
33 44 4 4
- rigl"toab 21 29 4 5 53 73 8 9
~\ \felb :!2(; 456 25 71 s 8 II 72 234 461 36 1·3
Spcnm'kllcs IJS 1.39 12 12 43 6 lSI 182 18 8
Sotrtt'nnll't'\\mk<; 71 ISO 3 ~ 17 ~~ ( : 88 179 3 6
II
210Tab le.aDcn si1y" indict.'S(Dl. numbe -r of schools Jl('r100n.milcs) und menu schools ize (MSS) of
AnH1rctk minke whale prim :try sightin gs hy SV and SSVs.
$Vy
...... ,l;.l'(lor;lll~'o!'=l\" Sotttllfl& Arwn,..mml.t"'tuk
""' ..... S1n1..u. ~·~) '~"'U!hLmjl)
....""'""' I"" "' Muu ··-milt ) lod 01 M!>.~
I' ... Nollii·Souti'IUS 0 0 Ob 00 "" u~ 10
~"'' ""~" (,jl7t l~fl '" 184 H, 11qs6 " I;S H I•
'Mibolubl ·~11.2 lJI ,. I 1~2 ,_. "7.8 H ~ •• 1.9
o'llo'ltl..:'lf:?·t't<II ~· " 's -·
.... .,. ," 1"7 " 11vn 1<1 1,.
~~~~~C~~c·:.ttK!901 "' I ., I. " "
N ~orl}a "!l .. " " ,. ,.,.. til ,. I"
~ .. Ntxt~.~,_ll4..S.....l I II>% ,. .." !IJ 152 ,., ''
J.SI I ., •• 12J •• t"!'" ]}' "
l¥)d.t~ TnoN •KS: JH ,. JI ., IS '" '"
"' '
01 ....
G11>ndl'""•' ii.U6.1IUJO w OL7 ... 1~.}(;.!' "..
J ll ' '"
T~1bl censit.indices (DI, numberof~ hoos swr 100 n.miles) and mc;tn schoolsize{1\ISS)of
humpbnck whale.primar y sighin~$by SVand SSVs.
)'>\'~ !IS\'~
Aow .... Stf11111001~~~.~ ll~.,.b.:ile .$ev$111f ltump~"till('
.. .. IJ'II'IIIll.lSfI)I!hllnP.t (~tl~lfl&.l
N<Wlh·~~ ....•ltS<h .. 01 MI l"-··-m•l~)'"" lnol '" M~
\' 1- NOr\h.SOI.IlhlSU ' ) "lO .,.. ,. I•
~'" So.ahttt 6S2;. " "5~ IJ1 19 nqh ", ., 5,. ..
S.boiUUI 1.!111.11J ,.I •.I lA ,.,. 10~
NoolltlrlllS4·t..S2I. "'. ... .. 00 "' '·' "
.,.. .,, Nl '"., •• 17\~7 ,., ,.. ••
'"" Snu1hll..: N!le·l\kl l Ill:! • 00 016 '"
Nl)tlh "'"51 "" :'U ,. "ll"''oi, I~S Ul: :2
"' ~"' Nonb!lrii!i~t B,.,. "." JSI !16< ,. .,. ll9 2SS ~12 ,.
"""· Jill I 0 •• •• 67Z.Z • 01 16
PndLD.t)o l'lj')«llii·K.·~.! v n Ilit Ull '
~~~~K KI .t):f " • ., :!ll
..,, SNunttot• ls674:· U6.!1 I".. I".9 1.9 Jl:C:1I... 'li~ fJ.~ ..
II! &7H • I' •• :o ihtt •1 11 •• ".
Gn. 1.1t 'IC!ls.Ko.1571 l'H7 17.11b1.'1 i~!i "17 !1 1f8.1 ...
211 Tab1c6. Density indices(01, number of schools per 100n.milcs) and mean school .size(MSSO+f
fin whale primary sightingby SV 1Utd SSVs.
...,,,... sv~ S!'Nl
. . Str.w:tlltl.. _ . (fltii~I..;lt SdKI:n.'-'i jprltl'lll} Sl¢'tot\J;)
·~ trur uk) 1•1 I" MS'i. !flmlkl I.. 01 ~t!iS
h,oq '!Ofl.h.No)nl.... "0' • 0<1 00 ,,
v lolonll.s.o..i>fl8 l u OSU ., 308.)II • ., 11111
We!!ol ""''.oh 6527 " .. ,. 11956 'I 01 " •11
S.S"on)l 1~$11 ,. I"' .lJI !.9 )~!.a .. 0.1 );~
).."urth.>S1):lfU.t6K 0 J0 u" uo
.... Soou• n , •• ,.J 110'J2 lf!l) IU ••
Souttk~\'dia,,.<ten; IJ) JO " JO "
1\' '""!53 ,. " 7{\A ij • l\C) Ill)
""' Non......r t·K...... .. 171 "' 10 10 ,.
l !ll I • "0 "lO "'" I " '"I)
llf)o\IT8JY1\'lHRSI H.S 0 • 00 00 "
1~-· KKKI .tH! 0 0 00 00
Sub- lola] 59".!1 163 ... ! .1 J.O 369U IJJ ••• ..
Ill I.A<I Suh" t~1Hl1 06 "0 lJ 00 ·uo8 l •' 06 I 7
~ub-1~11)1 ·"''·2 l' p• lltA!~ • II.~ l.:b
C.Nnd 'ruul ... ,.. " m Ll ".l 7Mfi.!! ', u~ U.! ....
"'
ll
212Tublc 7. Summary or biologic:•I<:l:l,IntJ\amples collectedrrom A.nl:lrcCicminke Whales.
\umlxr lt~lcl
Ssn1pk'~tfd•l.l , .. k F m•k Tn~~
J•twiCu~rlrltp'ht)crtmll .lC'ltlU'11tlc-r ..tiol ,.. 8.10
UotJ)'knttand .•n it_ltllti(wAiinn
"(·2 J9 1 8.13
~IC'II!>Ut t(41t('IaUllKNl>!nli)ft ,., l'J I
IIIMoItthl II "'"J
II.h ,,citltt b.•·H•t•l "'i11:htor rsrcs " II
Skull m11liunntcnt (k1lath 1t11Jbrr•dth ) . 1 JM ,.,
SuDdal'd fti(11)UttftW1Uofthkt.nrH~'' .at,l m 8.\l
puinh )
L11W11ui~llltlb l?l 391
:\ltau ortrll('flt of~1.d8IJ 3'.11 391
l'«lls '•tl:ht . ,. ,.,
\\ris:h~l t)tn:u:h (ltnlent ,...,
378 818
ndt(Jnllll tn obsen adon •62 391 8\l
Bioodphbm ar(lfl}~I .tudolk'111 4~9 3' ' f<.l1j
ta.,luf:lilldr1trm in3ti(ln -162 391 8\l
Otu~r kM (ors~ dttrmiflallon 107 107
2"
I'mpll.n.il'IKtIK<IIlkl l•.ll~tll • 27 '~
LIU"':blil«-n pbtccbc~~tiru i11WI) 390 8~1
\ 'c•,r.tjWh)~~ numj~lc "'' 3..
Onry 391 ,""'
lli\OtI!~~I!IlmI(tl'l(tOltbllf'lr~ll
"
llbl(ll{f)tkliJ)lllllillc OfManlmar) 'l l.lnd 3"1 391
,\li,lunp lt('lwiiRlllnll~l~l~ l 2
IJi,~I~1J'"i(l-11tr~lk .l<;l -161
Slolnan!;vtd~Ju .,,~tl'l)tuyit .ul2 J?l 8.13
Olubbcr.ll 1lndh~rkcb~uufort- 11\iffinnM'ntlll
,., 391 8\l
a\oCinlil)rll'lt
lAinc~sur for air moolcorl11111. l1 31
Mt<'rGpathokr(k-111Ob5-ftth)to~I,IIJ:. "'
)ll)lhlltb. lh'n snd tonad) '62 391 8.'3
Tk~t~ lr-t.lbt6t)~Iltli>lil~Jtl) 110 2(1$
,,
Stntl:ldllnfcnhfor f~tmfl"CIIit)!scud) 38 ··~ ,,
Stomartl <Ofltcflb fl)r"'' 'im nmuua.t monilllril'l!. Ill
E.\Jcrn al par:ultu " 9 18
lnt trnal JUtnl'iilr• I 6
Phocotnp hk r«-0«1f'.ttu~ 116 ., 117~
f."nallt ntth atuJ v.tit lu .,
126 l27•
C"(lllt'cl~..lrc-nn 11 u ••
fttal ocularltlb tOr •,et drcrrml tMillkl 16 II 17
F'rlai.,IJn t'o)\lul-~tlit ,. ., 217•
00()14' fol'lflo,-fUtJ !CI\ 'J-).tiofl
131 132
(h iduttal n"khlllo-i('ld~fu1\'C) $
SJknnJ:Iujtfni<« ll fUI'rou nd ·ml unilllkli1j1 '
iRt)SII
t"ct•lq'•fo;,..,;tff«litio n1\'f) 16
l1Hu~:~n dliH't'lallltihi,IOOivrphoiOJgk~tl
"' ....
.ttu<l) ""
RM~ r fl>~rionhii* nai>Sb II ) IU 21)
f~·~~n((lrl'lfUaltuvd~(lfl~e~nt s ~
F"ttli~~ ror~lln~tl )i}lff't.inc- • 3
•
Frtllll fio•;orot'\foqdcl~ofCIU-.t~t~o)~ltfll') J 12
Frrlhad~forVl"ll'Jli~'l)lic 2 3
\~~rt Of'.nt~~llfur"iI'ICIKi!>IIIIi~ 17 20 37
ll.al«'n Clllltt• fortd:tltll lll)r.tal t \hiblti!Jn
"
•~lnrfllllifr•~,,~.~u~~tld(nK'.d
14
213 1·uhlc8. Summary or bol~iea dtta and sampitsrolt ledfrom fin ~alts.
S~tn•l'"'k•.'A \Tel£.~;,;I :l·'If·I•Jt•l
•smllk 10
f'llototnt tltic rrftltklrattt-rMI ' • 10
Rod)lt~c•tt\(lIr•tlfinlt.llll • • ,.
\ln_'-W('llft\"tf~'fl~M~" 9
lkld•r-tib)l•l~•flu.,,......., ' '
~lo.-..11- .,,.,l.at~bdrn4d~) ' •
l)rla•~"'' •tfbllltl.lt&o1011rftt4! 6 II
)l•(nh~ '
l..atl•,,._,~ • •
\lr.ra.~uor..-,., _.,.nd • •
lktrad dt mtllu.t uiM ~rn • •
r"'te....,,.,,, •
I~)"';~w~lt~l "' "'
\\ ro(.\llt:uNll!lttllt ' • I~
'"'"'!,'01» • Ill
IN•Ior...._,..,._ l.iOn • 10
l)li i(H•fdapeplr •' • 10
t11upt~. iw;m~aloh>ll"l'."idf~w. • • It
[.r plt¢ lOratr *-rfMIIIIIInlf • • It
C.kutlt~fo•tt4rttnlllnatiofl • • II
T) pa~tl.lttirli~N~ann~ti • • II
1~1 blll«tt plltrr.rtllrlliul•ftll.lo'h J • 9
\ tf'ft'"·~"'''... • ID
Char) ' • ,,
IIMoll.tu• r•trtntk_..,.,. • •
IIW.tolnt'ionl.a.llll)t.tudflt"''" •
\l lfk'.a'"'plr I11.1o~IUI •0
lll..ot:in l,orlf'li- • ••
lli. tokla:ir• •pMkl,mi~ J J
S..MJand II• tr tl\\w..ldi~C'Mtic \I •
Bhbbfr. mll'rt~"1Ci.,.fl;r Nil'lr.1_...al • "
~'Mitlll ' • IG
I ..tillfor air m.nila""'t Ill
\lac,fNil!WIIvJ:idnClbH-..,al...~~~•.)tvld, Wng. •
lhu ..t~tudl • 10
11~\ RHOIW!PiIllltklt'~~ J 1
M~k-.1\c-..-.~l~.l~<ald.,...,ti"'trr lipid '
Vlh')j~ • 10
'
\~fltlhtrallll..t.i..o.r..,..,,c,~laiWI)'k • 6
\l~ttAn41bhdlbff ,,._JllflrllluJ~for.NI) 10
' ~
~"'~''('•lt~l•ttJ~-lf,!.l..,llllrlillltlSf!lI ) ~
'IDf~Ufd.tItQU lut lrpld ... b,J.i I•
J l
.,,,...,.~k,, ' I
0 '
l'holot,l"lt,._ ron•n i•Htfll;,. l
.tf!lllt...tth•: l
[ut".al~~ ~,otl,ofl1t1~ I I l
Colkrlillll iJrt..,..k • 0 •
Jr~•luurule(~·1ldorltnnlfllllltlll '
•,,,.,.u.t:tllJt .. ) l
tbfH•I!!aiC'«h-••"'•f'hklllft •
IS
214T::tblc9. Rtprod ucrh·c shtCusof Antarct ic mink..-wha lessa mpled in 2005/2006 ,JARI:.AII.
NumberS in partnth1.-sis represc nl rntio of sample s:stnatum (%).Maturity of males \\!iS
tcnt:.tth·cly defined by testis wciAht :u·corKouo (1986). "Resting" rer1rcsennon·p~..:,:nnnt
m~1tu frmcl.: ithout corpu s lute~md "O, •uhUing" rcr-.I"<'Senlfsemale that IHtdcorpus lutcu m
but rerus''nlnot obsen·ed.
..... ~-.,.
··- ~~· .~.. ,_1 .........Nz•e"'- ......~·~ , _1 """"•"
~..v E..n-N<If0lol 0 0 I 0. 0 "'I l.0e!.Ot!..,
rt i<)IV!ftt0"'tt)0" ,. 0." 00\ .... .... 10:0"1 '
Null¥1fM- NO!V' ."., .,.,, ''"'' .... 00\ .... DO\ " ,,
f.i•afVh,..,fi-tl 0 - "- - - 0 0 '"' 0
Aluiw uc~r~ 14.&\ " I ' 12 0 -
m ~ll.--~ " .;:,_ .;;, "'" D0.. 00\ '"' .I.. .10 "'
~-~v~ '~.. ... 121 '1:.:3\00\ oI. ,.*\ . ,. ""' "
"'"v I!Mt"'NO'DI ,0,.. .0... "0\ D0 05\ usn. o .~ .:~ ...
($ow->perd - ,. - - - - ,. - ., 0
N (,.,.ue~ef'U\(I» ,l3(llI"\ If$ \ DO\ I DO\
,(S"9"CC-'od)t'oo 31.9\ II $.6\ DO\ 00\"" 3 00\ '"' "
Jv.Mvw..,-~ '"' ""1 II 0 I !6" 0 "". ..
/YufV b llt•So./11!'*,, "'' ""' 00\ "' "10\ 00\ 474 \
"" " "1 '"' "" 00\ .I.. 00\ n "
Jv•IJIVW•¢So.ltt 4H \ "' 14.5\ '" .... "" DO\ ..... "'
-"n'fV~ e..,..... 3"\ "" ... 10\ 0" ••' • $11\ IH
.... f'!Myl>..... 4U\. "". 120\ .3. • "". 0"' "'
....fm-Sovth ,"., 4"1'\ 0 .... "" • "". '"
Sov"-$1•.~< ;:.. '"' #·,.~ "".. 00\ 10 .!''2 0" ..... ...
<T.... . II .... ' 1\ " -" 6~\ III'> " 03\ ""'
"""""" ~~ ;;,.. E,.i!.,;•!.. I!\ '" 0" 4"'8'\ '"
Table 10. Some biologic-al informat ion on fin n•hall>Ssamtlled in 2005/2-006 JARP AII.
D:ue of Body Body Wcighl<>f Reproductive
No. capture leng1h m:illht• Sex ICSisi (UR) information Remarks
F-001 060203 19.17m M I.S14.19k~
PregnMt Fetal lcngJh
F-002 060208 20.05m 53.481 F 127.5<m
l>regnam Fctal lcnglh
F-003 060209 19.4711152.05t F 280.7<m
F-004 060210 18.73m 41.87t M 5.3615.54ko
Spondylosis
F·OOS 060213 It>.14m 47.18t M 10. 10/10.60kg dcronn :ms
1'·006 060214 19.15m 47.(f.h f Immature
F-007 060307 20.22111 61.52t F Mature/Resting
1'·008 060309 18.22rn 41.061 F Immature-
F-009 060310 18.30rn 42.27t M 1.6511.91ko
F-010 060313 19.35rn 47.241 F Immature
., Bod)' wci\\1'represcmcd byt0131wcighl ofbocls.p.'n
16
215 Table 111\\'trbody length (m) with dc,i al(S.D.) bodykngrhrnngof
Anhtn:tic minke whalc.ssampled in eM:Uuriry of males wusasefi ned
TableS.
A.,....,. Aver*J". A..,.rap ...
sv.... ~0. ""., N S.O !.!i" so. "" H ·-... Min N
~;=~~ - - - - - - ·~ ~= I •!_'_g; I
NulWul"'Ho~~~ ~~ ,. ~!~:~: 2 ~;: ~:: m !!~
lv'e...t'flOttn • '
.v..rvNcrtn. !.. - - ,, - - ,.
~:~~·~! 53 ... 18 ~~; m ~~ :~
........al~~=t-~~~ttl!t m I !~ !~ ' !!~ :!: •
~:l~= " - - - - - - - - -
~;:w:•n 829 ~~ 3D J~~ ;~; ~;; ::~ ,. :~: ~-:':13
::::; !!~ ' ·~ J 5.55 ~~ I
.v.bJt"So.M: 27 ~~ 12 ~:~ 13 ,.
~{: ~~ !~ !ci! ,. m :;~ m ~~
Nuf\/Wul-s~;·: ;~ 108 ~:~ :6~ ~l~ :l: .. ~~; ~~ 33
.V.PrylMr m ~;~ ., ~11 !~ 8 -:· ~0~~10 ~-~~J:l "
.Arh"-sow.!~ ~: 31 ::: ~~: :~ ~: 33 ~:l:l~
" "
Table12.Summa l)hOio-1()
Stnalum
AruIll Arn 1\' ~,~\-' Tubll
E~'lll •:.) W e- ,•..,...,,lh, t!<C
Spteit.• Xo1Sf~o:t1'ons.>toth5(.ut~ :\'tSo••••
Ulu..:\\llllk J • 2 13
ft.,pb;)d. '- flak 20
~~IM.-r\IYlkfd • 22 " 7 ,.
Totlll 1.l2JI ll 29 • 0 0 ..
"
Tah leiJ .Summar y of biopsy $antpliug
... Wnl
•n•~""
"llfi•Nit
Sn""tWt ' •
IIIM~.v.IW¢ ll
SOdbfl¥hl~~>tuk I• '
$~'vIW-~·:<u'·OIS)J "
So.Abolt~v.(Clrt-.1..~)
l(WlJ<1...hlllcj'I1IO
•I ..
" 17" "
216T:ablel4 . Summary ofoce no~trah pi cnd acoustic sur,·ey.
(~11) X<~IO XRT t i'CS Qu 11nlitht
('llllit>tnhlail.l~) (!11111i0tl)) (dill)$) ffho)(IUII(Ifr
(di\ ',J)
\'C'\~tl K12 t:.KI KS2 I<K I KSl Kl\'1 KSl \ Sl KS2
\~ Ill Eas-1 ~nrt $ 5 z 7 3 7
Sou th 2 7 8
Ea,:c ;\\ u1b 10 l IJ Ill 14 14
Soul II 3 ' 6 1 2 8 ... 8
.\~Ill\W r,:1:'c..lr1h 5 ; • 3 7 II 7
Slrulum Soulh • ' > "I II II
f'r) IJs~ J 4 18 9 " •
SQI1h I 2 3 3
•;ll•li\on hS&1Ub l l •
.\ r« V South 0
\\t'\1J\vrth $ $ II 7 12 •
South l s ·I 14 12
'1'01111 ., J2 75 ,. 8 \>1 99 .,
"
ro ro ....
~· -· ~· -· ••• -· •v• ow o •••
-·
Fi. ~I.Gwgr:tphic location ofrtse nrc-h areof the 200SJ2006.1ARPAIJ sur·,y~.
Pig2. Thede~i ohnur \'ty IrACklinorsv~ based t)n Ihe minimum unit.
IS
217 •o·
Fis:J. The design ofsun ·ey torssvlifom the minimum unit.
fig.~.Sur" C) Iruck ofSVs in 200512006 JARPAII. Pock Ice lines ore .. limoled b)
obwnation of rese:arcbnssels and the informotion from Ntar re-.alSS~/1I)JSP
daily polaariddltsta iccooceorr.uid11t~• a'11i1abfrom the NationSno" and
Ccnltr(NSIDC. Cnolieritlol. 1999). US.
Fi~ ..Sun ·eylr8Ck linorSSVs in 200512006 .JAIU'AII. l'nck icc arc<'>limaleby
oh~e·nrio of research vessels :1nd tht infornuuion from N('ar real timJ DMSI, SSM I
duily I)Oi~riddl stdaicc tonceutratd1.Hnst t 11'\ailublc from tht National Sno"
;uul Center (NSIDC. Cawalieri eeal. 1999). US. Uecuuseof limihuion of research fK:ri<xJ
due10 theh~tro~s. bsmGP :~n dS.sun·t) effoorSSVs nas concentntOtbe south
scratun• aun·sutvt) 'the nortstn~t rom•95°f.10IJ<F~.
19
218 f·tig:.6. Oiut~iglgof Alliiminke"halessighted bySVs in2005/2006
.JARPAII
Fig. 7. DiscrisighrinAnsrctmin~whnlsightedhySSVsIn200512006
.IARPAII
Fig.8. Distribution of allsigbtiogs bySVsin 2005/2006JtiRPi\11.
. .. - - ,_t_ -·-----·i----·- ArA .d
,_. •,.,_..., 0 .~--
~ ~ ~ - "--~·
~~
Fi9.Di>lrihut;sihtingsof humJlhnckwhull.,.sighll-dbySSV<in 2005/2006JARPAII
219 flg .Vi<~riburalsi~btlngOn"h:os~ht<b)SVs in 1005/2006 ,JARPAll
fi g.11. Distornilsi.gbofin "hal es bySSVs in 2005/2006 J ARPAfl
1 . . -,..J
• • - -.....=_ . ~ \, • ~
...- • ~ -. . ~ .
p:;--<:1 v-r . ~.~ _, ;:~.: :~:·
~~ .,. &tl tf\ l ..,, , .
Fig.ll. Distribution oforblue, sci nnd sout whallsightbySVs in
200512006 JARPA II
f"ig.ll>~rihntof all !'ighrings or blue righnb ules sighte-d by SSVs in
2005120J ARI'A II
!I
220Annex 58: Nishiwaki, Shigetoshi et al, Cruise Report of the Second Phase of
the Japanese Whale Research Program under Special Permit in the
Antarctic (JARPA II) in 2006/2007 – Feasibility Study, SC/59/O4
~C/59104
CRUISE REPORT OF THE SECON D PHASE Of THE JAPA ESE
WHAL E RESEARCH PROGRAM UNDER SPECIAL PERM IT lN
HIE A TARCT IC (JARPA fi ) IN 2006/2007 -FEA IBILITY STUDY-
~h·~ 1\lW... ».'iT~Vi. Op•a •._,J\b&wol.a'\ TO!Jlihiro"~ ".lhr.._,v..•c;:,,i onh '~hi
11
'l¥oli~... ~~T.~ YO)htd.l\ 1\~1\AJa ,\Usl ar.\to•{ '. TMhil.l O,.;t"a-,'~i.'uT'hl..uru
Oiotumi• .._nlKimura""l.u.YC'Koh"t!'la~a ~.h.i"~to& Aok'i.U~l t~.,:~.mh',llyuki Ito'\
~~~~ O,udo', and Oc:t1""akatnUf1"J'.
})'l?•tll flhf••fi/ lk~"lNfJj.fVh.ll-<•hn.CJJT~'O.J()J,fN.Np.n1
1;1ocll•S'''II"Mu;1Lftl, Tf•yo~ l'hlw~f<l>.'fU.fSS•.Np.nr.
JJr.,At'nht.•.l,i,f~dHXI.rH.<iHJ<{Eu'''~nc( ,n·ln'N'()c"•nc,v).cJr;Jo~.mi:V•!r.~
lU.-fl i,,,'.m
ljTtl4trHir.l/II{ Vam~il'.a! f·imolf(J.J. A:t»..\llltl TohbcJ.fl~'t•.I.J(vff
All;) I R\ t"l
Ttw ~h p&lShedW:S«<n1 P'tYMollJ~ \\'N.k R-es~lwd unckSpe-;1P~-n n1he-\ruateLic
(J.\RI'If\\•l~td to dw.:oosnlt'l'Jof tht lrt1<m!b0nal \f'omM~,~o 5t:sif'Co1mmee
tiUC SC) ~ ~ ~ 111\0htbothnon·Jrtandlktha~ ll.•du\ TIr tt~w.o J'\R PA II
Wf\C')it\lndu..'the lOOS~ Jll4::006':.u~, s.nunet seaso\'Iptit~~dll(l\t\ibil.t)studies with
the-foU"""obja ~..It~ixamithel'liL'Ibtl. MatppropritttalCSSor. etltod.. '" d!ll'"''lwgrd rnc:;udl
..1('.\. :) t'th(:tleticabiJit.lpptl'lp' '".)or AITpro«du~, tSthelnCre~ 'lMph'(il~for
..\nl.ltmlnl '!haleand .e.'atninc tl!< pNitllc:llbtllihundn!Ul•"ling. fl('lhib{'o)gi~OII
!oatnplii 11l'¢-' \ilol:or tll~.abM) \ 111'\():'Of8$0-.1~·);\nlitrtdC !\hlllt'Sfind 10 fin
\0hiiiW~' llint:d fur llng..T-..•~o(o.dbllil)' Of1hyJARrA Iw;uC31't.011INIU IS Dtcembef
:()(~(:111d!tufif)' 20day\m6Anll ~I\\', \ f and pan of The'"~ar~ cIhI) \\ inttf'Npcedf«
three d&d\1('~XJto ilt,Ie"n': y d•c ~hf:p tnc<o1dd:J}sduoe"fitacc:i.Oft "'" ~'h baie
Nlsl in·Mttu. 1hcn~t:)w.1d~i~"C)n1 ut"tni snn.ilid:i~ ~:a11.96¥171m•l~and 6.001.73
n 11'1t11f\t\Hdtd i.:-:.tedSVe:u.Ct\'~an d.&71.14l'l.fOf'W dwu .,lhlllftll 'i.l...,emg\Cssds
(SSVs• l'hOIIo~ spnCi«m.t~. ) tnwl\\."'~~ h'<C r\tan.'JnMlM.biYli'~ Sfl'C'"'Iand
~dK-mtd tmolst\lohaAn&~W cini'h.alo•ncdw,..,.~-~aUJtil •nt"•'*I)diowni:Jd"~
""'ht-k at\"UO.C.Ccht INflJpM oftt~~ ttftOul o~J sidtoob(l.llld1\tduof~ rri~
\t•Ntl!l\\.n.t:.liO.c"'t.as) SS~ .&JI ,..""h;)oo,.(I.O!i?ndnicluak)•C'I"CtaftouofY,Swwmfllinf...A
.-wq;at,~..arnp~ lcrdt9sdtoob ISC6~,MNaJs)of~rri~ ~ll'lpt• n\IIlc..l~~Vt;~.s) (9
•ndiluJu.~p!t.)'d\ra\'I!\\ft~td fO'lmphflJ. A &OliJanimah""" 'aflp1«tThf.'.-cabcxl)m
tme111"l \h.:I:Qikaed li11"hal es ••thbod)"~1Jh(f6~.0l2ftl~ l)·,i.d\pc11 H"f"M duA'I~c
Qflblc ~ h~ "'htlnA toUIIof Zan1lm~'\\t'tt'photogrPll\lhdh~,jfat1a1l arl.ing,'>were
ob~am ocdOcmother c.pll;1bl~ midsh pouror ltumpbaWhales.10111r17.~inblciJJ:un~pwl~rc
coUrdl.'dft(lm blue, fbum!a't"hale"' I\"~u\of humpb;ad; whalr b~llmp\ fl'1al.cn frd~
mother cnrtaiNCTO and XC'TD t.1'weft. e<u!ddiU 7Qand 8klc:tl doin~~Jh IPCSlSU\-lhas)'.
~.:lolcdf'if2 d:t)S by SV w1d:S7dlssv,intol,~OnooftbcSVscondiM.1«J(luJnltth;~o50Unda
'" " (!X62da)!inth ~hole:rt'1'a(:r11C~I4Jwl~VCt:Jnd(lp t() ~icS!Utpth"lJ V)lf1IK!\ff a1
'fll o1nl ull\~ol rst:llarn H1cmail•liItto~f\1tc~asi·silC'"aT lbfolio"'.lhtdhtribulion
oll!lt\nl-aMic 1ninkt' "the r..tiOhUl\'1"'"' t.o(th;:.irs<."alliJtq!f(MAI..:h~CJ'WUS. Z)ltH:
MJ fin "hn lr!t~grrga rorndhe:-\nt:u;.';""I\~!in1fW' e:arwn. RcprJ1n,dKobjeol\do(lhc
(~blb 'l'itw)c:oorirmedthattht' ~•.l lnock u'5d 11\t,.-"CR' prKJaiMd~ b d)t
t'ft~ ft\acdt ana 2tbewnpllflproco.t."'e\J~"'n'C ~k h lhr~ ~ ~n of the
AflrW\.1.1tt~hakand 3) ~ mdhl••h .huM• -.li.,.n~ • ~ iilll\\'t aphl'~t»the
llf¥t" '"~~u•tc prtxb~
lri.OI\" \'t\RC11'lf\"'01rll'\U<'AIIAIIql\ll'ft\\1-11.tlr\11\dAU~' ""'-P.III~•11111-.f('l;
III.Mbf'iS('lr~r...,,n,
221 ~ bp; tnc:.<\\Re~an: Phro~. em('Speti,<"~'minth&:ntarcticUARPA) woondu~ tcled'nJ9H7)Rit
and 2004105""*,unr'elrsc;)~un.LTAnic1c \Il l o f thc:olnJn\'tntitorthe RcguJaotoWhaling.
Titc IWScK>ntif"OI'linec-tSC) cooduc:tc.l•n 1111\:rirnn.,·it"' of JARP1\ resultsJaM~af) (IWC.' 1998). In
.200"3J,I\RPrc~-·ftt(.'SaiJ.tJh) •OH'fTitiof J:tpan " 'i(t\nonymi!!005)andthe tin-.1JARPt\
rt:\ 'fili.~ntheI-Cr$C \'1hdd inOttcmb.200(1\\ C. 2006}.
JARPA pro\·idC'da\\ ide 'IUiet) orinfOfnution on biosf \ntan:tk mlnJ.:tWhaleth~nalur'al
monllllt)'eocfticietu anS\'ttimein the-age at mas\\'clnal'f'Owindgothp~.1rom o~rervmcc
f« stocma n~nt . JARPA also clocidaled thal theat lta$t two stock11 ~'\"S4.'3r:ahl't'JIbut tlk!lr
g('Qgmplliboulld "'rtdefrentt"rthose used iOCt"he IWC Area: e. 2006). Foohtr. Jt\RPA found that
pollvumc;;(lt)I;Cnn\\hnk's.tissue$a:s.t.~m)etal!.wtd PCBs. wa$cxtrlo'\ (Yas:unagatt iii, 2006).
JARPAll;t$tlMc:~~fuO lbl~yJicdrc:l otceinitially proposedobjThereview meeting C'Oi\nJucteid
Jat l\201'1a.grct~atr~$U lhOfnJAR.\ \\ert :;ISttol •\'ilh !he bc-ba\ ior to bt expected of baiiXTI.,,h3IN
popul:uioru.ot1int f.domin:uu singJr f'I:SI)the krill.m~bng abo agrt-td thaJ"~oe"btiedlb
proi~dcle-St,JpPfor lhe need 10 Sf)l. m~i.a(-1(I·WS)'~ Oe'e)Into acrounc in undenslarwling the
dynamk-sof tht'-balrt n whale .spcdt:Sin~SYS.L"fa;)ipl't'idefututr:ndsin ttlt-irabtlndantt'.and
populat1nnstru.."utrc (Anon., 200S).
Ba\Cdoo these cons'idethCo,cmmt."fflof Jlau•~ hiewdcomprehe l',.~'u\dct tht'-$t"CQdnl'h11:-c
ur the-J<Jp-.l:'hiR~c ,; hrogram undl:'rSpecial Pennh in lbl.'Anr.nr<:Uc(JARPA II), combining lethal and
Mn·l~hn :'1ll.Xl\11ifrum1~l(l(.200illiSir.-1s-•mn•<rser~thO,seasons (200512006and 2006fl007l
\\'cti edr:1dft".aSiblii\ysluciH$:.-
Thefull-scaleP:\ II"illr1 fromthe200711}.,iCaSOOI.ttoncsn~r~archprogr<tml'ith tht following
obj~.es:0 Monitor changes.occulTing in chc Anlarclic t~lod'~ompetirion -amcmg\\'halespecie:.!1>0
dc,•cp fut.uremoong<obji \tl3-Elucid:.te:mp aodn~pl:chMa!i-\.'i$nsl.:tut,nd4) lmpro\ c 1hc
man~eo~ pno-edurefor the Antarctic minkc whale stod.s..JARPt1spozitsuclas,\m~arimhtk<.
hwnpback, fin .$<~tndO!>)someotllef"S()all ofwhid• aremajor prc. r Anta.MickrilAI11 \!II.:'
"o'CCcl.ynnu:t:,np,~si.ttr rlw full.r~r<:h(ledJ;d .s.impHng)arc 85~b(of allowance) AntBrrtic:
cninJ.:cv.hall-sIP.a.ut:mhlwuJW<~C•nSoulh Padlk Sl<>o:',ks5)0 humpback wha~-Stod>a.d50
fin Whales- (l1tdian,d cWe:staSo~h P...tS~oekc s).n.gchtC~ibi ~tiudy'unnooJ.nplc $i~~as
8.0--I M~larctic minkt~:ninwtulle$.l-lumpbacl'fl1101sampl1uringche ftasihilit) study.
Ttlrts~f mldhods foethe J' II are Msicall} th&:s"ame as the pttvious JARPA wilh r.omt:roodilkali cmi. The
pmgrnmimol-vcbo4oon·lcthal rest<:hniqucssuchas.sigsun cyb~)$}s:lnlpltCi(Ju unttyf:rpre'~
sp:cil::li-a~ ll<:torooceanogr .at~.ndiklhaS<~l mpgsine.t c.en of Cffl.:lini.nfonnation, Qf 'ital
mpona~ 10 d.e O\'t~ud.yn.'(j. uix~t~Jn irnnlmaonorgans .SlKov.~, ri0rpugs<~dstonnchft..A
rotnpsc-hcnre\'iwill be cood\~lowin C(!pk"'ionof tit6)t'arC!' u: n':S(Gov..-mmcol of Jllpan_
~005,)
fl~p>~~pf)rI'lhc results of the Sttand JARPAiliSUt\eyin 1he2006 i\ll ~11nu..st-aSLhe:
praetkabilit)approprniaJ C'si,gh:- ethcxlsin enta~ crda arl(ls:tmpling proetd ures for 1heineteru;ed
sampl~iz "rt ~x•min Mcd1ho(OC~J!c.bing.!lensing an biok)stm~ ur flJISo:Il<ibodjy1-edin
wttak"5wer¢atested.
Rc-.sur''tMtb:
The \\h~e.vc hnit wastQillidf twdcdiet sgtend\'CSIl(oo.~,~l.il'~ (KS2) andA'otJamM
tKKI},threc .siar~~plin iesse:Y11.Si"um(VS I)r·M,Mum.Vo.:(Y$1) anKp, MaN \r~ 1\.I),and
oneI"C.')bae:!s,lNit.thm Mum(NM).
l\H'VtSd~!Wl':d~o--d k)3it&ef!nn~·s:tlltCQ~UCn Il~Oft!e ~sperim ~SP}S''llr:.ighting nnd
.s.am\ t'~l~;ncel.naged ;-'>in6land~mpl1i1:ut:''(SSV$) NM $~ed as~ ~CSCII'ttbl3se on "l1ittl all
blologi('JllC.'(amic:olt«l<..t;flttconducted.
222 Rt~ rch•rt~~
Tile:arettl<:0\<rb)'JARPA ~Ib.15icall}sa~in Jr\Rfl',~Nembpar!o1\n:IU, Areas IV and V, and
lhw~~n t!Urlof ANa VI (314~\SV)Ilhis season. JARPA II Stlf~emedlndl•n <kl:canS.(lek and the.
w~s~~ S'I1P\~itOi.:=Stoc:t.of Alllllrcwha~i(Pa.'IU:0'0.6)l<li1$d~1nlllo85"00 lhUSilTtl
sidl.' Clfd1f.'Jr~r.;lI:tr(<J·~'•ll-"15 Fil&c.l~10\ e~rra-pfIXk'InMo ~~r(; ah~nfor thi!
2006f2:1)07JARPAII $Uf\l'),'
Sunty lmdt lldt.gn
·n~ einimumlongitudiuit•s1~e«. widthir1pc-inc:ip.klh.: numberof WlitsthatWfft'3U·n th'"'depeOOe\o.1
longi10dil idlh ol'racb sHO\\'m t"dv~ftheunfl''Ul'hungt~'dont_hc.umbffofplann r~~:dsto1n.:-h
days "i 1histrc. ft.umliM$''ec~1$•l:ntrrSV$and SSV,:S<pa.rat.esselscond1diJJuiwlncl~t~-
simuhnne<IUSiiyn the r:wn.hand SOtllh $1nSVs:~.mhlnl$-f th<two 'eSS<'Icsrasc~t .llro-r
SSV:s wndoct..-d !>igflling:and sampli11,gitlntettiulI7nImites.. 'rbt principle &sign ar S.UI"\-Cy
lr.l.K~M·e-shown in Ftgure 2 forSVs aro.SSV<~~i\' t!.y
·n.S\lt\lr' ·n't-e:e.!>ytcsm.atit::tll)ihe10 degree long.ltudinal wKtthintcrvi!ISIn principtc rromlhc
'$Ur.estan poilu. 1S\l· f\;tih.l;point was mndIc'ctcd on Lhclof18i1U(IinllOOrdcroarta, rnc..1n:h
Oct:aib are sllown in ttlt ilet'1h~lloogtttldinal inlmlll$ and numbt!r of the S'l"th~'tr.Kk hn<'Sin
'SbU-research·.·
Si&i ht~ethod
Slghlif'lltpr01. ere samtas in 1p~i(~ JuRPA suney"(Ni~hi O!lt1i')99l,shj.:ul. 2000).1bc
$ighting_SUf\C)'Sb)W<toondtlc1cdondff l\!I0edhOdt(Uhc-i.l!lg,or Antarcntinkand f\\htah~
wtn!mud~ o-he predetennille'd tntd . li-apptIe()te-~hal'-s oonfio~ h"~C-i-ndschool si1.e)
'J1uttSSVs:.dvltnto'P..' nu;elne1 n.n1iapa ~1a st.andsptcd of 1kno~l1lsighting surb~ys
SVs w("~uct«t u11dlrimnc~f<lsnin<k•nd passingmode \t''IICi'~madghen meprW~1c ..lrel.
line, t_r..~id110•1pprotile\ \ tinc..lynd sc:nrchingfrocnl1a.uninleiTlla.a Slaod&rdllo()C'ed
or 10.5 knocs.
fh..:lloU)as opc-rntcdunderor~en:l1cmdil (e,t\e,,iH.sIp¢ed bdow 25 knot in ~tr .olUI
2:0~noiltf1nvnh :strata~sillif'n)l:l'rlh:sn 1.$ n.mile$10l~hsighting or Antarctic mit\kc and fin
wl•alc-' nr \\~up·ckd lo be those species.,.tile SVs aprr(0 . lr'u~Jhumpback (M~UJW-f"d
n0~1tmxlh $lUI1crigh(G11hnltH',oClu.pigmy rig(Ct'/N'f'l!u utv$t(lJ.bm-co:sper(l'hysan
JNtlC,OCt>IIl'ld5.0ulhOuh:nC (l(~rof#l pltm!fm w,tui~f1Sood..cting)re (.;(f)Crim«t\,:s1·t.CS'-SV.:.
8JSOUW03cbed tht §Antt\$ptd~fOfCJ:pm~T:wihilf:they \'io sightift$Stlm:y,
Samplint method
ThreeSSVs werengag i~s-dplin~nc) .S:unp rl&SOAl'lt;'icinkc:\\halts10%iallowance) aItt\
lin"hal"~<'pl<lnot<1the resc:~r'sua1Clf62.:S. On10 MU:.li'Iilcint.e"Wt>fs:unplcd randomly
from e;l;ChprimM)'sighted sGhoolwilhin 3 tunill'$ or the tracf.:fil'le.The dwaIarf!o~ minkc:v.halc:swere noea
..,n,pling. Sftmplinsof fin whal« wathoeanimnl$ "'ith an estim:ttedbl~·t.s12n0m (l\\ &)
rt'\'idownw~ ~oC$-sth.1nI?In during the n.·sctu·hl.'pcnod) due 10!fKiliiot~ulling up the
anfnu ln\)r..nefiwh~lew11s.!>l&llctldpnmdoml) fromt:~ihtcshool ,\rithln 3n miltt;tl;k lin~
and animal SIIUIIJrdru.1 :!W.lb c.-.Inthe school. If two« moresrmalltan '20,,..oundin
1hcs.1nslc$Cd1~lnf\¢1!o~t h('ln\\';ll"lo-r"d.ldom.JsyclcCtc
Low and mtddlt l.llti!udlnl$Un 't )'ne
Ot.nnglntrusighting \')w~'C.')ll.lfnthe-t~bcta«n JO''S und 601'1c5>:ct:~'\wihSnnarion:~l
EEZ... 'n'SUIfthC$t suf''\e!f1J!.ownfn this r<pM
Biolo;ial nst.tl'(' h
~losnr th<-bk>logk"alttntlhodu~dCin this MRPt~UI' 'If:o'ec'Of"Jnd lmpro\'cd durins the JARP/\
IS)'drm;~"h pcrid Oi-ogic:tl tt'scarchon :tilsantp.:onoJuondtJ~1\,1
E\puimen b
Sig,htiogb1oceand anun~rlmtnt
This~~rimc Wntoonduct"'din order to eLh:.ocur.,,rllinf nn'tirnsighting distinc~gh1in2
:ln~gl:1beobl<lef\ifthS~:and SS\\
223 Phnlo·ldeniiOta\'\f)erimtnl
~ tQtl(f )i\,.i·~r•a:~I«f lphOh~k rteord n~Uun tnlll.~rS\1~nJ S:SV bu.,.1\um;pba.;:•knd
"i Otherightwhales.
BiopssantplillS,.
In additito thespecies.tar&ctctherphotG-identiiil~pc-rim Pehtn:li,l.i~.\Ci-spenn;.outhl."m
boCll(f);~ks wnc tlgcft~o~bips) sl:in ump li.ngb} theSVs w~iruoo-mpounck.. .A-~csbMI.ds
$luuplewereprcu,..-so~c.
Sat~ll hl#ln:.
Th~\'SI:tOthC-S2illtctUI)tc:sdatat~Vt!clilAllt.Jnc:in~Wehlc.~
P rfll n•hllllr)'prsur ,·e-ys
Prt)spn'>(kril~rulesw.:rcoJIL ~\r8lhe~a~-~id \id W!UfromIf~M n Oflth;:!\Jr.I:
0<-r:anogral111arou.sl-k fiurn •y
SV:)and SSV.soondul!ted the foiJowingooSUI'\'C'")S.
I,Conl>i ~t lcnwn:mcnts of s~Xtlt:'mpcm. '\'Uflducdvity.' hloroph)·U, l.lct~ygl.srlloCc';
p.nkk U!Sig.fh~;J~P-our1Collcigand Sizmg Sysh(fPCS on KS1.andYS2.
l)XC"llnnd C'0c:a~ njnKgItltKS2.
J)Re:cordof marckbriinthI'I:S(ttrcby1-:I and K$2.;~ldiallllonnUdlrnsound int'Stm•atuf
Antartlic mi\hal« \\as recorded andc:o!IN:tedon NM.
4\Hydro-acow;ticsurvey usi~imtif ecOOfo(Mmde(:ErK500 with opt'l':llinafrequencies at 3Sklb. 120kll1..
.100kHz. St) 1k. rway)tstuddistributionlllldabundanc~ oricsr baltwha~le liydi"'·:IC(lwtic
~~rvc)asconductedb) KSl ul~iglt tii\Ct)hrooghthe wh~he B.f\_'3
In addition to these SUI'\e)S.KKI dcpiO)Cd Ar,noot(prolHing de\ itlra..t~high qunli1)
~oosraph ic3 of upper -and middle la)th~worl(l C..ct"Msim•thI)'~i"t.:rh_igbsf)l'·te-tlme
rescllution. This was done in cooprrndoo \\ilh Scit'Jlr..-cand 1\.hnlolUA MSTEC'l (See
l11lf·ltiU!l}1CC.gqjpMR(;O!J ARG0c:-htmll
RF.Stll.l"S
OutlinI)lbt' I'CiCIrtil~ie~
Tnbk I shO'I\'a$n outlir!i:ofdtt researcf~~cti\period aftlwc2()1161200J7ARJ'Aid;,n"-lm15
D«cmber ::006102Fcbnl31) 2007,~.ehC -ncth wa~in1erru1n!"\'odd.~1yu~t;ex•·tn3l lnterliltyt\.'l'b
the Sc:aShq>h<rd for 1. u10a tire accidcru ill NM. then the .stlt\C)' wa.sdiscontO~ueIll~h wlls:dttid;.-d
~~h e.vllthnnpla.ru«au:se \"Qpncn1 for the survey wa'>) hc.ir.d
•rtloai&ti~Jlittn1tl Md ntunbtr oCtbe .sun •cryirat'k linf'arTh Mrf'll·l't'S
11lde:l ~rt,..C-k.ofllSVs ;.uSSV"Itt showo in Pig:l't!td Slooglttklmlil imm •alllnd numberor teeth
i•llunitof' e~l"1d: lin~itn$ubrdellt\ur~"~etLlfnllowi11v;
I) ll•c "<tpan of Arc01VI
The ~':On areiWll.iauth oi'"and'from 1-1."3\V 1\) 171YW.Th.: Startln¥,roiandssv ."<rc31$
14S"\\' Thl:'.suncy 1-rncklint wns s<t andsooth lil '1\CJ•ch11l4utiJulten·.-.Jof one l«t th uf
w"'"'Ira 1:n~s 3'-=-•or l.hcSSVs~hn north a•KISOItIh str.ua, and II) :-llll\ li!~thS;of
~lr. ({ltemsv~A.l.locaWI\ 't:rnd;-hor inone minimum unl1is ooc tooth in tharMI0I1«~~inun
1~~uth ~r.rt frlucSS'~.SVs sun&.')C'o\1ne toOth m U1coonh stW•.e-clh in !he $0tlth1l~ratum..
p:~ .t-lin<wa~C'$1tm3ttdbased on U1cla~:t'S-n1dg1lrn (mm Aelllre:d time 0SS~lld:Uiypolal'l
!!_ridddfr.) ;~nct:~t:ndaansenVJilabk(rom th~nlio SnoJ and IrData Cente(NSIOC.Ca\ ali~~i
a/.1999).
2The l:tl$1pllofArtV:~:
E:w·NO(I~r.Uultl
'rhefcse3ref\ rangc.-df60~nll69--5and frotn 170"W "'(;t~ttllllinal range was d1tw(p;1,rt~
from60"S I(i6~. rdm66'SIOWS). T'hcStanilti-1:1\)ir\'sa1SSVsucrcIll170-'\\.Ur>v~:a:l.lmc
wa.s-st~a- $n~nh anJ:Sol).llh10 M'bdV.«<'17(l"W IQ 170The~ngin!J iina'lof each lourlbc
~urw~ tnttirte 2 J~'forSSVs..tnd10 'r'SV~fore>1ehplar~~d• d;i)·InIhe:rbd\\ttn110 EanJ
•
224 16,5'. l~m\ dt'ignoWt't lrlo~uck1tc.fiD\IS:roml uf h~'n*"~p'.1mf\r~ V, 1'-eSSV.ss.un(')ed
tach (Inc.Md "halfto-ldl mIlk' n11rthtmpan and mtbe sootOu.;ft:~lullt'eelgecim 1h~SV5-
WI"\ ~'1'r~tl."tthll'lthcnvrt1kh~olol.~n1h1!0Uih~~1m1.
Ea..-t.t ,.cnttum(RO»SC'.a)
The n:.SI!h\~:l\\t -o:l."\~ttwCH mI~Ekl1; W('_indudingi c7~Wio..tittl'r~nofR tltecn),
11
Theltiudi~allt';"5di,.idtd fr'Or'6n9:S l!Tom7..1S h.Jthi.-kc <:dge. 1ht staning andc1)dingI:IOim.sufSV$
and SSVs ''"r1~S.Thest~cftrack line )tLiy.atnnorth -.nd-sow~.-st ocn.'dv.-n the RO>c:l,
The longitudin31intma1 SUf\ee~ck li((SS\ .sand Swa:S"' O.'11)("sturl poinJ oftJ.e lons,itudinallinC'in
th sun'e}tr.tlinWtiset by~ rando1n s.elettion. ThiJ>longitodmr;uft'r~Cklinwa' :lu~ed
com:sponding tothe iC"t0\~hkh\~•r.'I'I\Otb}~n, glwgh d'Ctl::M:wdlpcrmd.
J) ThewestcmpatoArc<1\' (indud"eq or170'E tiln:s~ ~:auf''"'\1
1M r~ear an::wnuolllhofOO Sanfrm lti5.EUO~I~The~llngtpiint.snfS\H...17(";lh..-sun.~yt~ck
line \\lASk t zigz<tgin nonh westwarThe longitudi••alimLu~nIoutur$llr\nc;:t; linewu:n'°
rurSSVs inbolh nonh~uthdsernt\. ancinnonh :stratum11nd5"i'nsouth :stMun• for~d\11tack>ty!te
linofther~il allIsonetoothih~II()Rstr:mruttwoteetinth<e.$Qtra11,mrssv,,SVs.ltM')'on~\
toot" 1hcf!Orscr:uu:Mdt\.tccth in the ~~tuT mheSVs Sllt\'cwot«:tl~thenon1S;tt~and thn,.'('
teeth in:Kth.~nth-1m'1~u.1r.Jly)'Urvcdn this:.rcowas17~0E10IS~9E.f!dSSVSi:OuldS;un in)
thisubt~'i' Melduttol.hC'tlr<:.:a"icd(!l't of\IM 011l.Sfc:bruaf)'.l'he e-ntirer:esearchaclivitics were icUC>trup,tltC)nIS
FebruardoetrftfnC'itCtl!1N~-t.
Sc:arehin: dista.ort
fhe~tellti l3t'"hor-the SVs and th.:~SSsh(l"n in 11!b1'ht: t~rthi di>t.1I:~r~ II .968...87
n.mileC(lllin g(6.09 1,73 n.milt'sfor dK'two SVs and >,171.14n.mik$ rOtthe t.hr«SSVs ,
Wlutk &pt'C'iQgedh
F.ight -s:pocii.Jdil'ld$\o..u'wh;AImwei\id-mtiticd during theL'iodTublc 3hows tmm,l,lol
sW iliib) ll'k"SV and SSVs tO.s.~iCI~\I,ntg:t:bdy Ill•efollowint li\ c Spt'C:i:ts~:~(R ~.·c
oonlinncd: Anlarctic d~11etOnn 1ltinke, blue. fin 1Uldbunipbad;twoatoollwd whale mecics weo:
ronJtrmed~Jl(anm!iQuhtcm boutcnQSewhalt<.i
;\null\:tic minke whnk-swere the-most abundllnt sp« i<:si11cm~ Thenum~..-fliJm~itgingos
Antatt:tic:.mhlkc wh31tsresc;~.v~csc'M~ 1.02.1$Chooh(1.JMJlndh'iduat,). tn ad~huol1(.0s 1
!l'!diV'Ilt)1.pb01,\-hatl:s. .II schooiJ(.?67C~fiwnhales. $Choo{JJirtdi :~iof,~.. ,..al,'t
undS:!schOQif1i!WividuaQf~ thm~boltl.:n. hales\\'bsm~d.
Gfflgr~i tphu•C)liOtl
1).r\ntatminkY ~tillii~:S
The distrlbuo(sighting$of theAntarl!tk minb>SV.s:andSSVs.is -sho:~ln 6 al\d7rcs~ti. \el)
Ihe Anta~l mlnk-\~theas~ .,.idcly sributed heentir~rdl IU'I!a.A tlitconc~nt areiwan
coof'imll.-din th!l'Easl-Soulh sSe3)Few Antarc1mink "hnl\d-i~•n) llu.hnon.hi:mpan of the
~rth nrt'aoomparcd loth< sop.1ofthfn.~an:tL'3R~ ~~
1) u,m,pb.wh;~~
Tl'c diS1tion osl~ht irh.mpsatl.\\al~b) SVs-and S5Vs fs <ibOWF.tt~u3 :!d 9,re~1iV. cl)'
IIIJmpbitd:\\hB1e$WeftdiStribUtedin lparof IJ1\."SSmea.Th1~.siW!Iil$\C,Iappcd wth4~o>f!'
,\nlareliC'n'linkCwhale$ in thpI;tl1o( the rc~.1rbut hwnrbacl: voh\lli110c.tJ•~$it'he:
F.n.~~ tScf1lJROS$~) wlk.TC\n ll\m.:iwhale~w.;highly COQCtt\tatJed.
3) Fi~hales.
ThtdisaributicsWnin ofthe f"hak:.b) SV:.anSSV : town in f'i¥,un-.sIt.rc$lplvt·~ht fin
\~hea-has-similar dissrib\uioo pancm \\ith 1he-lutmpb\\t'widely d,sulbutcd IlJ~~et!h
:tt etXC'<fthesaotherM. These si$1tU\'o:rlil"'ith..>SoIf.:Anl. tnkc whalcth~ottJwm~ri
of the-researchltiIi\\ltli~tterttCl~~o- idtlw~1~1~So slut•n(fUm Sc<lwlkl'l'Antun."tkttlinJ.:c
\\b.<~~ereighJyoon1Xtllro.'h1,1
..!' B~othmles
Ihe:di!itribution ol'orbtuc whale$ b)'SVs-11nI~:,tiO\\n in FigurQ 12and 13, mpTbc luUIJ
ttigluing.;;~hallietltr~n:h :un Wrft' onl)'~h~"s'l.
;
225 Oto(il ) hHln :tlld nlfI5 1Ztt'hOO
I) Anl3rctk minkc whales
rabk -1shows dctlsit) indices (DI: nllmbcr or schn.mil.st.ht1n@istam;c)om~"a sflool sl.tt
(MSS) ofprnt. ~ihrnys of Anta.min.i"hales.b\~~' l~J nX"~r.Uu Int.~whul r!>C'<I'tha0and
MSS roSVs wen: 8.6 a~..rcspcctiHI)die~· (oftlssv..Dl and ''SS ''C.$ Mtl 2~p:cli, \Noel)'
rem1.a.bk differWCftobstrvcbeteM vesselt)pt'll1<MSS was$imilar1hrouaf10ul tht "'h.t2s.:s!i!;J.r\
n'e1)orAnw~ic nunkewiQJ\inthnonhcm pan of tf\.~h1\n-was lowecomrntc\\ ithdtu inthe $0uthl;!m
p11ro!'tJrl'$Ca:u-t:l.(St..'l).Dl \.,.a,sn:mari:ablyhigh in the-c;\reV. This I'(":$1lJnIdIicatc.J
dat ~eRoss $<:1i1s :.nimport:UUfi.·edingarC':f!orAntarcticminkc \\hales.
!'Humpbackwha~
Tobie 5 shows Dl and MSSof psi~lniyoftgspNck whak"5y \CSSeltype amt slr.uum. In r~:SdU'Cht'
are.'.\ Ot and M$S for SV-.wen-1~tfvdy .1.fon heSSVs the,.,.el.:l andn..~-pt lcrMh~Sty.
was similar through the whole resThr~hlwar~erkna~~hit;h the•lOStnllll.
3) F'in "'hales
Tllhle~how density i,.JkcsOI nnd pri.mB.si8J'tjng.s\\ilaby kind \~$dsand"ttaturn, ln.'he for
SV~ theIlatld~1MS\\ere O.J W 5.4. resl)«tivcly. for SSVs lht"SCwer~ 0.Li:I.llu._MSS"'>~*
simUilthrotJ ~hc"uolrese-arch :.rea. i r(m:Ltkably hithe: nonl1 Stnaia.
SampliiiJ or Anlllr('l~hJIr•nd fin'" halto$
I) Antar\:dcminke wttalts-
Oll ol'44school(1.04individunprimari(i&htcby SSVs..4.~~)1) .1127lndi'\oid\tal11.J.1rfor<
sampling. t\ tolal of 505animals were sampled (101 iP AA~a VN"E.334 iAr. .SE~(RO» Sc:a)},
Sampling cflicit •JCYwas 93.8 %. 1·hilhhig~t inccom~r iSiQtn()s.Cobtained 'i'ous JAitM
(Ur\ C)~ruc~kndlos.t occurred in onl) thrtt Case5.
1) f'inwhales
Outof 19 schools indiiduab) print:u$\t.-db) SSV~hoots(9 ill4i..,Wual.sin}\\ Cwge~ dcfor
~1mplnlg\ lUlal ofJ indi\\C's.1.mp!e.dS:unpl.ingemde ney wa.l\~l.tU=1111 o«un:('d.
l'Olgj:MI'~"n~b
Biolosica1 resewaiool\ilul!'h~~hn Nsc;:t1pfortwhlks srunpkTabl~7sumnt zat~ologi~ d~UI
andsampi~c"Hccud fronlti\n1tacmink.\'h;ale:s,8summ:.riz:iOIOgkadatand samples collec(ed !tom
the lin " 1\a/e$.The head and pan of the body <Jf 011<otand Silnkinto S\duringthpulling
onboo:rd the NM. Theronl~partial infonnatioo 'vas obcaiheMim<~1l..ltnd( was d-:nui.ned by
mokcutargm 1ianalysis..
f,rtli mh11~l$.)orbio~ciait'lrormllltion
I) <\r!l2Mil.!Vt.~k-sc
TableQ silOt\\~t'J~IO (l1..Sqi311)1, ) stratum. Figure I"':showsthe sighted pos\\ha~lofsampled
b) se.ICand repMcfuSl:~lrn~'-"<>IIu«<pltsw~ 171 indh•idl.&thew~. ~rtor Area VI ru\d the
Erut>·Nonb str.lArentiand3)4 indi,•idwls ~·Soutt hl1'1tum(!toss S«t) inArea V. Thtfatio of males..il\
the Easl-SoSlrJtu(Ros.•e-toJ\ tV.\~ 1.1.0% ttnd 66.1 , ElJ'Ncthe~retuir-\rcaV·rtm:altllt"
rnal...swen: w;ddy disl.ributc:\t1hrou~enrctareas. Matuttde\\t\dotnin#1-11t~nitenzsearch
art<Olh"' lh:&nthe:East-SoutJ1stmrum (Rm Sta),.Immature rni\\crnotsampd ln the East·Somh
sm tum (Ros:>S...-)ain Area V.we~cwidely disuibth~hout tfle whole f\"It aJ. Moturt !Cmak.'S
\HI'dM 1inan1in the:stoutb stra1um (Ross !ka) iFemalrecnstituted 69.4 ""ocoll~e am«pes
andth ~(('gtun'lt)' "''(-of m:tSas 75..{nIlk whole ti."Sf,.-9.3~r•fthpn.-wt#ferna!w~
C'OI'l !Ii.te~t·SlolhSlrlum(Ross~"~iJArc:av-.Table h0\\•$thc mean bodyIM-.Atnn. :ini.<:
wh1l~\rolle«c d in1ro~,l:tamimom length -was 9fOm"ales and 9.&6m fQCf;;: inirm•m lt'''nsth
.1.7-lma,'ld4.~Sfl'.o .;;li\dy
2) Fiwhn/~
Biological d~ollcs 1.fi~>dhali-shm\n in 1'-:0. ll lt<m1•lbod,length oftbc ccJtlin \\halt.-..;
was 21.15 WiLhbod\ll~o lshSt.021 \hsaIit$.-llapr¢gn( ~nt"n'M'II~:.
,,
226 •:xperimeiH$
It Sightingdtstln«- ai!XJ'«i~nl
A-sightfngdiSJanceand llllgk \\MprcfontWOfJ I Oetl.mb<r2(1(J6by SSVs.-ntc r~xpcrin1~nt"
will be ustd inc:srim:uingAK.S:!C()lwiUiimiidp~rr(nl oo 3i)('( :00;butiw:uintt'-''nlllf--'d
clue0 11nsuit<1bSle<aconditioos. KKI collsimil:lr\'\:(ci41tll)eSurvey period.
.!l'ht:n.o(lph"'().II)
l'able su.tntltMthe r..:wlt.sorche-photo--10etLa~ndu.1cdthrough0\11lhc ~~lirtanoas..:\
lfll.ll.olf !7 .fOiYidwlsephocogr u2phew'hkl$and~5humpbai!kwh:tlesl. ft:hool of blue
\\1tales and 12 5eholtumpb \a~e.:fhotc>,grsf n:m.ums~in\ i$Cwrcessfolly 13ktl' from on.:.
n\l,thcr~irtoblueand~i~OJ.l'f$hulflpb:t<:kwhales.
J·n~tcsull.$o(biqpsy $1Unplirl$
Tablr 13sun1marizct<:$Uof bi•y~mpUn.J;tiJtltlor 17ski:nbiopswcra~olll"Ctedfromblue \\h:lk...,
(n 11 tin whaks (n"'ll and h\~hl•dllIJ.i-t~lcso(biops)' samples were IDkcnfriltn mQCher:uwlcnl(
~ir .foumpb" ~'atJ~:.s
4) Su.ttt«g.s
YS1 attl.'mJICctdemcntof:asatellite tag on one M!hoolof Antwhalea -nm(l~)on !l J:.ttwtf)
:!007.A s3tcllitctan~hdtt<oocani.lua~•1ibdoa.1fn ll b<ld) lengl.hof thisanimal wa:n..-sainllltf;
8A m. Ht'"e.,.cr.tcp«~bllweeefoun\ lh the tnmsmissionanl.t<:~tt\'unStJC6Sfullyroauacha
iatcll~:t~~ng.choolor Anmn:ticminkc\\haniln5 oa3 Jnl.l:l.f)2':007
5) ThCle1."tiOO:e(l:I..:(M)n'I:)'S
Table 1~ho\\-:.nun::orf.X'"(:a lidatcou)~schescCTDand XCTD casd 1condu..:1ed1and88
locati n:siC'dt)(Fi~ S~. E.PMif' '1\'\IoSonducced ICc62 d!Y$by KS2 b~YSZintotal. KS2
t.:onducaquantiWi'o'ta::ho sounder$1.lt\C)0\ '62 da)s in lht'I'C$Canart:\, Koo~Wtt•fl.:'
sampling of"prC')(~rlib)Lhe IKMT~J8 IOOtlionsin thewhole rescan.•harea(Fir un.o16).
6)Th~milrirted(br-is
Thefl'lidebriwrve)''t.S;nrout<ooc-mitantwith lhc sightiofth~SVs in ~arth atC'0A toULI
of scven libull'w~~nrun<t.Allnf th•OJSwc:reobscn«Jt~n£ast•Nt.~~tuhm'IfArV, In this An"a,
mored~. an\'.\Tll:ltuochfIOog•lil'l~h \e!iS \\CdObseid. Th~me kit1uff1~ihbw)'S W(n.'
onboarddlCfi:s''les.o d;~·i.$hiar.
IJISCIISSION
·l'pn-semp~r reported1Mresultso~ndherea~ib -il'·v}d1cJARJ~ A.1he nliiinn-suhs of tht'stNond
fmitailil) S:an b<-summari1.r-das-l'ollows:
I) Th.Atl); n~iicwtales"e~\\~d' dlsib.ucd in the-cnlln- re$elltch arta ahhoub)~.s~~ndc,gulilm
rcproducti\u;cv.-obr~tdo'O.01 ~howdtat Anlarcrk nlv.~J \$re~\Ctl"lttinlli'lmem:~rin
the EMl·Siluthsu1uuneSc:;com1"rW to th.:.F.oh$~rntuim;\rt-a V a"d\\C~c f\m1IfArC~VI
(Table4). Fnnales wero:dbrr'Ent~>Suul$C~t!(tm5SS(';lAt\ .and mBicsin the Ea.sMnltumh
of Al"<"'\'a awe..~lpnnmafA~a VI.\1wre1nnl\ ~\ dotninant in aU the res-catch 1114thelthct
1.\IJSl·suatUi(R~sSea)of 1\.V. Noinu•t~ 11U~'Is~ta:pled in the.East-South(Ros-sSa.) of
r\rev.lhci'emal\\Crwidl'tydi$lri111\lUihthe .f\.~(ed!<$tTeCCOI'ICnll orpregnant females.
w;ahigh inthe:Wt-Squl h st:FSe:lin~a V
2ttlumpbatl: ond fm whale'ycgal..-dft<)l'tnhe Anlaftlic;mint.ewhoarc.1.the res<:tteh
H\lmpbac;kOll'ltdin whales \\Crc dominmt in d)Cnrd(amh1r~but not h~so1.nlwrat(suci:l
tfwR~ S\.oa)"hc:rt"t\nta(('~haliwtrehi£hly l-"'ncentr.suggt~Ci'idthoatufhumpbnck nnd
l1whal~i.similar tolli\nt1rfmik1whales.
rhe-ol)jecth'e$ of this f..:~crbI) to \'X3mincthe pcactic1tppropfand 'fS'tttn,~~:, in
theti'II 1I'\.'aln.2)ao examinethe prnctioynd.1ppmpri of1m~'ttJnrc$dun;sfor lht intrebe d
sample siorAm;~r 'nil'c~l! <n'l)1.e:snne the:pranicability l.ofhuminth~uling. l.g and,n
biolgi-calS!ig appltt..l10 the laJ1!es-izc:d\\halt-s. J·.or the i'casibil.tnta:rm~ikca IOC<o'fIf8SO-t/-1(11!
\\halt'$and 10 tin \\'hales:werS<'!nlpl.rr;:~ttit.n objc.:t~felltc:!Sffe.1~b~iulr.t)e
(l"'llo~.lil\t-.lhtai·d.:
7
227 J)'rbpnu j~lol id appro lcn.orsiglltmg OlC'lhthi.•c-nlaf:},~d
Thi! .;n\\'Ipl11m11:~'Q\ ilfnitudina!>puor 8S., [rom IWE tO 14thttn'ea~l)Ooom.bcr to la1c
Mardi1\'11to pmvidt $1."a1Ct!hRbr11n1\n"VE Juring, Utepeak f«dlng k'iiMbuJ~\f"Cnl.e:.e
Slli.:(es~overlalof th;'~ill~"p~JW ft(ii.30'10 159·inth.<.'tf thSVs~nJfrtmIJ,O~tE17tJ"E
In tC11s>f tile SSVs. Thi(1\I1~>!leMinterfere-:< arrda«-id<~nttht NM. If ac~tt d¢anmiL
~um-d, all rofN$e'lltclt(\)\.ild ha,•co\>cr~llo tlflhi~r•..k."!lbillplpropri .l(t-nc:-.
"igluht8metho'1\'thettfore'lnntd.
1)Samplinp~C'dur {n.\ thim.Ttil54lmpks.iand addltio~pec.ics.
Out"rJ43sttl'-"'isofprimllrilysightmin~twhah b) SSVs..438-sct\\trUlfSChll'-1'mplin2. Ah'ltnl
of 505individua\\W ~,m pX with snmpUngcfficimq of '-O utor 10 schoo157 iihlidUll5)"rimaril)
-sig.htcd\~tslbys'sv~3 ohooh(9 fndi"idullls)were tforumpl h\!f·AtoUIJof) indl\·idu:lls\\Cru.amplcd
wid""~lme pflineg~.fIy{.~· t,nsidering this.kiyh sampHngd1kienc)':.ndhigh ronct'luttcdonof tbc lafSto
Whl•lt speirthe~mh are-:.."'e COfldUIJ(ts:plni~proccd.uS~d \~~ pmtticnJ;and approfOfntc:
the inc:rnurnbcl)......,
l) Ml'tiMMhror c:ucftin,g, Oensifl£andt"'ean1~1lcof•.:tbod··~..d. lin whu,l.e:c
.AitfiOUg,bit kJOk long\...-lo ClRll~:utenddi$~C,tnwhalt~than in the of lhl\1\Ut~ •l;k.:
whni h.\flt.pro~. \-1$soducted SlnOl) a.w.ts.ucce.Itapt)(';tted,ho""'ch·r, tlwo.:111f thl'n
mclhod..;\\~ONquir\'d in (uturt:fiX-sampling fin whale$Jarbod ~ngthCit~~hi c:!I6t!Itn
l••dy• ·<igl.>.
Wetoncl11th~tteCUtl'tn e~$'1rtd\ (hefd:sihilh) O(tJh: JARPAII
ACKSOWLKOF.GMENT S
\\'toarcindebttd toOr. Hiroshi Hatannka.dartlw!CR.0.Y~hihi frji.ie',dit«tiCWoa.:\t1-iltll'ik
\loronukl.the-go,·mt mentof Japan forimplnf thr~tl. \V thnn.re~h t ~hnki,n.~~cs~.V"-"uhi~'
\lur.aLCbinori1\ s:thintl. t-:o.ji SnhoaDdKciji hau.raofKyodo Scnp.,ku KaisyaLtd. f<lftheircontribution. Mr.Susunlu hetof
th<Gowmmcrl(or J11p11)n(,n'ed as onboord iaralso indtbt(d to~tt.woollcagunofthc ICR.andcllKt
lri~lvo~\OohjXU1kip!LlcdIn,~,o; ror their COfltrbiutions. Wt would like to thank lhc Cio\'Cfflilk'f\1of Jarm fot
p!O\•i..ti,gti~pponlfor tte:,Scttn:h.
REFERENCES
1\ non 1005. Repot1 oR~vlc.\k~t" ifttgJ~ nese Wtl:aR~-arc PNgnlftu~e: SpeciaP.~.-miitl!
Aotl:in:tk(Jr<.~1.by1tc<o1~'flt of a.'nToty.:o, 18·20 Januar. -fpp.2
(~tvnl DlcP.-r.i,S01ocJJ~wni. IJ99.\lpdatcd rc:gulllll)'. -N\".lfrc-al·tinlt.tOMSP SS~/I dail)'polar gtiddlcd
~«.~t-·lnn1i.•F.ib;by JM:ull ~nand J, Stnl'C'\cl.C();N;aitonlll Sno\\ and k c O. "Digital
n•edia.
Qo\cmmcolof bp.a.:oos'.a.nforthe ScPhas of.t·JiS~I' Ihae RtS.C'1l~rog UrImctSp«ia l Pcrm1t ln
the Antarctic(JARI'A II) -Monitoring,of the)SCCnlnd Ot\d opmcmofNe\\ Ma:nftcrnObj«1•\c~
fC!fWhalt' Resources..l'ap."tSC/5710 1pr6t'ntcdto the IWC Scientifi(unpouble)i9?1p.005
l~lb. wH.Murasc. l l.• taw<.Yuzu.$..Olani. ~ogo c.\l asald.T- t.:.imurnsima.1'.. Konii,J!I.i'I .•
Asad1.. .•l'uktJ.1mdKinoshiln..1. 2000, C:rui:S-Rceportof the-J1pancsc WhaleRes-earch PrQgratnunderSpecial
.,crmit ill\~lil~UARf'MMe1 1\'tnd Eo.c Pan of Arc-al9Q9~0 .01pCS{"l s.!fptcscrntd to the
IWC S.;i.er1_ommiiU.~tly 1000(unpublbhcd).1Spp .
IW('. 1'>9,8kt:C'Illnletf:)>~i\ lf~g.;ru.p 10R<"iew 1A116Reshu~fro'" Sp« i1l PRc~-arcon
Mf11e\Iul~llthcAnlar...flyo.1::01:6·nUt) IQln, S,I. 377-J90. Rt;P, IN1' CVM,\IN -'8, 11)93
IWC. !006. Rt.-ponor,uenm io.lWoli.: ~pft<!l.D.aMtd ltcwh\ fr(lmSptP~fmh il~rt hn Minke
Wl~lli-tt Antarctic,.Toky~«mbC' r006.SCtS91REI>I. 48pP.
Nish.iwal., oh):una, 0., Y. ., 6a""o, r,. \\'3(li1Wb.e. .. To.k«ta. 5,, ;,Otosc:..OKubo.
J.,T'tul$ui. Suuki, M. und Kinoshil2, O uis9Rtpon of i.Japan~ Whalefte;<; lr.hMiutl<kr
spc-cillJPcnmt i\ntar (AkP.)Area V andWcstemPan oAre.1Vin IQ98ICJQrapeSC'~II0f 2l0'~nttd
10the1\\'ScioentcC~~i runeI_:199(unpohli'lhed).J.Opp.
P'Aslc- .A. 2(\\lhado\ \1\J)ohotul.~ockseru<:turthAn!ai c 111iwl\aleA , unmuuufe~ut,Jird1
bypothCSCSP-.ape-rSCJD0p~sektdto the JARPA Rt\ icw me~ 'me·er2006. 2-lpp.
Yasunll.gil.0.. Fuji!..:,Y., W 1hani, R.. llooda. K. aDdKalo. B. 1006. \'e11lt)'tttnd oftmi.'C'dc.mentattumo lalfl)nin IIH'f
ol \nlt~r mi'ni.~aes.Old,~U t!rh'Ni!I"'.rP.apct S/06 128 prC'SC'dIn1e0 tht.-JARPnk'i~nt_J;;.
r)\.'tt2006.llpp .
228T:.lble I. Outline o(lhe 1006/1007r~scfh3ti1ol'iies.
,... ...
•o.=i . •
,.,....,.. ··'ol- ,,._..,.,.1.,. ,.:=""' •
'!1- "" •
~ ~ ~. !- • •
... •
..... "•-vla!t..r.t·'-·.""-..,, It_ i: ~.~ •
I " .. - ~~:"!: . •
'·-·~""""' •
~ ~
I
• •
lhete:oww.~flt.Mft.tn~•• R-nv-...-1\flof ';; ;;·;;;·;;,;, • .
•
~~
Tab le 2. Starcd~llan c,eslt·s) of~g1higvcssc.l(SVs) 1~hdsigluiI~ mp~li'~g"S:ssd
(SSVs) in eaSlnatum.
sv. SSVs;
'""' F; \\' Sr;~~~.Dt:0..'1$'ASr S\lh(" liNSC' ASP SutMi11(;mOOtolal
l'fonh ~1.9$ 19-&Al 7$6.371.009.29 0.00 1.1»?9 1.76.5.66
VI Wcsl SCIUih 531.(18 189.S7 721.25 153-18S 0.00 1.11-US ., lj(:..Ji)
SNonbnlll1.7.47l6JS60.262.107.7J1.661.31 N.3J(11.690.86J.i'liUO
SoUth 166$.00 607JJI1.27lS8 1M2. I-I u.oo 1.61!.1-*1.111S..02
v """ Sub.Cl)ll.).212.41.68.144..180<>3.)61.45 !951 UIJ.OO 771:l.GI
Nonll 74.lb l2l<'l ir7,25 o..:.• (1.00 0.00 97.2.~
Wo1 Slb-ii)W IJl)g.25 .3~.1: 1llltlS OM00 0,00) 0.00 l3.J~15
G1011nl10!ill --S().JlS1-Sit7l6.(}9171S.IU7,9) 2"H:S .S.Im.l-I IJ61t,81
Table 3. Swnmary of whalesig.o;nductL-dby SVs1mdSSV!~"h oelerchtil'e3S.
1 .,._ :S~\' r........,,
"...... • ... 1...s""a.l....1>1....lo l.......,.,I... ,_ '"'... ,..,....
lwlri:!O,....., lllf"'l ,.,1.1)Ul 1.1\11'... 1..."'.~.tt'~ I'II"'
u.;.r.f,•n""'*l,.r.I.c-IO •" I ' ' • • I ..' ' I ' • • I ""'
......... • • ' ' • " • J 'I • . " "1' I . • I•
......~Ita .. ... ill II"", .. "ll .. Ill ' " ' ., IJI... l" I .. II K•
............. " • I >' • •• ' ,. "'' l " "'
.......:;;::boo,...II " "II " .. •• "' •I I "' ", .fl .. I "• '1 ••
' " " "' " "
9
229 Tnb lc 4. (Ait) indices(01. numberofschools pnmil~)t 'etn-choolsize(MS$) oAn~t tic
minlo.c\\hale prim. 1ings bySV aSSV~s
sv.) ssv~
o:.w Stnllu._..'IJ Nlt.IC II\\~1111\J.tS~"M..~ AI!Qtni.U~C
"'" (n.lllil~¢h..t~ ·~!fl (l'.ll !ileo;jj,.J~!_I!l
156.31 ""' 20l MS.!. ,...,,.~ch '" r.ijS
\V~I """' 7.!125 l<l Il 41 l' I.~IS ~. · '"' H
"' C:"\'bttA171.! JO 29 2.$"lol "J J5
2.1()1.73" '.. ... " I.C0t'.J "' 1.11 ,. J-:1
Eos• Sub!!lU~c~lt.l ..... 9.U7 11)2 lO 333~)1 »J .,.., ){18 l I
if7_Z5 l.l "" "''
" w~ """" 20 ." '" 1!
Sub ll:l""''.$(1 .. UJ ••
(jra..Jk)tlt>OOI."tl"r. I !H. •• 5.1"771..1, 1.1J.t] '.L
" "
whale primarysightibySV~1and SSVs.reof schools per 100 n.mill"!)>and meanschoolsiz-eCMS$)of humpb.'llck
~h~ Uwnptl-."t~ S.:.chlll$ l hlll!\\IW..
·~ fN SIDI!adr.~ (flt'wn."' ~£!!!1'11:.1d" l;mr.:.tJ'mlo"-:"~•!!!
In~! Sch. 0 1 MSS (.u nik:..\ lnd 01 MSS
No)nh 7$(,37 20 ", , ,. l l t.009.2'fII 11
VI Woe Slluth 721:1$ ' 11 I 0 ~~--~ " 01 "
SNol\lll2.1'1.1>249 .. 2J I 8 1.(1911.~" " J.l ""
.l)OIIt2.212..$$ 0 0 I,Ml.N '' .. O,l ..
~· ~uhlil..SJ&0.61 .. •• •II I 8 U3JW ' 95 1.7
" Nollh .,.. • 10 61 17 " "
\\'1;:South 136..25 ,, " .. ••
Onndro blb1ou(>,0017Jil 171 •• "
•• 15 •• 5.871N &> Ill " "'
·table 6. Dtnsity india·s 1bcr-ofschool$per 100 n.mllcs) andmeanschoolsize{MSS)or lin whale
primary sigjttingsbySVsandSSV$.
SVs !1""_V$
o,w Suwum hHifuks S~d-. F~n"~b
A"" dt>laJICe 1Pm1.:~llhtllll.l d,t~o: ~PM!!);ll!l!!!l'l!!
,.,....u7Y, .)7d1 IN17 .... MS,, tnmi.-) SeIL 1.,.. UOA M.,
VI \\ e.,'i<Ml!ll121.25 ' I;S).t~9 I I 01
Subta1.3l..i77.ti2• 17 •• H 2 54.1 1..1 ., ••
2!0u. II .. 05 1.~86 ,' ll<l 03 ?J
1- l>"s",...2.112.88 • • •• " 11\.P U • • ••
v .Su~atl .J.It0.6!II Ol 1:\ :>JH 00 " "" 0 . ?l
"1:!>1 Itt,!.~ 0 "• •• 00
l)utol.tllll.l<l 0 0 ••
CirIIOul ~0917} 18 ,,, ., ~' U171..1 1$6 0.3 l!L
"
10
230Tublt' 7. Surnm:u)'ofbiOiogicaJd:a~ampd :.electLhun Amarcticmi1l.e. whall-s.
NumJxt ofwli;ek$
Sarnrks~and1111
Atuarcdt ni.inke'-"holes
Male Fcmla~ Tofa)
PhOCO£tlllti~.~ cfMl.-nl.:hllrnctC>r IS.f lSI sos
Bodylength an$CXicknzirkm3 ISJ lSO so;
~kasurem cfxtl!malbod) prupordon 154 JS I 505
Rod)wcighr
65 5·' 119
Ood)weightby t01'~ei ogpansl 13 I~ 28
Sl.uok".:.. (Se&lfetd~~:tnt) Ill J46 497
Standarme3SUrelfhofblublx..-t11id(tw·o pomtsl 154 JSI 50S
l,ac~i $o.'UIIS lSI >3•
Mta.~ure of Oenntm!lls)land
350 350
Testis wt'isJu 154 154
Weiglnofst:omt<:ontt'lll 141 327 469
f"lw:KOf:lrtroro(fctu".'
ll9 113 258'
fetal k-ogthand wcig,tu 1)1 Ill 255'
Ola1omlilrnobs:eMtion IS4 3-IK SOl
Bloodplasm3forphystOiogkalslud>' lSI ).9 500
~!ug for11.-le"1rm1ioati0fl 15tl lll 505
Ocubr lem for a.&cdcltmlinonion
6<· 114 180
Tympanicbone(Ictlcmitanal~l>is 18 28 46
Largtst baleen piau: for<lna•si)~ 154 J.$1
Vtrteb~lh y.kspsamplt: 50'
139 321 466
0\'at) ' lS I 351
HistologicalsampleofendOOMrium
29 29
lli$tOiog:o.af onrammurygtaa~ lS I 351
MilkSllmpk fch~mic analysis 0 0
~listol slgpleafes•is 154 15-1
Skinand livertissues lix udyclic.lt> 154 351 505
Olut>!•-osetand hvct~I. fr..'S1\VJr...-wlifl~t,.II'IW>II!tt'lnIS<g JSI
505
Lung<Uidlh'cr liMor amonill)rin~& 22 2.1 47
Ma.crpat~ hocloll)scr thy'J~,tung.,siClnlndLg,onadnndli\tt) 15J 351 505
TiSSue$ (Ofi~31ioOgic::udl
82 160 242
TissuestOvariousstudies(mle, blubbr:r• J 3 6
Tissul$ rroo sl'ud(muscle. blubber.,-l.t'IN\..e) 4 0 0
StomachcontentSfor foodru\d fe~lud 24 06 90
StomachCOflli!fOr(•nviroomcnralmoniiorirl£ 4 20 :!4
Exten'1p.Jrosites II
I
lnlemaJparasites I • 7
Fetus I 7'
Fetus ocular lenagtdctc-i onoi~t:u .. 45 109
Fetalskin lOrgenetics.1udy 1;7 lOS 252•
Spcnmtogtnic cd(QrI'\1Udcml3tidinjectiCtn 1 I
B">Ods.ampks f~'l. '(d}(tk 6 4 111
Placent.t
0 0 0
• i(l(:ft3gfeluofSO;wtickntifJC,\1
II
231 Table 8. Summary'o . f biologicald.:tlaandsample\tollt:ttcd fromrin\\lllalelt.
Mnlc f'tlnuk TCM:~I•
l'botugtapblct«md ol,;.-\t.:rnufthat!JI:ta I I ~
Hod ~f¥11 .0&exKlcnctfscutMJII I
·' rllll lr-\n' nxOO·pn.'fll'ftlllCI I J
Uud)Ylt•;hy10t11\\l¢orp.1r11
I '
Sl"lI~QI.tCmt MIlh Jttldbf(li!Jtb;
l~•l k JaucrancMbl~rlhlc~ tlbw1 ~lnunl I !
IJK._.IJOut Jl..
Mnbl.atm:l'lnumtaf)1l_iJ
Hlnd tmtailftnll<1llltn 11t hum
T¢Siis \\CI~
F.ridtd)"'"~
''(•hor,,., ;xhCiktlt
"'"'*" t.~otdo(feb# '
l'dlkn!;.ndW~1&;J!f
I \kmlmc:II).U_t efl\\'-
N~ofritt';
Nwnbotrf\~mhr!ll.'
l)latotnfsar~h:000
Oloopta~ m01pb),IO!ugia llU11d)
Llllf!fi• aik!cfmlll,l !XII'I
Ocul•l ltt~ ~ton
T "";u.-h(l ~w c~tti anlh·Ms
1~1 ~ t~ t,n...,.'"hiW.I'~"
Nw*r undktqphofb:ll\"':orlilk"l
l~kn;:th '
VC11tbtC'pq!h)t~mpk
l
I
""''W!opc;al ~olQdo~clniD'I I
lht~~nkopr; urn!IiIIIcJll.lk I I
MiD.tomllff<dlemlcal MUIIp;ts • •
lt.doo~ l"' ,ft.ts
llll SI'(lf.a'lufq~idld)ttli$
Sbn an.llt\·~U( l'rmc'fiCstud)
3
Ullilt!btt ,Mid1hltIIIJSIr.CfiHn'l llmtn tlll ai)IIIIQIIII& J
Lill.-Ill'atiuuetG!rsmotiJIIIIVIf 1
MIIC'u,rb~alojpa~ll.l lb'04,t..1lt0\I1\granullttndk\UJ 1
T~' (\)!'k\t.llf* M~Wk-.1
Tnwt~ f\'1'tJ IIIUI)»S '
(nu·dc., bH:r,l. 1dn9. 1\ttrll:n•I blubbrrl J
ltSs..fo)tlkttucJl)ltJ>dc , llln , bl.nr}) I l J
f"wetIQJ\ -.1~~ilb1nmUKk•,b!IAIIxf)
• I
Titsw4fOf(o.>J)4\(m~"'·bl\lbber. \IfOO\'C) • 0
T~JMI f!JIl,f.!ttciNhtud.)(n.oc:ir blubm:lt I • J
S11)111o:h~l' fl10l1111«4l"' Sh.d) ' l
Sllii'IIOCb (Of«nl\lfOOmenmlOI'IIl:OfUI£ •
~IUrnacbro tnlhc.nWYJtt I 0 I
1::\.kmJlllt611~ 0
htu:nW(JiWUS•~ (I (I 0
Fdln. 0 0 •
F~t u•* km. for ddnnUIIllhtlll I
h:uJ,.l ',flltaltC)I' I 0
IIIOo511111,,'c. Cfstd)l" I
I
IW«n pbr.:s"" .:dut111111t\1ulllo:lb•lton II I)
T)~·"* honelitlllll"Jl"INI ~tu!Ht~C~n 0 0
l'ottbont («td~• Oftollulbrta-~tt 0 I I
IZ
232 Tttblc 9. Rcpro<hlCtivsctmusof Antare1icminke\\'1\alessampled in2006/2007JARPAII. rvtaturityof males
\'as ttntali\'d) defined b} tes1is\\tight accordit1986).•RcSti rp~n;senl$non-pregnantmature
f('msk withoutcorpus luHm.and"On •lating" represcmsfemale that d<nus luteum butfl.\\<15~ot
obs<Ned.
MeI..: f'<-mak
\f!Aun:
Slr.ltum Tood
IJNftlllu.MIJfllli'otallnrrntlur<N'o·rregmM Ptq:Jkl'" Tol>ll
0\\Jbl.ilR~oi"n:PtegBartt l.(tl..•uuing
0 0 0 0 0 0 0
/\ll'3W~ -Nonh " " "
- - -
17 34 ll 1- 1-1 0 0 0 --19 10
1\ll:iiVE·Nonfl 33.3% (16.7n·~~'l) 57,'1'-t O.M"B >11~.
OJl'!< o.~fl 17.1"-
,\f<'.VIbt·Nunh l 23 1& ~ 0 ~ 5 0 16
17.Jh..821~i.~3.6'' 59,3"· 0.0% ll.S1. JU% 0.0% 36.-1% ''
NortiL-mSlr.ill1 2Z 57 79 211 0 2 13 0 lS 114
CTutatJ :u.s.,• 72.2 ~9.J'!-t57.Ho 0.0% s.,. 37.10.11(1.~ 30.N
0 0 0 0 0 0 n
1\n.~ W~·SIJU(h 0 0 0
- - - -
0 40 40 30 16 242 0 ,'12 B~
An:oat~·~lll h~o:.s) •
~~~ 100.1)\ll.lr.. 10,3% 1.$ S.S% 82.90~ 0.1)% 8lt.(ffl.
J 1• 35 13 n 2 7 0 2l ;)
An:.aVW~-$oo(h 20.~. .4 .t,6 1.4% o...- '1.1% 31.8% o.oo-. 33.fJ%
s~.l"''
SoulhcmS~r.~~A I 68 75 -43 • 18 149 0 )14 Jll9
fiOiaiJ 9.3.. 9(1,,.19.3% 13.7% I.J% 5."> 79.3% 0.0,. 80.'7%
29 125 ,,. S(l)
Con'il~b.-d 154 6J • 20 262 •
18.8% Ill.~ &0.6% 18.,.. 1.1... 5.1% 75 I% ..... 69.4%
• \\Ofcmnk!\1tunknownmatunt)Slatw..
Table 10. Somebiologic:aJinfom1a1ionn liwhales $illllpk"din 2006/2007JARPAII.
Dm.c:of Bodyweigh&
No. Oodyle!11<1h x~ restis weigh! Rq>l\lducli\Rcm:t.rb
c;atun= (m) (ton) • <VRk .aJ infonwnion
POOl Jan. 3.2007 F
f'tl()lJan. 5. 2007 20.67 51.62 M 8.!0 19.80
Fe1ale<>glh
FOOl F<b.2. 2007 21.1S 6S.02 F PregRU!\1 24JAcm
• Bod) wdghi"ns n-prncntc.~ytotnl wcighiorbo~11S
IJ
233 Table II. 1\\etage bodle1l t(m) wil11standard de'iation (S.D.) andlct~) rnst:hfAn~.i cal'!tte
wh.alessampledinc.achsttt~ Mtalurn)'or mnlt-swas definedas1Sblc:9
s~"S Male: r~ma.k
~131\lrit) Maluf\' lrnt~tre i\ lill lil\: ln~tun:
Slnll:ml AH.'fll Ml~..\N Ah·ra_gcMi." N 1\\t''C .~lt.l N (\~~(' \1.u N
SJJ. Min ~.1) Misl &0 . Min s.o. Mill.
. . .
\MJ V Wrsl-Nmtl!
8.l7 9.0S 6.50 ?•.W 8.66 q,.o 6.17 ll.l).l
1\~V I~~Nonb 3< 17
OAI 7..11 0.61 S.% Ct.J7 S.O)C I .OJ 4.1)7 "
AI'\!JV\IVC)t-i'\ontl 11.21 ?..15 !1 <.'H l.SS ~.ll.9 1.2~ 7.35---s.lz
o..n 1.SI 1.24 4.74 l OcS5 7.67 : f 0,70 6.l5
An"'.W~t·Sn~fl . . . . .
An-aV ~:·SO tUIRo:.s' 8.24 9.05 lO . lt32 ll.11661, 7.tcS 9.03 30
OAO 7.1~ O.jJ 7.83 ~ Oll 6.3.5
8.2-1 8JS3 7Jl 8.51 8.77 9.2.7 q 6.80 8.26
AtcaVI Wc.s.-tSotah ().37 7~7 27 OM 6.33 1 0.26 8.48 0.(t.5
"
'·""
Tobie 12.Summllt)'ofphuto·ID.
A~a VI Arta V
Spe<'icS West Wts t Eas-r TO Ill I
Not1h ~lith North Soulh Noreh South
B...e whtllc 2 2
ICuntpback,"1l:lle 6 10 25
Tca111 6 0 0 !7
u 21 0
Tub le tJ.S11nunaryof biopssamplin~.
Aru.V I AruV
\Vut Wut £1U1 Tot•I
North Situlh North lWuth Ncn111St,~ulh
0~\\ftalr:
l'i\\fl;l~ J J
ltumpNc._\\fuk 1 10 IJ
1 (I
" " " "
234235 fijlur21M pinciple des.o(,.. urC'llineofSV'\Nu.cdon lht minuniLm
to•
Fi~u rllw pnnciplc design I'\e) lmd;or~ve~~rromIhemininUIl nil..
,.
236 FigurJ Sun·crscline Seihgcl1ofSVin2006i2007Ji'\RPAII.
IIJ"E UO"E llO"E 160'E 170'"e110" IWW IEOW llO"W
fi)
62'S
64'S
ws
68'S
~
71rS
72'S
14'$
76'S
78'S
fi2ur5.Survey trucofSSVin200612JJ\RPAtl.
17
237 ID"E I.CO"E 150"'E 160'E li'D"'E19)" 170"W IOO"W 150'W
ro~~~~~~~~~~~~~~~~~~~~ .~~
.,.~ • I
6S~Ii--...-
68"S
70'S
n'S
74~
70"_
• AntBrClc mkewhale
~~~~~~~~~ ~~~~~
Figut~6. llislribuJtonurprimllrysighdng:so-r r\e\~haliegsl\.-db)'SVs
in::0?0:JARI'All.
l:'O'E UO'E l!il'E 160'l0 1110' 170W 100W l!ll'\V
OO'S
62'S
&<'S
6S'S
68~
70'S
11'S
,.~
76'S
• AntarcDc inkewhale
Figure 7. Di1.r1ibutionry !>u)lnS$ufAntarlcicminke \\hales-sighi«Jb) SSVsin
.::?:()(JA7RI,AI L
238 13:1'£ 1.0'E 150'E lEO'E 170'E 18J" 17f1W 1W'W lEOW
• a ...
..... ~~ • ..
.. a ..
""'
~
68'S •••
70'S
72'S
76'S
• Humpbackwhale
f igur8. Oislribulionof prisighting$ of humpback \\hatessighted by SVs in
200612007JARPAII.
lll'E 1lO'E 19:1'1:160'1: 110'1: 160° 170W 160'W 150W
eo
62'S
...
64'S A•
66'S
68'S
IO'S
72'S
74'S
76'S
"' Humpbackwhale
Figure 9.1)inribmiouofprim:ungsofhumpNckwhale>sightedb!-SSVsin2:00617ARI,AII.
1V
239 ·~"~~~~·~~e~~·oo~~~~·~r o~~~~~~~~~'"o~~~~·~~·~~·~nrw~~~
ro~, ~
62'S
6-1~
66~,...~.~.
68'S
lll'S
71'S
7'~
.•
• Finwnale
F'ig urDklributionof sightolnwhlllessibySVsin200612007JARPAII.
ID~ I<IO"E100~ IOO'E110~
fill'S
62'$
60'S .- •
66'S
68~
70~
~
'~
76~
• Fmv.llale
figure 11. Distribution Qfprimal)' 5igh1ings of lin whAlessighlcd by SSVs in 200612007
JARI'AII.
240 llrE IIID"E t!.D"E 160'10 170W 19l"W 19:l"W
: [~
64'S
66'S,,. ....~
68'S
70'S
n'S
74'S
75'S
78'S • ~•whale
Figur e 12. l)isorprimarysighlobluewhnJcssighted b)'SV5in20061=007J/\RPAII.
ID'10 140'E ISO'E
IOO'E 1)\)'E IIIJ' t70W 160'W 151l'W
60'S
62'S
•
64'S •
66'S
68'S
70'S
72'S
74'S
75'S
• Bluewha!o
78'S
figure 13. Distributionnfprimaorblue\\hasighlcdbySSVs2006120JARPAII.
21
241 ...... ...... .... ., . ....
""" '"""
L'S
I ,.
I ' '
-~
....
•
'
tm.t.•.M~o~l~
. :orn.UFA!f"'Iii
. ... u.feonN
Figure 1-'. SishLc.-do(ssampJcd Antarctic minke whaSC:ond 1\."f)vleuic
"""''i20061207JARI'AII.
1lJ'E 1.a'E l!ll"E 160"£ 110"e 180" 170"W 1WW 150'W
60'S
62'S 00 I 0
0
64'S
66'S
68'S
70'S
72'S
74'S
76"S
78'S § "
li'igurr JARPAII(dn:tc: CTD!i1Diic.ncsr,oss:xC1·osuulons).c~00612007
242 ... ... ow o ... ...
-· -·
w
\
.. ' ...,.; I 4 ~ I f
'•,' a\ • I ~~1\"-,A
...
.,
Fi~ur1. Pn:-dth:m1ined survey track line of KKI and IKMT
uianglmrgeIKlviT smti0112006/1007lKMT suuions; open
JARI'AII.
_,
243Annex 59: Ishikawa, Hajime et al, Cruise Report of the Second Phase of the
Japanese Whale Research Program under Special Permit in the
Antarctic (JARPA II) in 2007/2008, SC/60/04
Crui s ~port or the Second Ph:.se of the Japanese Whale Research
Program under Special Permitin the Antarctic(JARPAll) in 2007/2008
lbynN l~i\J '~\Wa~ Goeo".Tamo,-d~-a· l"-c:tw8ilndo• 161\bt.;~." l'llllaW)-".s.l.o
1
J\tmap 1'. \laW.t\Iori ''. \'b1~•d•'"-a.f~li()hs.,'tf~aMi f"LU1o._'e'1chisa Ko)-.1:1@'".•:
~ .....: .'S.tu•M~•* ~- '-.o ~-""~~ R)u ..\l~lu•n k C'iw,.a...u.n \bt~ ow·~
t...IIJI\Jl, a\fiKoraH~11''T.omohil..o\ ori". \M~YllfatCITaJ.a\ oshllib
c·fNII•'-'''"il'l'~'<JtWJfiJP
IdJwhrrll tlfWCo'JRI'"""IWtTtl)li 'U,.Iffvoi.fl4..~"l'~
JlAH"l\crlf Nu\'J/l(4.J1ti}YiC ml~¥~1r&w/IUtKI kf•wr
.fltv.fll<lfrtt'rrrmmm Mtal ~-e_uJil~ttVr\..,.\1nJfu,lf,JJIJ.klloqJf.,~Jlwlf
IItir.ll" ~hJM~tlM~"M '"l14T'f'ri c~,nc•Df ''l":'~."~'r.ilIt ~l•ilo~t"'t'kmrl;Sfl.l\d
~·IIA'illJO/,.(.7 AQtN'IJt.Tu.l)ot/(J8JoJ~mN.
$) L}q!t,oI~~tGIr_,_.f:J'~<l(0.Y<JOJ t'll~',.~·,.JI/Orii~\J..:11mlSlt<.C •~ffJo'
1:1119'f>rliJ
r"JIJ)IJ•I••ul.:n~'-1.,4t:r•·"""IIIN..AtnlJ I ld\,,t,...\,N't.\tv.lj)f.rJ.Jpm
AliST!tACT
fhc 2.0010~ PhMe C'fthJapanti\\hakRese:~PR~"h wndco1fh~peda l-:rmin d'.t\nf.\J'Ciil:
UAkPA II) -..s rondlrffllo fem..lilm.eardlt1hc :!006and2006 01.tu,ts~\J se:t.ST"o..
dQdica•SIJhd \~Ut (SVs).t.lw$igtninJ.:ad samH~hft#tS\\'JandOM ~xdt basshipn!!-~
in the'rncar"r 101111',1)f.r~m 15 1.\)07!~ \l ..c-b200S. f1wrlA.~d area waAreaUl
Eo."I'l L· 7'1~A,.. IV (70 C13'0EAm V \\ <(130 L • 16S....tp;~ onA,.. V Ea(16S ~•
11f'fi). 1~l."a acrtih"~~intMt~ .\tl edme!.)'ioltnac~ 1oJnli·"haliJM!ps.Asaresult.
buch~~~hneind~ mpli"s5n·e>in the Ate3:V Easa''ere Q tl~mplirn"t\C)in tht Area IV Ea$1and
Af\"v W,t"I \\I'S n01fhll) comple~ull TsrtheSill,ht~lnt~ hO\\ thdtlht.sighting numt:cr or
h1imptwd."h l.\\~fagn:: ~hnch0$Cof Ant:m:minkc''hale.'.iAn:snt~and IV. On the othe-rh.omd.
AnlaMic minke~\Mi~eith£nw;tslessthana halthainthe t>ro'i~UI'\«C1iuct.in th3iMlaneai.n
100S'06If wtls.,;oue-.u1h~increa8e-h:tbil(':(p31biohunp1>~ khalt $ In thosen~y-aifeei
thed,u,tbuciofAntarcticmif\\haliet~h~nhi.r<;. !i4«hti1l.sampllnMsurin(polyn)a revellled
ch.n•J.Iu...:tt'nl:llc111il"hale\\-CrcooC:ClHr.'hhin the polyn)3Md th."\\C'sc.:greg<ned
fromhump~\. "\AJn"hich"0:~distribl.lk'dOUISidcpo1)'1:nt)r'\t.llts.;uthehypolhc l:$Ii~
man) AnW\'1kmlnl.~hal ~1f)t'Cilaturrcmal a~ed~lrib u1thecefr« tun~1on dhe icel!dse
-.hl:~h \~'IICcflldnot~td.'For thimpro"~m ofntt mlnqo:n'l(ntwh.ll ithe Ant.'ln:li'17.
dU~:"t d.talinlt<n~c tt1\onn>umpb;tct-MAntarrtimml.cOAh: tltN to klbit31 preyIn!
ei~Mbc aotnt~h: ICforAnlan:timinl.e w1l3Ulpeel. "1ftnt\.~r ) C:OfT'Ibio(n k1ttill and
rwn-k1tumrthod,~h ~ '"001Wisoof muttsotuinrdfrom~ <"'nlCIIDl) t'nietWt~pl in~
•mrcn Qctl~c 1t.t'n1teo(\\tadJc.Ancarc<"'."')Y~
244io:€\'\\'ORI)S: J \\~IA\IU'I MINt\F Wlf1r:S.HliMPUACK \VI·IALES. PeltYNVA, SC"IENllFir
PERMITS .
INTJt()O UCT ION
TheJap11~Wh<~R le~¢an~:rhug:undenda.eSpcciol Pc.ntheAntnn:UcIJARPM wa1 conducted
bi.'t\\l-en1987/S8and 1004.'05 -a~;J$nS0utl~A11.ieltVIII olnt4:ml CoJ!lltm.lmuhl!'
Rt~tul QnfWh:lng. The IWC .Sdcmlfic Conuniuce condlk't'rt'\ifttf MRPtt'\. i1h97
"lild1belln;slrif2006. In200MM~r JARP/\ n:\'iC\\ m«.-<tincgalk'd b) the ()O\'wa.~mofJapan
also held.. JARPA prq\'ldc-da \\QtinfonnatiQnon biological pGMinttcts l mirlkcwhal..:
(8(afl~p!<f'tJtJOO'(sueh ;t11n<UumlmOJtaltiy coelilcient and ch:'lnse.soveat ~exu."lthe age
m3hui ·.; wel3$ n~r'n'dll\\thep.lnl.n'"f relevanoc for :stock mtmagemtnl. IWC ese!ogniYJt.h-d
n..'Wlbfrom JAIU'A have lhc polcnlialtmaoltg~\eofcmnle whalc:s in dtc'&Ju1hemHetnisph<'k'
(IWC, 1998, :!007). JARI~~s<k:uKm<rthaithere wereat c~oAntarctic min'~haStocL:sin
the rcM'nrcharea. and 1hattheir t!,eogmphkalboundaries,\\ere ditltrem from thc.seusN by the IWC. i.e. ISO'E
·16Y'E was sugg_~IWC,2007). The it"metljng in 2005 athan:su 'l~mJARPA wcroon!>iSt~m.
\\ iUu·behavior bec.xpe~ frbta~n''hale popula1~;ocningftr don\ iJsingltbod~~.
krill. TM meclioal.o<~gnx tht <h~JARI'A n:sults pn)\•el~r$uppon for the nt.tQtake
spccit t1,a.1neffects Intoaccoun1in t.tn&rseynamicsof the baltcn whale sptt icsin d'leAnlarclic
c<: JOSInodlrd,clinfu1u'""dsinlhC"iarbund:: .fldpopus1ruc~ uovenm1cn t ofJapau.2005),
Based o1h~ oonstdi emr~lllGO\>Cft11ofJa)~llunchl"< new comprchenJ~tud th.Second
PhaseortheJap:ants.e WhRe~n: hrOf,lriJll undt"f Special Permit in the Atuarclic (MR PA 11).\\hkh
eomb4ncdIC'thaaoon·l~ lh:ods.scanlf~om1h ~:0Si0oustml >'ller season. l hc first two-SC\l.nSsO
(2005/0and2006i07\\Ctdl'di'cntfea$ibilstudilF.lua~~ of two tC:asi~wditeoolu<l<:tdh.1.1
1hepr.lcticabilit)'and .appropriateness of the planned •ooho<l;nd desi'~eladeqootC'
ilnd could ~-d to CO\'t>trhe entire rc$l.'ari:h area undN (Go~c:nuonofua.anl2007),
thf:TeforeJapan do:ddtd to ori1giplan orJJ\RPII.
lhe 1U071<;easW3$the liflul$C3$11C.ofJARPA ILJARPA nis a long•ttnn res<:jn:hprogrnmwith
IDefolio" ing Objtt)MtoitHinofthe Amarctic fXosy2)~lo di~intt>mctionamowhalspecies
andck\rctop;ng cm.'lt n~earejecli\'CEhu:·id~ tilmpOndand spatial changes istructu~
and-I)hnpro"ins, m:mase1nemproct'du.,-cfm thorAmmi••k~hal seocksJARPA n fucu snt~
Ama~~i mcink\\h~.lhmpOOc-\J\(},Klic(Mc:}!«JII'fir/ia,,.), fip.J~d.)and possibly other
spC'CieisnAnt."r «~li'temthatarc majorprcd:ltots.of 1\t\ltl/Cii¢krill.
Thit.a <:ruist•roporl ofthl.•200710'8 JAR:Pt\th$Uf'\t)tarea could not .:ompfeiely
andthenumber of whale s.unp~trkiebdc;:"Of\ iolent obsln...:iton fromgrups.~lwcvcr.
IIIO:tiof ~rc hritems werecompletedand valtoblc~mplt a\re obti\it-C'.CI
RESEARCH METIIOOS
l~4.$';\CSSCIs
Ihe n:scarc,:hltCOflipooff\\0 \ledisig111v~es~.shc:~ghti lnl-stuupllng\ll and oni!'
rcs~i b<tchSihp. Followintt ves.selswereused.
f>cdicahsifl:htingItSV...s,
245 ~~osl MlruNo.2: (KS2:l11 toru.,
Kaiko}.·f.aru IK)-;1.; 86IOOS)
Siglulngrutd s:Jm~~ IS-(SSVs)
YU"JhinMaruNoI. (YSt: 720cons)
YushinMaru No.2 (YS2:7·17tons.l
YushinMan1 No.3 i,YS7..rtr2~}
R~teh h.bt i hip
N'tsshinMaru (NM: 80.tbrl$)
'"'iSVs\\CfdedicatedsighliPt surpn.•spcc1i -'\'C). ~1phk lUI'\e) 1rnd mti\'riot..s
c~pcrim. Tnt"!SSVs\\Creng<igtin sightandJ:ampliog .suNMe!SCC'oeu. n.-..bra<en" hid1
allb~logi tc<aln:ulo,,S..'l '"."'psl'(udndlucd.
R~f'ahilrt3C
Iheareu tbec;owreby~ARPA II ib;:ssisame1ilARPI\;th~~:ten prt of Art;i Ill. Areas IV and V.
und 1hewestero pan of Are(35E ~I.JSeW). sou160"'5. 'l't$t;lrchaw.t tOr2007/08 JARI)A II was
westctn side of the~(l"lt a.\1.hAn.-..I.lUE (3Sr.E An~0VW(7etr.E. loo:'l!), Area IVE(IOII..E
•31Y' "r~a'1\~IJO)E 165"'Band p3rl Area VI:-(. IM 175°E;). 1~~Yeunherdi"i<kd i111t0wu
stta 3t~tahSlrotue.'<r tfrnddi~ei(d,!!eto nlo4Sn. milt-...anonh Slratum tXtl"ndithefi\"Wn
nor1hcmbounl.alry of rhc south th600:S·nu•omhem boundary of1hc Wo.Su t.tmlmnA~ IV
beml!en70~Eand80"Ew;~f;it~<:~°S66ld1M Pl)dz Bay was deJ:lUlt.sc"'thern area of this buund1tr)..'
fig.Jlst~ >L'@stal)ctJIli of tl!' rc~retfod~ 2007108JARP;\IIsuf'\ty. theC'O\wuth or
60"'S\'ohed~~e-SS tV$ersout..-f6 2Gw:tnnM."ftf Japan. 2005).
Sun·r~lrar lin t dl'!>il!,n
The S\I~Ir'V~Celf..teiVoc-onsistort~ lU~sin the non.hem :la.rsICM\gituldeJVlinten als
-andlOurlt.nthesoutherstmturn 2~3~".1gludioodc-g.l"en.:tl.s 2)1\·oSV~ l\ltm; ·~tnd)")
the Mr1hemMd $0UthestrotIC-crm.sing the finolU~ 'crlng poibeiWl'twosimla
rht' sunc)tr.tlintfor the SSVCQnsi sft~zig~ ro\II'SI:changdirt~uca11°30' or1·40'
lt.i,l•lldelreiinh:rvtll.s.Ca'rdllel track lines were set nt 7 n. tnJil"sapanoftr:ld:J). 11lct-wo kg.<o
line for !he 1'1<~II1U\C'rSolee\·cry1~:flr SOuthcSlr.tti.nprindplch~iniA:narlegs und
number ,fl~focshsnorthern $ll'allbech:u'J;cdb) $ub--antd<g1upf'Ot!$fthe~1"\ .t)'
Sighting method
Sikhl;l\g pc"'X:ediJnf:ht pn:vious JARPA S-u(.~.Nistl.iwf!ill. 1999. lshttt#~(l( it QI
prioeiple.T~igil•s.ncr usilSSVs wascunduclcdund(r limitc.."cdlo(when•a si£htor1arga
species was mtldcon thl"predet1raiin. lhc \CSSCIapproac-h\~h3eaneSspee ind~h01 .t1l
\\~ cootinm-d). 'rlln:OO~ans (J'cldar.:lliliiSnat !staanrds~ of II,..Sknou..
TtlsightingSUf\'( SVs wut't'l!1dundtr limiteddosing modepas.n ~odt (eveisighting.H';'l$
mJdc oo the predetcnni1tcdU"3Ckllnc. the \CSSeldid llQtappro:lch -nns«~hrit:gi-tlhc.-etl>
b.1m \'&lninttffiQ)ll"d).1wu SVs:.d\a.nce"data .standardSJ)I.'(:'odf 10.5 knots.
6od1SV ;anSSV SIII"\'C':')e're:opc-rutcdunder theMrlll!'uplfmal rt'M:;'lrtchon\'V!t's(\ ,hen the wind speed
below::!Sknots i~ut€hm scnuaan20l."noin tile oonhem aM'Uisitb~ia$more than 2;milt~).
In nJditl(tht~ig.hlingsof Antarctic minand"fin wholes or w$tL~I otb--hst~edcs.the
S\'JJ:;dSV:nprc\a.;hIlue-\\haCIJnldtJ UtulJ.uttnd.sot.cm righl vrb(£11.ha/cJt>nt1ill.'ltlt'(l!(/.fl
thr conductiexpcrim~ C'nrtrNcL \~h~laedsothet \\haltY.tra.bo 1lpproadll..~.-"(111doo1Jin)!
J
246 l.ow and midh11ii nuldg.sh•~:nt' (Non·k:lhro t-an:h.
Durit\8.tra<riu~..iig.tiSIU\('wtn:t'OIdIi)Ctl!diiU\IX'I\\(30?5 ar6QCS OUISidvrltottiuuloa
EEZs. The rt.suiiSoflhe\Y$u.r"''hown In this report.
NUn•lt'lhres~reb and l'l.perimt:nl!(
Sitdll tMt~JItuNcmg ~c;p.:WrI/1/
1'his expc•.rwa.conducted inQrdcr10evaluate the accuml!)odsc.agand$igblinan~lg. n-b·
obsef\ersontSVeand SSVidli1.:ruiObst: nnc~di-t"Tlcwen-:rtqu10assesseightsetsofangl-es 3nd
distilnct'fromtwoplatfOnll$(bam:IandVJ)prcbrid.$werccmtudt~undergood:sighting condition.
Phot(·ltkntijirotltm
The foiiO\\s~i c\~c tt.s:l-tOphocogrnph1\"\.ofnau,Jtnlmarting.$durir•&theondU~.sfum"t<d
d)eSVs.;bluo:\\'MJes.humpback whales andsoulhtm right whaletttQrdof theses.pes~e:rtar
occasional!} rakentheSSVs.
Bk.Jp.wmplirr.~
In ~didtnito the species uugetcd for the photo-idcnlificato,cffln'lright \\ha(Cup..•rt"(l
tfk.ngiuata).fin Vo1t)le. sei "h:i le (8,b(}r(011Vt'-1..,.cNICfltrpal~uttl aec)tltl'aC'I!tC
v.halttllypt' ropltmifrmu)v.~ ta~d deforbiopsyskin ~tnH(tIb)'dw SV$ !llSSVs \bil l\ \~
oompound-<:I'QSSb11~nt'l4c:IIt«<werep~ rH'd~~-S~O..
Pre)l.S{H.hm 't-y
T\\OSVs l'OOduth) dro-aus.tsurvcf$ u:a passiveaoous$)Ste(E~S O thopcraling tfeq uende5 tsl
38l:H.120kllz. kll.SI1~RAO.Norwar)toelucidatedistribution 3ndab(t( J)rt) spof Antnn:cic
baleen wh:llcs.KKI conducted ncls(orpreyspeciesof ''hales. Th\."Iust.for!'nUnt;ur1:rill
~ lheNORPAC rlt'1wusedfor11phpod~.
(kemi{}JU'ap.wm ty
Two SV$conducted trollowing «l-aJ\OUtwnt:):I)'-"<~~' ~(l.:trl\.rsurl':"al <h:m~r.11u~.
conducdvilsutfscchloroph)II.,disSo:~9enand surftl¢C:p:byJ::lectrk l'articlc CouSizing and
S}stt"CEPCS).2) XC1'1) andCSUI'\and 3) lll3dd>firccorilin81!res~ :,arAll\ilridcbri:s
roundn~~ stomacof \\hala~enwasaiM'ec()rdendcvll\:tledon the NM. Inaddlch~.uswys K.KI
<k'PIO}C'tgo pro!ilin!!tOr.al:d~v!icc1scolllhishqu~h>l'c~no· ~hvid:ta uf upper nnd middle
l~C}'(StheworldO«":sirnufumeou:sly\'1~highspo-occiresolulion. ThiItCOOpcrl,il\'edyith1W
Japa1MruniScienceandTechooiO'C!Int(JAMSTEC)(Seehnp:II\\J,jlt'.t.J:o.jptAAR0(k..htm.1
Sa mpli11g 1nd biol~-n·cyfor "h aiN (ltrt'!tCart"h)
'threSSV~\'oCengagedin the whali;s>ampliltg.SUf\t')'. 8lc v.halc$(wit"~aiJQ\\':tne'la!)nd
.SOriIhaleswen: planMd to be-takersee.~hae!sou1bof6.!"S. AhhOUl!'t1#\eorigil\:dplw1iucludcdSO
'lV1111)'k~IC(aiowr:nmenlof Japan. lGo~·.mmc nfJapandecidedto$U$pd1hcsam('lling"(
humpback \\1l31cs.
247 One ur '''0 t\ntarctk nunJ.:\Cretargeted randomJ),:,;;unlfrom e.oprim.1rsighte!>dHml
\\ithJJ1.cnHISof each tilkfhedwarrminkc-whak-was nottarg frtnm-plh'8-he tin \\hal11lso
ta.q;ctedrnndomt)'r.~mclm.nfy-sigh~hoo \·ithi.nmil .of eactraolni~Ho~·c\CII\J"o:fI lin
whaleS-W<ld lrkted to an L"SSiody lngthle~1b:m20 m dlK'to a limitatthtn!$C.arthbaSl'shi)'l
ra..i-lit) IQri11RioloM;:1S~:U rttls;unpl1wh:n . lecond1ac-1e<dlnlht NM
RESULTS
Outlinf.'ofcres~rc ahtivities
Tnhlc sh0\\ outl>eo\tere!oearc..tenc•tii~hies. perioin~ ~007108JARP;\1W\1$lUda~)rom
15 Dt."n'flllxr1007 to24 March 2008.
On 7 JMUOU'.)NM r«dvcGMI>~ SGlobal Matitinll:"O;\DSafetySys.ICm)emc.'fic.~J~L:spotndln
to the teqUestfthe RCC (RescueCoordinCenter)Austr3Jia-tn:gat,ir~;. act\h.tfi~\ercdcrew
on a fishing veUnronun; d~cre'de1e)sed nn'~wct.releasefi'o11~~e-~r.u ionnn8 Janua11
by the RCC AustmJi::t,
FollowiQ);,tf'C',S(_!JtOptheol(!.,_'hlh·ity..1mcrrupted SY'IllllibysvitJf.clll;irrutus
O.nti\3.1inggroupl-•..-\On:cnP) Vt:$$si:t h~rc.d:seb<s~rhp;(hf.>rR)III to 26 January and
obstructerefueliofNM on 22 1\l.fl\:tt.l hrpherd(SS) vcsselattiKked YS2aOOhH>hl)intnadtd
thevesseon 15Jnnuary.'fhr''essai!.Qattxi..OOon 1January..AlthoV."COfllinuedmovinnvold
~lli~ \·iMSS.''ttn<:ountertdon~ f'.'ebrund the SS Vc:5It:tl7 da)'s:anatk«<NM twice on
J nud1March.
1\11AusutdianJ).$hip0C"t-3.eiiki 1O~) stalked Nandthrtt SSVt from 2l Jaml!12)l~cbr .uur,.
Ahhottgh OVnever\lbs«ructcdI'I!:h~~ihtyircttly. il often appmoch\tS SalabM,nally ch'se
dhlunce and our c:rtw me\ete~xpos 104.o-dcntlrasoJship oollisi<Hthe lime.
Rt--se'(activi\Y'n1erruptfor t(Jtof31 da)'s.this rcsuhcda .-ctlotol'lnl~meeaf rtS¢3n:h
da)S.both sightingsam.plin£.$Un"in the ArVE \\'ttcancdedi!'urth~rm sarplnl -bneysi!t
Area IVEJ.1'dAtta \\tr~eslri .~t~o-d
tA.r lop.;·ded£COO'\ercd lllit Pryd7 Sny 1cherestartperiod ruld prc\the n:se1rvc";el$
froment.:ringitheBo1yl't.ereron-bothandSSVs cond~~ lnlucdui'~ \wihin"~J ~n. l-""':1:n
66 San d ticc t'dCO\'C rePry~z Ba) (data combin.:withthafor t\~\I·SQ -tdt.IPIin the area
IV).
Rtsuh~of non·lttb$une~
.S1gl11m\gurn ')'
ll~scan;hi•'Odist.of1ce1~sand chcSSVs:tn~own inrn.ble·rhc-se: cicMhinthepredchmnim:d
111111..i.shown iF~s . and Sn.ctotascarthing distawa.s 14.575,4 n. ~..-on $i8,2l.in,g
mile:.lOr the 1\\0~nd6.546.2 n. mifOCt"hlhn!'eSSVsCQ!11parto lhe 2005106survey i.sa~e
~sra hnart ht;~r,d1id1i1gta lnr~V-and SSVsW<b807 n.mileand 990.3 nmiletower, re)-pectiY(:I.y
Ihis.i$ because resacti\ Wit~n!CI'!Cpdfo.prolOngep:riod or1imc dc~cri -bcwde:l,becil tJ$e
the~!1-C n~<.sioddsholentethePryd7Sa·d01:!o!hthk ~ack iCl)roportf(or northltro it:h~
tollmrch 1qdi))utnc-cwere ~ofOfSV!nnd 25.5',OlSSVs.Scan:hinco·oob)SVs\YaSal•"oequ; in:~J
nonht•mand southerns-trata.
248Whul;Jpt.~ stt~b'l
1\~eh cj'lecJncl\1d;.bvle ~;J1'sar~six tOOthedwha~erldcnlfi~dui!lg trc~h peri~od
Talb~:shows thnumber osightiJli'eight la\\~J_e.,epanJf "C6ond 1.shosightip'>!i o~lion
humpback wtd Anuu.:mini.:"h1lls.umpback wbotkwnthI00£1t1bundrun.spccio:sin theat~:a.rch
(()0\\«< b) Anlarcllc ltll!\nn:number of sighti.ngs or hum_haJc1,433 s.choolsMd 2,7)3
Individuals in \\'about 1.5ti!'ft hator J\nt:lrctie nti11kcwhales(0,961 indivicJual.s.)and
\~3(on1idcr.Jbly higher thlotherspi ocoacystht~J:fo"umhcm ri¥ht whales ''ere made. whereas
thC'numbct or lii¥htiR\~tlcWthrtl:uivel) IO\\, Ood1Antan;tic mirtke \\hak ;lndhumpb.."tt;\k\_hales were
"ide!)disuibutl-din the whole a~<e~u.i;leruit) of ll)edi>\fldif'iri~0f!n:u:~11rUu11,
Table4sh~>\density indkestflnumbe'foprim:1.sighted$Chool!ipt r 100n. miles)and me.nn '!'hcool !'i7.t:
(MSS)olAl\tarctminl :u~.bacand li\~ales t{)(twoSVs. TheAnt:ll'miln.:hale was highcr. in
1hes01hem ::.tnstathan oo~ rnstrnand d~highesinthW -t~oulh$1Jum in lhe Arelu·l~vcr,
1~ 0 1i1~A~ IVw:)rcbti\C-lylo~Ve'tsnilmn. On theother hl4lrd. th.: dtnsity of humpback \\·hale was
highin both the n- and southern$tn:uacxccpAfCJVW. fhc 0 1for humpback\\hale s-tratwn
()fAte;)IV was 29.5tim~ofthttt for t\mink.\h:ik.
Fig..sho\Hthe$ig.hcposi1ion of ()(her 13rge wh;"0\ •tlrighw~e. snd blue \\ha,,c.rc
SJIIcd than thal O:fOpr<'iuus sea. lMosightinof soulhcm ri:sb1\\bales '"eremade in the5041hlcm
sunt.:lof the-Area si£t_nhof hlu\'•h:1e1s wereCCtcd InlhL-Are:-tIllE. Diof finh~J..
wm ~par inthere.sc .rna~dfeblinwhal~»~n:found in 1tk-An::aIVE.
I'IK>W·II(Jlltdbi(1psysump/in{!.
TableS summari:ee~1.11(I:.e phoco-id(.'lli~xp!J~l.11touluf7Sindividuul blue. humpt,x.c.k
and southern right wW-.eph'rgmpl\c.d.able 6 iUnlnll.lirl!.e$resu~p lhg1A total of 32
bloJ'SYso:lirtp,es wereront blue. fin. lnunpbaek and s"l~lesOne sample fromll c.an:ass-of
ll"-pewkllc wasa1so..-tetd.
Pn:v\~·i\wi~l(Jt:'~'" ,flJ!n~(lphll:
rabl1shows the su1mooryuf pcc:yspct:•es and occ.mogr.tphcroucnsti"'Yconduc~ cn90
locations atsnu~poina~ne~mplnlgby KKI an<mL 1day b) KS2. TXCTD cruting"'" concd a11
98 locationsprndct~· dnnosmions. EPCS collected dnta for by KSl in l1. KS2 :md KKI
to ndut1~~q~t$1li\tca~!SOWldCS.urv (,~171days in !hulere~ar llt<c..\ClOr t- mt VI;.
KKI oooduc1cdIKMrand NOR.P.netsamplhlg36 nndJ7 tire.c.!I'~tiH.9shO\\an O\''k" nf the
p~y~"t esand lhe ut.'t'Mucru&.i.nheri."Si."Ma'rcelt.;L
Sur~vy li ,uri1d.Jhri~
The 1nnrinc \~llC) \Vi\$ -..r1io~:~icml'~tthe sightingsurvey oft hcottlo~$Can:a~ .
A t\1tnl.3Jcbri.sitems "\ilSrvhich CilSd or2 buo)$Offloats. one rop.:.ont: lu.mp ofSt)'l\llha•n.
one:drum ean.md au uti.fied boxobject. Most:of thl$t 'dbe lishin1;-b"Cr1e1latt..,.1.
SiflhJhrfldi.fiOIN'iltY"fIlC'H!~ti
A :.ightdis.t a;dOfl!(e:~mpcnrias p« 10rntcd on 30·31 Dtttm bythreeSSV.t;llrkl oS 2 -and
J;lnua2008 b} KS2nnd KKI. F'CSJXC1.ihc:~uJt of thie:"~:(l lIrlh:tms;edin c-alc\.II:Wun ur
3btmd3nc1.".5\int:~ll.!:i.
249 R~ull ~lflttth11lsurvey
Sttmplin!lfi)rAmart•.JnhucJ.lkt!
Ou1 of501 sthl~o(979 indhidu3in)11primarysightinorAntarctitninkwhalesby thn .SVs. •113
$C;Ilfil:(l911 indi\'idut<lt}!tfor samplingtob1J or 5indi\'idWi'f)l)mpled (2(rofA~a
111:.1222 fromArea IVW. 13fl"(\mAn-aIVEand ArtfVW")Sampfingcffrdcncy (the r.ueofs\flut"S
sampling for lartindiidualwa-;86.% flsoHtatschools. 9'~6forthe-firsttargeted iodh•idual from
muJtitude.sc.hools an°0 fOthl!.s«ornt targC'edindk idthesamemsch~s A.n C);ploshe harp(JOO
w~s u.sed as 1he-pk)illingmethodforallwhcollct.Whenthe 3ojmalwas notkilled instant:m."i(•usll!, a
large~a1i rlte-and ur the S«·ondhaw:Uoused immediatelyd~secondary killing methostntc~
andlos<.-&occurred.
Sdmpllng,fflrwlt('/~.-r
Alhto~l 50whali:Wt"fepl:mn«<for s:amplthreSSVs nm<k"only ninl•primary sightings oi'fin wMies.
Sampl l itthesewhalew a:ntconductl::ddu.:to ina:e seaC()l.ctfor Mfll<\~f endr1<ing
and/or proclical rcal>Qns.
BiQ/o~;it·: u/re$f:UI'<
Diotogicn:~an wahconductOon therc:;earch baseship'l\tasaaple.a~ k8 summari1.q
hiotogicalcbta ;)ndsacoll~: F-o1heAdntarcticminke \\hales,
!Jk.llt;illfo rm(t>f$«mpiMlll'h(l/t•s
l'ablcshowsthercpro<hK-i,status ,mplcdAntarCticmink<'v.1wi$1tstufig. 10sh(mdistrl ibu~·
ofs,;ghtin,gposition orsampledAntarc.1icminke whales b)'sex andsexuallymaturestatus. Mmurc females\\\l!rc
dominant in the IVW·S()utVW·.soutstr.U.he~O knlurcltt.llcs"ere dominant no.nand w ~h~t
:;(f'intheArea IllE.the IVW-nOMstn,uum.bolh imm;uuremalesand i'csen-dominant. Preg.nar.cy
r.uin11:lUUfemaJeswas9.:U'"{168indi\'idools) in r~seh.hrracf yC<~! kflwinWfn>ObSI."'fe'd.
'rluce la:g remales we-rel'amplcd, thougsve~ln~go-11 smfpw>dorobserved.
Pig..I I sho-wsbod}·lengthdis.lributKmmin~nwhalci $3mpledduringthe'20 JAR.P\, IISun•c:y.
Masim\lflllcngth of the sample W:lS10.13m forf<"nlalc.asnd 9.13 m formsles-.Minim\llll1en¥th was5.13 m-.Jnd
4.82m lOr femaleand male.tti'vel). Maximumbodylenglhof immatureanimals \v<ls8.82 m and3.61m for
fem3leand nl,alc, wJ!efeaSnbod)ilenglhof matun.•an\\-a7.93 rnand 7.05 m tilt female and ma,le.
r~pcci1el).
U.r•l)f'OdU CI$ rl"(('i'('bc r4.'SCU
All \\hales ''l!reprocessed onNMaflcr~)H(nim:u~tliCl~:oto thprol\sioot.~1iclcVIII of l;he.
ConwntionJ\totalof I,98..1.7tonsof meal, blubbc:\v.produeed.elc.
OISCUSSIONS
Th~thirdCr'\ef JAR.PAY.'aplannodathfirs1futl«nttS('arch1r"o !Casi.bilit)'rescaf(hcruises.
(GoHmrncnt of Jap2005)Aslhe \,tO\crnmemJaP3ndecidetosuspendsamplins of 50hutc\\1'-"IJc~
t::.~lJX' Cn~numbds forlethalsamrl\\~ Kte± 85of Antart' 1nl,f~la lndt0orfirt\\ hales.
'
2501-ulwl!\previen~1aliQln\\It\'C: ofbio1ent3ndobstruc:ti,·e group$undensuring thesalbt)'of crov.Mil
,esse-Is. rcwllSt.IS~1 oI'<l~silon'd'h·'3I d3'). ueto 1hen.-dlktionin tht.•numberof research
d.\)swnpliJtl!alc1hh)'of\"'rt'Slrklendould nutccr wholerc.scarcha!a re.suiLthetoltll
numberor $wnpiWll)lowertbnnf01ihc 2001506 reasibilit).stud) in·whicharcwas,surH')IC'd
(Nbhiwaki1uL 2.006).
Inspilorttfl:!1 M lte'~e-0010HJAKI'AIIcmi:Scoblai.nrdn:.ttl)'impon3ru re.'im.ssummasiz.ed
10110'\)\.;
1•1'otnlumbcrof nsg~fhh~lx' whal"\\..furhigher !hantlut of Ant:uCi'ct minke \\hales-in'his
season.'th<) \\o;-rcIOund,.,idtly distributedin both th<s:tmtocspccisUyin reMAItIE
<utdIV. Orusinen: oftnp~:u:k\\h:sigtl itth~Areas IliEandIV hodhtut tq':!ft'JlC)I'tIend
scil.·ndlxun! (wooJiSfU (eg. lshi\\'8al,,1002002.1004).\\I$U£SCSiot:hlat thef'Opo(l:ubn
humpbuct.".hab"o:rf'WOv~: mdc:o.patKiteirdi:uribut)C3by year.It wasolso suf;£cstcd lh.ltthe
populationintrtasc::and1lt\pansionorl!tompbad . tla~eeaIVmay lead to inter:u:t:i<ms\\ith
Anlllrt'ticn! hllles(hh iI!J ,2004, Mat500kaet al.. 2003,2005T~2results of'\iting
$IUVe)i"n ~nis Slr<Jngsupporthe i<din£5..
l) Ond~otbethand,the'lutaJnumbcrot.ings lOr Antarctic min.k<\\'hale was lessth~ftc ttolfof thai in
previou.s(2005)1Ur'l0<fo,theSV('rattl""'Uonly.I i:n::nti:tl'whichw:tOllt'thitd c1rth:uin
die 200Hi$W'\'(Nisfljwa1u/.1006)A.ntll m ik..:laec\\ere more ab4tndantin theilr.ofl..,
AKas IJI€. 1and VW,wben:.:L'S.L\h\t'()''tly fOund inthe nonhcmstmtar\re.allall¥~hole
oflhe Areal VI;".IIhd~ithet.uwer,ig.Mingnumber""d smallt-rOt lOrAmarct«:.min\.c \\ hnk-sinthis.
seaso\\Cte ca~.~S\.dpl~t('pdtk k.: itt Art'3IV. l'hcl>rydzB:a')tn lhc area IVW. wherealalli.enumberof
tvnare1icmirrl..csi~iltswas~~ed. was isoftuedby thick iccthroughoutthe ausual summerinthe
200710<>ell A~traei«-·f !re3(polyn)'~<l$OC1b~ifhePf)dz O.a)Irl)C(em tol:ebruar}from
S:)lelphotO~r an)inorn\:'!lioofro.NatnalSnowand Icc OatuCenter (NSIUS.Jtunhcnnoc-c.it
"'~Ol$•tveIhala luirn~lulu-;~mt,1lz11polynyaoccurm.land'\lr l.lisuppAr~nIV<tOtnj:(ltt'd
toothes~!L~oSnism.i~eonditi<nli wewabservtd in !-QSJAK.PA"''llw tbc:sighli.ngsandcs!inattd
~ laQnof Anl:lf- inke ''haleinAre:aIVtower thanthoseinO~rb011(shikawa1!a/. 1998.
M:t.LmUIlul.1006). 11w~u~~«J 'l~ !Mil)' Anlamin. wk~alecsped; ltllr:(emal,we~
dimihutOOife ice free:uea beyorxl~-dj~;el'(r«e<U\~oss (UldnotcnttT(lsl:!il.,l11).•~8
ls.hi1.a\\a,20Q3). U\SU¥J;e$t~t~tfe.drlSlic Casionofluuu pb\\h, di~-S~ri m&utorOO
Antarctic mitt\c \\I'IM,in dp.' koelshilr.t'•''J~O..fuj i.c~,J.0).
3)ToC()llfiaboCty,p~$. we eonduc l~l"4lingSU\ '')in:\ poomledllthe L'>SieS:t11nt0
l)f thesu tllon$thebc\We.WC$11\.t helf andShackletonkShoetr(89"9~"' 1l!).o.o~h
CM«1rtr:U«<pad:.ice C()Vea~tnotth of the Oiiea. wetfltt:rcdthe polynyawhena rnndomtyset tl'la'k
linemet the lhiJII.CSptackke. Olstnbulion pottt\~ha'okside{oonh) of the pa\\3e~atl>
~'J) cifmomthatofl\tltarttk '~h...n)ideot'thc pol)n)n (fiBiQJ,~..ogn)eoral pled
\\t.a.lesft\thlun~t~fchtAnt.~ kirtkwhalediStributedinside thepolynyav.crc mah.trefemale$.The
resushU\\'$Ih"portant<":\.aot'(the Spocies iOiemctionallbctinP,att:oruhumpb;x:l:\\hale:;
n.ndAntw-cticmi~h.ll (esl,~ n:1atlottbctv.·m•iecoondition anddi:)tribudonhlorhlhJ¥ n\rrnbcr)
Ant.vccit"minkcWhlllcs,l!;~ai3onof Ant!WC'klnke\\l~ab)~e xnd~;.l ma1uait). Many
251 Att'l mink.l\~i:irtisJ\SOfl muhal'b.."t'fdltslributtID'.lbanpol)'ll)'afomll:db)
C'Qntplkap~k i«-. Fig .13sho\\SdiMrtbutionpauen• or Awhare.<;mh~mj)bc".'"e-b)'
lmi111daend \l-;l)tr lrel.lhoogb latidl~ribu nt(tMto ~pcci >M~merl~ri b1Cetd641$
10tt~.. h.ilpa·k·.hafwt•sapp;umUydiitributl"\1in areas wirsruf~tetnJ')enthanr<
Antorscti<:minke whalts and Antarctic minke whales hi~l lut"df;t.rvith low« .sea
~rt1l¢:!npe:nurOn<!fthereason'>wAntarctk minwhal i.•Nito cnncenirol>nyrtgnrdk.ofS
~ibih yol'mm dioi'ISfmbeing boultd uthidic-tmi£h!1l~ptr¢~r ~minlJet"d10enter ky
wat..:rlo ii\'Odi dfrom humpbae.-kand od.:whale!~.cr
4) F'in wh;otle$v..:re not eoll«ted.wh;thwl-rsrt:ut fr ounptinOn~ of the reasons was
mte-rruptionsumplinctiity ofSSVs, aoodter Wlblnv. number$ qf [email protected].
of fin \\bb~SSVsYo«.'ot1aryttcdsap:lmi(ilcuin:lppt<•p!leoonditi(or satransiCrringand
flt:BSmgand•or pr,,a,,·ons
Uow<:n:r:, SVs sighted n:huh·e\~Mi\nurh of6z:'S and 11numbl"Tof lin utraks wcre sighted duthl&;
the Low and .Mil3l itudSis;htSurvC ~(yn\d vorcldf6(1'S (&Ia is not ihl're.)to«~.'I..~
tlml in s~aS oio.haks wcr..-d:i!:O'l(innonhe!~as comp:utd oc~hrc::uons.
S) Of 5-sampl orenta.rtmink..-:v.•bales:.f:)\for \llt irem~ t\lt1A % nod 655 ......
~])C., l)t2.·e•or mature ICmav.t!;~t't;nam, uinc,ilc;'ltedthertproduclpotrntial. 174
imniol;uf'l:\Wn:coll('(andbiol-oge~~i .nanir\'eled thalthw~-eo '«""''Cllinididl~lfll
Both th<liighting and bi.,logihxa~been e&refuUycof!ducted for a long period since 1987/U wi'IC'A
J1\R ~t<e\dntlbe Antarctic. During thnd thlmother ruw:ct.;lf pair of Ant'~hae!wasnke
tJb:.;ervPfn\C,'~3 ndivdgal1akcK~ 1n:u csdl.(1988A.'P Otl)\\..i'tngrecords of cal\'CS
&:Nfof60"SfromJupancscootinl)odab d1,1r:,entyyear196$!66·19SS/S6)and desclatmolht!r
1tn~•l ulf\nQn.:lic minl.e wbn!es did no1 normally AnllI~it·•C.'We nbo conclude that
An1:'1n:-tnki:inkc wiiw~:ucbe-oe1he.lirst .nitra tiAni~N:htndthai mother n.ndculfpa.ir do
notnon~1 1.cur inthe Ant::ucticduring ummc.r!'e3.':'Qil .
iiTl~(\)t!;c,~¢Jin40\cri:n.g.a~Io(lhlresear\'h area an~ca l~'-pii:Csun 'C)'Se\crnl
oceanogr.ls.wveyas"ellasthsign ~uuirvwlee!oyducted SU.."i:tSS¢Xpl'(tl-destimation of
<:~vmpt (~pry;,Jk'desbyhle~in thl.'Anl\ \bi.''<locU:"CI,l.rltl'b)'\:Otnbl!Uorehe: rt'S'Uib
;'u~CtiQcnc:tsampling surveys byanstomact\ c:oo$tu~of" halecb~hNeM.
Ct~mbin of eialnndnon- letmetho<b is ne<:e.') duddli-tc 'he !'hal(n tht' Amarctic
e(O!>)'SComparing the stom3Cb' cand f$ample$ii~mport: ~lkr!Ondpt\'('"t'\IK"Cof whales lOr
prt~pl'CCiomsb.ation sightin,g~nl)li S~'\):Zt( leat.showe''"andin1rspeck'~regatcd
distribution. Inthis, fow)l,t11C'r(.)Ccnt..,.le\.1dlstfcma.lof Antarctic m'~ht nfC$
the small polynya. COitexpaiun.~f dtthu•repl wt.,:~itibution ma)' increase the numbe-ror
Antlln'1kminte "h:lles in pofw-tbe impro"emCtllof the mnlcCntof ''hales in the Aotarcli..,:
duei\l.l,,IJ-i•l1('f bi.lti")(1pbtJr"halt1tcl ntllrt1k rninke whalo rcl:ued 101heirlmblt:u aM
~~·andeludd:.1~fthe bcha,·ior of Anl:ln:tKminl..c-wt1.1lc.ion;pack i<:eis nl"Ci.'S&.'I'}'
252We t~ Dedcbltd to Mr. Mlnoru Morimoto. ·"l of lhr ICk :mi~Ude.lor.llli. of die
Oo ~'n~l ooJCutOriplcmcnuttor~ rbscl\:, c-d1J..e<1~~c~nihMd~'.lV~t~s ~uhln;i;ria,
Chi~'UAsbiniLl'atsuoSasaki und\'utn l'ocniycam fr1n~)ltl• forlhdrCOnltihucion.Mr
Ry~ch Nil. nurnof the GO\'t-nmten1ol'klp;ln. S(n'cdrl'lnlsll'ld51abthed~ .
co11~g oftcsICR nnd ocherrclntcd instiruliom wbo prt~\:pfr:hrl(aflrii~ .\c
wouldlikt toexpressourappreciationmne1nJt~io~r'\idins,fin!illflror1•~en.ch.
RE..ERENCES
Cu\u.ltt.ri, D- P. nnd J. ZwalQ9Qupd!UcdrcsullN~r)tt3t•tUM~:ISSM I d;til> pol.lr
griddkd sa l icc concentcby J. Mulanil.. nndO~Mall\O;N3,1ionaS1now and Icc Dalo•
Center. Dil!italmcdin.
fujl.\c.l;~ta..-and Ohsumi. S. 2006. Wlu~nl' 101teAnl;al'(tieMini..CWhalnSl<>ct'.!l..-.A
lr~~rpr df~Iitsrom JAR!)A-. Pupcr SC10061J26 d0 the IWC'JMtlh·~,M.~cn...
Dc:«:~ 00l(npfblishC'dp.l5p
Oun:nunttll uf Japa~anlOrth$«1t.)Phaseolhe JapaW~ene_e(tr:l~r.dilndlrSpechd
P~ ilin thAnw~t KJARPA II) ·Mii riug of IlK'AnF.«nct~unl1.)-:\tl vfN4'\~.:nt
Manlt{.!cl bjecthcs lbrRcsout.rP~erSCsS7l01 pre;c:med10the IWC'ScientificCommiucc.
JUiZOOSunpublished),9Qpp.
Gov~ mncnfJ,.n.2~01E'•aluator~~00653nd 2006·0? f'rt\Sibilli)' Sllkf) of the Seoond Phw.cof lh..
1
Jap;u Wh:tR~ hProgmmunderSa>edstt>cmitt inthe-Anl:tn:'tk(JARPAI~n1ed)aperSC/59·03
10II.K'IWCSciCommjin.Jw1t200!'(unpublis.htd).23pp..
lshilawa.Mur.i ..~'hy:.am..., VIS... Otani. S.. ~13S;.'IKiiur:l.Ohshu~;T..
K<l~i'T••t\s.~1.la'kcud'li.J. :tndIKirmhitiLl. 2000. CJfli) WMhaiC"Rcsc:arh
PI\"'SttunSpt-<t•tl'llt~eflUIIN.'t(iJci-\Rf•A) /Uc-j IV and P.as•rm Pon of Aid Ill In 199912000.
Pape-rSC!Slp~Mntc d!lwIWCScit~n lQffi~e•.M.ly ~wlplubbe d)p.
lsi~""H1OtaniS.•r..ioi~iw~. II,ohyumu..0.. Yoshidi.'t.•HN:~g;a.1m.Fc.utome.
K., Kuyana_iFvjihi1\S:.lS·r.llJtil,;wtiJMori. M. 20CtuiSt Repon oJaran~sc
Wlt:R~li! ~ r.Jmn.dSpcclier~nic\heAntarctic(JARPA) Area IVand Eastem Pan of A"---:I.ll
in10011"1001. SCI..JS41,,~med teIUCSd(fll11icCommi~by2003(.unpublished)..10pp.
1$1i\l.sv.-o,II. 20olnlip btii:rondili<mand number of ')i}tht. i111i'Aakt~1
-comp;atbe!Y.J(9~~)7and 'lOOti.HXI'S~VFC)n.An,"ilIll£ and IV, RcpJtt of tht Scitrnif;e
Contmil1l"e,'G.ApptOOix6.J. C,•R~·Ms.JK'5'(SUPPL.):218·132.
lsfli\:.:~bt..".'.foiy;una. 0,. Vum. S.. S:.Ohshinm.KMlzuh~t13.. Nibt:,T•• Kido.
T.A~(b .,,N!Wwuu01. .. lchinomiya. 0. -UJidKinoshita. T. 1!hJapanese Whldtrtof
R('SCo:trtPlrlogrlllllU1Mkar Sp..'titi.: (JARPA) Arnodt:wem paorArta Ill in
1991;Q8,f':.pc/CAWSSpm~nt eothe IWt S<ieOCommiu September 1998(UflpuhhJthed,)
2<'p.
lsbi..aL.Otuni.Kiwada.K.. Isoda. T.. . .. HonjoH:lSC~ /,TerO.r.K'th.olo.1-
QhShitn.l.T- Sugiyam3.K... .. ltoh. S.. TT..11Y~l,itido0:.4Crubr: Re,,Uw:
Jnp311''S.R~rchel'rogramundcr Sprclai"th,\nta~ (ARI•M Art.uIVand E.ostemPun of
,,,
253 An:a Ill in 100J"200.SCIS6-'01pre5oentethIWC SdcntifCommit!' ~.l2004(oopublish«J).
•sw.
IWC. 199". Reron of lht lototl'kSsioolllWutl:ing Group 10 RtRt$u" l1t~Sp..-..1,~nnil
Resc3rcfl on \1inkt Wl'lks 1n che Antar\'tiC'.'lo l)'O. EP. /NT JJ'HACOMRMN. 48.
pJ'77-112.
IWC. 2001r{tpOI1nlnl4:'tse Wssr:hopto RC'i\cw D.1taand Results from Spe-l~l:chcQnTil
Minke Whales m UJeAnt'lt\'t«:. l'ok)o 4-3 l:>rc«mbtt lOpte$CtltlO the 1\\'C Scientific
Ccmunince. June 2007 (unpublished)..JSpp.
Kl.lS3:.tF•u•.HembrI)Joyce:.G . T<i.a.. Rowk'tt R. N-:tl T:I9~8nQj;tributionof \'Ctaccan
siglnings int\nt~ ~es~licbtirwdfrom the IWC'II>CRminke \\h3k! Mk').SI'tk'cnrtto$('s.1978 79
1983rSRJ:'f.•INT.WIIAL.CU.\. 8p-149-'.7
~a: IIo1.86 Ye-artoyeutchanges inbiologic31r~nadopul:;uioodyn:unics.of soul})(mminkc:v.hnk$.
l)o(:toral·rhb i.s.Universit1-ISpp.
Mfilsuo. K...llaluun.,da.T.. MufMt.. IL a"S,N2003. Cuncdi~tri ib.bundanc.:and densit)
trtud of humpback ,,faalcs in the Ant.awtie McasP~pe-S,/-1SU10 prcsc iothe~IWC
Sc.:i•lelificCommittee.(unpublid)ISpp.
M;'I~I JO.I,lrt,ada.T.. Kiwada,H.. Ml.lraseNIishiwaki,S. 2005. /\bund.11ncl<ncf<ascsur Lal).-c
0..;'\k<nWhales in the AntUCon the Sighting SundiHib nr~-~~\V~ he;~esr.a:Program
(Jr\RVAJ,(ifob<ll EnrtrvnnteJIreIJ): 105·11S.
M0.1$ool,mKH.U.am~ 1'Kiwad.-.. 11·., Murasc:.H. and Nishiwaki. S. 2006. DiMribulionand standardized
:.OOn~ tstimates for humpback.1di~ue.\\h:tlcs in the ArlA~a.:IIE. IV. V and VI\V
(.)Sf..l45W). southof60S. Pap;:rSCJ006JJ7presentedta the 1\\'CJAR!'A Rcvie\\-r006ing.Oect:mbt..2
(unpublishod).J3pp.
NishiwIri .Totwruna... lsh"a1·1..Ota~.. Bando.T•. MtrH~Ya~ma~ G.lsodll.T.• Nemoto. K.,
Morl , M,. IS:ao..MNFukutome,K.. Shio~.•Nogaminc. t>.LKon.•• f3la n'I;USu1:.. Kum.'tga.i
S.Ka.ge,..It(),K.. Nngai f.l.. and Komatsu, W.R~po.nfdtt SccvPh.~ orth(' Japanese
Wh:)tRese< Prrta1 under Sp1.'('ialJJ..-rmiitn tl.e Antarctic t~F¢<tsin stbytil)
SC/58'0pr<:Semctothe.IWCStk-ntificCorn. June2006tur!published)."2tpp.
II
254lnbl lOu11i of~hercscotn:hfl(ti. Vnch~e$I\\O"Sig.lg-Mtls(KS2 and KKI) and SSV jocludrs
tlJnx l>ighlin~mpdlnivc:ssclc{I. Y~and VSJ.._NM wnOptt ra\\ hhSSV ln principii:,
, .,
.,
Wf' 'Wtb
•:l'hcS'lnedfott Wraarte.b')t'._rUI.1 oftw.vinol~nlt,halinl! gl'OUIP>
•J)Thc s.u.ney was cab)the ob:saruetion oft he\'iOimt ;ulli•\\tl;djflg groups
Tablc2Se.wh i~1ancts (n. miltwo sighting 'esscls (SVs}and three sighti\'~1 5(S:Vs)g.
ineach strnhtm.
tvea Sectcr Stratum SVs SS\ls_
Clasiog P:lc<~:i.Stb:lctal Ckzsi!:\] Totat
North
Ill East 3222 6092 931.4 3972 1328.6
Salib 2431 Bad!I 33262 2l6l2 3282~
North 281.7 sn2 958.9 958.6 1915.5
Wlst S¢l.db._J 93-'i &'»:l 84Z6 1920.9..-2 7.68.4
IV North 503.6 828.8 1332A 312.5 1644.9
East 26j8
Sa db 5580 8l98 5639 l383Z
v Wlst North 280.9 e67:3 11482 0.0 11482
~·tl ~1132 l:~~o ~~ ~339 j~a
Total
2235.3 5793.9 00292 65482 14575.4
12
255 T!Llc 3. Summiwhaesih~n~;ondt.ct~·SVand SSVs in" ~rth•~as.
Vess.cts Sighin\O:SCIS ii}thlin)l.and ."_;SSCJ ,. TOID1
TH)t of.sicn~ Prinuuy Stcondly Pri1narv ~eodl hfnli1f S.....dl>
Sm~cs ~ h. ""· Scb. Ind. S<h. Ind. Sc~ Ind. Sct1.Ind. Sd•. l.
Blue \litlaJc 29 55 2 2 14 29 4 6 43 84 6 '"8
Sr\l~klak 39 ~1 9 23 9 43 3 1! 48 134 12 36
AnUI cmink<'"h ale 2 2 0 0 0 0 0 0 2 2 .0 0
Uktnlill l~~ ""< 326 727 n 190 501 979 22 65 827 1706 99 255
1mpbad:\~bale' 7961528 107 198 518 1008 12 21 3145 49 119 17
So.llhrl~\hale 54 70 3 5 18 26 0 0 72 2598 3 25
Spcn.:n \\halt' 181 181 11 11 99 99 4 4 280 280 15 15
Soutb" n boctknose \\b53e:108 3 4 27 52 1 4 80 180 4 8
Unidea1i1:91v.tlal1.'~1: 1~ ,; 3 5 136 244 28
Untdenti«~«< ~ ~ ~ n • ,. ~ 2ll
Tabl.aDm ~iindices (0 1, lht numberofprimaryp«g100 n,miles)and mc.'si7(MSS)Qjr
A.rtlarctit hWckhumpbaok\\ hate and fin"hSV~e by two
IllEoot
N
v """'
Slt•lll'l'l
Aream _,-IV ,.,,,
.... ...... w..,
.... ...Ol Saul> .....""""'
O-ue• l'lale 0 0 "0""' 0 0 "'
0 2 0 0 , ••
-oi--hm-~ft! 0 0 • 18 0 " 0
,.,.. • 21 • 22 0 0 ,.
"
rabl.:b. Sununaryorbi()p1.duri10017~JARPAII.
s......
""NIU -IV NMV ,.,.,
... WKI
Sl_• .. ..""' ..... ..-....... ......
0 -• 0 ""0"' 0 "0"" 0 •
......... 0 l 0 0 0 0 0 0 3
M~ p«N..kle 0 0 0 0 0 0 5
SOUif11lf.l... 0 0 0 11 0 >
~\lllftl(C8rc.'IM0 0 0 0 0 0 0 "
T.... 0 2 l2
• •• 0
11
256T-nN"•7. S1t1ntn111) l Vmphk~r\l•~l151j:~un;~)' p lan ktun nt:l sampling ;.:on1001JO$duting
JARPAlt
CT0($1i100Nt xCTo EPCS Ou\VIbliveechoIICMT NORPA(. ct
($1MIOI\t(d.ays)60uf'(06yl)($1ltlloM~~...,$)
v...... <S2 KS2 = KKI ... kiI
Ateal!!... '•" '"" ""' ,. 10 1 7
So"'" 10 5 2 " " • ' •
.... • 5 • 7 10 10 10 • '
Srna~mAleI~ """" 5 3 2 ' 10 •• II '
-. ...,, • • 7 13 10 •• 10 2 2
""'" 2 7 2 • • • " • •
,_v-. ...... " " " "2 " " 7
-· • • .. ,. i2 .. ' )1
T- 53 37 ar "
"'
$.)n•_1111dJau Nunlix-rofISh:t.C
\i nlc 1:cmllk TOI;al
l"h~ll\ t<rdofP:hi'~•tlCkf l7J 2i~
000k~~th:uWK"i~~'fltli~Mrn 273 27' ~s•
,\ lmil«'ffT('J'oIfI t.."'"rnalbcld)flt'tlp'lmtion 2711
IJud)ilt)l 6) 33 "'1
IJ.o\oo'b>~l ..'g.~~r:~JU ,. 32
Slul l IJ1QI<II"I'll.tlenl llrnpllan d 1;1-Ci263l 169 HZ
S.ab!Inl~"inl (fl.~tTthcIk.1"1l poiflbl ~1J 278 SSI
()~n lioo(l~UII ~AI1o0 111< 271l
M~'lbdn Mntnmn"lrR n(i 1111 m
Tt".v.\.oi&th 213 21J
W<i&hlool'lllonaldll\ -,IU<'al l73 118 SSI
Ol11tfit~•• lon 17.1 ms SSI
It~ pla1~h1plu~iCilll'll...:.i) 112 178 "0
f:atpr...~dt-l~in'"i..,n lJJ -l7S
(k\llkonll •de1cnn i~rt~ 39 9t lil7
T)lllpo..nkballu 1\¥al)..nk":ti ll 12 ;;
1-A.rt-::fb~oroc.-Micana1,:.~>1t< 112 ,.
VC'11n~'flip f'bio~cl;,l0) Ill ll" m
Obscn~ ldioik:diul'~liQ !7ll n~
Iti~Aiogiw rklcW!lldrillltl
tf-iAuk!smpk:llmatllfgi111W ,. ,.
Mil~IJi k•tchec:I1\ld} " "I
lb~gtL-,,_,npJ(ouli~ 213
Skin 1li•1:r.'~S~c-ncrtl>~ l73
113 m
Ulul.cmiJ~11nli~\•i$~fOCc"tl\ifOilnk'fiUI •n1?3wtin@118 .,
Uint atld ti~)!.ktI'TI•Tn m(ni(is.af 11
C.n•~lW~t~~ i\allinol~hro.lo S'g.UCIId gocwdm m .,
I~~\ irhh~l4'Qib !~~llid()tic-.d ll
1i~~I)C\1l~S51""} {IDU61<e, bh.Jbt<ft 3 •
J"i,a; n~l..t~'~IC.~Ir-.hlu \\bUIDCI'oC) • '
S~1- t<!l~ -ufood:mJ lix.linJll luJ} !l '
S~l.d PI\tCffc.'11\'lrOOIIIn'lta.ii'IKotlltUt"'lf 11 !2
~''"" pm~llb 3 j •
lnttr~tol • !
•hntr~rf!~Wr:ofl\::lv• $2 om·
~dallo."ot'wt;lt\ ll ll 11tt•
Cvtlcc•<Sfllfa'ilo ,.
f~t(led kn~fir~~d¢':1(ffllin.Jtion 18 17 )$
~cuSllr.tge~1c<1UII) ., 3~ tm~
r~~ lbrc:mbf)@ls•u~· j J
eyr.tn ph~ll.ltrt~K'-.100~ 1 •3
•mclud Ieath (~llnAA.'I\tifl<o.l-
,.
257 O.ble9Rc-PfO iO"\.~"ofAmarl~mlnh v.l~ ka·podin1007iOMJAMI·\l\n1\b~-perctaut~·..:m
ra1of~mpl nsch sar.uum\1oawt•malt$\\3.l; l(fde-liJb~ll))lli Y;.".''f"d~ace•
(1936·k~" repr<SA~OWnb-Pf~Jm:1t1c1mak\OoithulOIJ'Il\ul'tic\lm
NN SedcwSCratu~n MIU'eT.... Toat OlfT-
1
Ill Easl NMh ......464,.114~ 214"- 0"" 00¥. 36% 3614 . .,..28.614
Soulll ,. .. 1)(1 " 1 1 1 1 101
11.9% 46.$ ~41T% ~.4% 05% 0.5% 1"'~ 061< 0{>% 3,.%
Nortt1 15 13 10 .. 0 0 3 0 0 •18
West .... 2.3% 8011% l2Bli 00% o.cw. .... 00% 000% 3120-4 176
Souil1 8.5..233"- 31.,. 15111 OOli . .,., 431L OOli O.o% 6&2%
IV 0 0 0 0 0 0 0 0 0 0 0
Eatl - • 10 0 0 0 0 0 3 13
Souil1 ...,. ..... 00!1. :au• OOli O.o% 23.1%
"'0"" 0 ""' """ 0 0 0 0 0 0 0 0
v WMA
Soulll 1 28 • 0 • .. 0 0 .. 117
1. 1%322!1."3% .... 00% .... 652r. .... 00 ..66.7'K
Combined 78 106 vs .. ' 12 188 2 1 278 551
12" ).~~%40S~ 11.4% 0.2% 2.2% )(I1.. o•,. 02% 50.5%
IS
258 ... ...
..J~~t....~...-.W.~.••','-r....!
'" ...
A~CTCA '
~ ......l"
FilOcotttDC:aton~n;hio(1007108 JARPAII. A sobt:tr10r1h<'m:St:ntsa bordc:r
ansoulhm1.5tmUL
..,.
Fi$Ptt'dcl"nt~eincsof awo sighting \'essclsne (red) n!pi'\:Sl:rll$•\ ILA <CO-lliid
bordct bc:t:~su-I1r,.11~oc() tcprescdgnc.Thtdline
Wti.St5tilllllt(d~«II~~band lhr H(lnelt ft)~PSS1/
d11ilypoi~t~ ccclmdn~11\l!TotN:a~nolatJ~QCcntt.'r(NSIOC.
C'"ont 1999}.US.
oos-
~-~~~~~~ .~
XI6M4SE 56E 66E1SE 6SE liS105£11!£1"2\3'.u:;e15etfd'3
l,:l'nx:h:tmnu)C(oft.sigtuing aDdsa<SSin 2007'0, A sif\gle1
tmcl..line rcl)ftki!I Sthcn~XIca1Ke ofs: ~reh ~n,ohann«< but
Elcnk'nmnllrcfemFt~0
..~~I "-/' I) \' !l\'y_\ I\/\/\ /\ '\ ....
..vv 0 :: rf ~ ; >:v. '~ ·- -_
_, _/ ' IJ ~~ I I I I I I~
~ - - ~ - - - ---- - - ~
Fig.4 Sc.vchin.gdfon on o:fmo 2001JAftPl:.Ifof.ltf$t":>
n:fclfi.)l:.;!
16
259 - - ...
.. ....
'
aS~\i:00708 M RPAH.
17
260oo-
Fl• . \1ature-malenA.lt1rc-(cmnkulo..A:Matun:lfcmlllt'RVAII•
•\lafr
• -
r
-•
; !••I-,~• IL J.
u.........
f't.ttUIIC' o-
-
j•
•
-
-
Fii;.Id~uof 1\ntnn:tic~7JARPA ll -8un<1ykd during
13
261 ANTARCDCA
~s L-L-L-L-L-L-L-L-L-L-L-L-L-~~
llO!IE 100E
F~.11. Stl':rcgubcl\Am~retlcc whule,. nnd huntpbacl.. whales tn lhe DB\is S.e:a.
ll1.1wt~c)twasdomiruutt11onhofp:tlJ}.Sewh~.An1art:ue<d
man"ftll\t'Unlcd poly(amloCd,ad~2111~Of d1\!r1'41ilf'«<
r'"S..:XUlil nuuurily of the ;\nmm:ic: miliuiC'.. .na\\'1$ tq'lfe;t:lllcd1\ foiiO\\'S
m:mtkd~htll.'~Ue.. Immmateunl.no"n (oe . sightc:d)
..
.. •"llt.,~,-
•Utlol.-, , • .,
'"
.. .. ......·
·'....''tf:j•.. ·.
.'
·i:i'·· I''.....,....r'
.. I t'·ll.. ·'·' .·
llll'•!:, 1;-o!lo : •
.. . ...;···.t··.....••.•
..
••• •• • " '"
flg.. IJ. btt\\latit~$hdpotio~asa Wrfllti: l.tml'(l'ntl.l«!of Antan.!tic ntinl..e 3tld
humpb;)c''-':t!:t!t$._
19
262Annex 60: Nishiwaki, Shigetoshi et al, Cruise Report of the Second Phase of
the Japanese Whale Research Program under Special Permit in the
Antarctic (JARPA II) in 2008/2009, SC/61/O3
SC/61/0J
Cr uise. Report of the Second Phase of the Japane se Whale
Research Progr am under Special Permit in the Antarcti c
(JARPA If) in 2008/2009
$11KII-,U:)HI N!$!1tWAKI , 0t:'t;.fK4J,VMSlOKA 1, TAKOIARR-\ Nl>0 • TOSJiUUI<O ,0(f4)t-
SJ''Or.\'<1KNA KON"Ism• Hll0.\!1 s"KAZtw, NAKAI1• llltNor-• 11~•AfJKIA"11.'-lAKA''.
11 1 1 11
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Ymii'1AKI • MASAUINAGI~ \'.KYOSI\'EYOSIUDA,~UKI FUKl1Tll\l(·.:.TA~\.t.I•lHO.N/1
MOitiXE '.IL'JDTAKASI\1\'()SIIOM
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'YaN~I J'-hi95Ja{JafJ
KEYWORDS: ANTARCTIC MINKE WHALES: FlN \\'HALES: t-IUMPUACK WIIALE SAI..El:.N
lVIAI.~$ANTARCTIC:SOUTIIERNfiEMISVIIER£:SCIENTIFICPERMITS
ARSTRA Cr
Duri¥ the 2008:w.~ <Wntn\~f~. lh~ Phaseo11clapoo.es<Whale Research Progralh~nder
Spt.oci1nnh in t\n~((iUARI'A IIwn-«Wlductcd (('lllowfuii~1Jcierc1pla.T¥0 dt.-dk:u~l
sigl11\~t' lSs.s),thrtt sfgh1ingaridsomplifiS\'C"»(flra,c; bIt.>hp"'Ccn~ag«< in lhc
rtSe".(Qr10..b fr!~I00...-o 2'm0CO22Mardi 2009in lAr.V-(IJO"B-170°\and\\~lt f:lltl
of Ar(a \'l'W- 145b\\'),.The tocal searching distanot was 14,3$1..15 n.milrs and the foll()winKsrx.oico:. "'er;::
sighted: AIIWe inLc, blue, fin. sci, humpbsc'k, ~()tllin~them.lbottlenCe'haleThe
Anw·climini 'hale 1,973 sdlools 14.383 in""ttc'edominansptci O~tof100school\ (I.SS)
individuah)th~rimill)'stgho( Antar~miie~"'hale,;b) SSYt.~ool. ($.3.indh1~l "sn:
ltl"£(1cdfeltsam1toraJof 6ind·idu<\1$sampied(M of J4 scho(I lindividuaJs)in lite primar}
>ij&l11pfliwh•~l b) SSV,.~hol (I in<J;ivil)as targandsampledl'hbQdy lcns,ofl hb On
"'haw:u-l.a.19nt(imrnarute female). Phot()iWt C(lfi<Jut1bi~.N :u-tbakdwhales 2nda
lnfof$0 nnil~awa~photOj.f{lphet~aof14 skin biop:s)· was:colk-c1cdfr.:.mfin and humpb.-lo.i:
"''-ales..(CI~l (Jtcle Counti-and SiziS)S.t1:Kif\ C) C\Kldm<tf.:83Jny~by sv sv~
..:ooduthe qu:uui'l:'du~ odtsrun~''Or16-¢1)"andIK!\IandNORPAC nd sampling t~t.~d
Limn~.spth<lyin thewboln.'S• <.-aCTr dd XCTDca$iinKSwen~uere 1.160 ond.I(•)«~;~).
tcspt d:y~he•nair;.-suhsof r\C'""'a~follow$: I) Wtompo$ ililth,ro$C.ilrcwlasscabfe
CQ:np:Jtoprt"Vi~olf\(,An:arcbt miu)..t wh3dominant.humpbacwas srooaa1dtin "hawut
third, 2) Tht ire-free.cll.1c;eawas~bslan,<tl:flCtfhan fn .)1.'0.'lfh th:•nsltosrrC'<t
Amar.'.mink"~'h:t$1.T~eel in the Rou ot~Ard;VI\\'fSThe IA."nit~<of1hsspoeidwa.~
higher lthfates'"\sunC) J) Man.amak of Anlarctk 1nwas-dl'tni~ Ar~ VI Weswhichwas
sur~Jr or1t1f~tt~t iJanu3ry"t.ic<lOOII''\ittfltbsc-4) fiB"'hales wttc " idel} dis&ributalin
the-n«thcm aDd$001h~mla and l<t-Chool\\et~cd in t\1 1.SIQrllilcil cotf fin wtrilh."S"
:o.lulw~)00 k¥qfl. riS) l'lun'lwhalo"·er\'lidelydistributedin d•e rcscardl aimkxand d\:nsity
wu.higherthantla~11."\) 1lctesC.t'rdllliCI.iAt~.v-an1VI Wcsewa..,inunup$C'I\imt:$
t'vit-ol\lll d1t:'-:"ig~t fflp\~ b<b~)
263 SCFGI/03
INTkOOU-CI l~)
l'hJ~pan ~ halR.¢S( iogm'mundC1S'i>«'blPMnithe Atltal'(:licl\\;.s ~;ond~cwcn1
1931'8 a~ 200-1OSll.~l,antnM ..a~$ .nJCTAnH:Jc VII.,tillnu-m:wiocon~"'n titoo~t
~-.-guub (\1,:in¥- MR PA prO\'J!widvariny of inforroatioo on bJ)V'.llfl.L1cr$ otl\nt:~n."'ti~
minkc wlqf( (IJaltrttmpleru l~1.:'.1.n~uelmor~a WJ.tieierltUllddWlgo. Q\'Crlime in thetagr
as m:11urityat ~•en:ul'\l'ai'Mnthe paramC'Ccrosf rdef«--scocn:anap. (In'.l"99.H
AnM)1nD.t_;;,200.S),•I~dOOda~ tadther.,. ~t1.-a:.'SlU::b of Ant11r.:tk mink.: wi-.;1I(Sin lh('
rcsc:vchareabut lll.cirgror;rnpfliealboundaries"c:redif011hc:IW1\tc(P3.S!m!'006.)
Funt!eJARPA fO\IM11'polul1t oorlccntrutioo intLc;sl.)tiasht"lt\')' .-andVC&,WtB
~11eme Jiw•Yasunap dti2006)...JAh~th.~<~urol ~yobsald •alflu:l1ncdtinilip~ooled
obj«lf v~WC, 2008).
l.kl$cdth~(;OOsidm~ th~G oesn.ent oJa,_l,.1nchtt f'l~~preln-ns$llyeund\.Tthe
S«ood rhaso(~the laJllk\Vfcl;c~-;~oPruarn1.-hd-p\."CCoPlttmit in lflc Atu:.w-etic(JARPA II),
wmblninsl~h!ll nlr·.\.;f rthods. S111rtinfgr(lm taustrswnmd'$tasontilreseartlt plnn
l"olhJ~RPA II wasprC$t:nlt.'dto die2005 n•n.'tin_ogf'~JJIW'Ct«lsfOtheJARPr\ art
buk:aUy thWtlta' thprevf oAR~J\ "i t!\ sornc modifteatrof\s imoh ·eboch Mn·lelh:al
t.:M:Mtcdlniq,wc:a" Mshli5~·~)~bo.s.rsomplin.g.acsi.Wlcr~xfS.)o}X'ttnJ thl."CQIIL'-1ion
oloeneQai~u: daUt.:md lclhal sasiniooll!ao.lor mu.in informntiun. of vit.il imporOOct'to lht\
0\d'all -st~uirc e;x;)mi r ito!ialorp1s such as CYaries..\ndSh'lln.a.lafi'*hw~
~$(CU {200$12006lind :!(}(Weftd~'.tid tr.casib'Studies . E\111luaiton (If \t~csfciiJ>ibility
OOflt:ll.4du: prncti•:11bilitayiXIapprl'lpl'iaitne:ooJfS1he planned '\"'adequate:samphn.gmethods
andoould be u$00OM'l'thtcnlir¢SC'..It(oodcr n«nlloondil GOocnmau of Jspan. 2007)
'rherl."fOtlJ'apll&e~CQ.dtIeoigJ\:11plan of JARf'Acxwn~bh·~ c it:will beC()flduat.'l6
followingcompletion\)fth)tilofthe ri:S(CIOn\me~ntIJ~p;2m0,) ,
1'hcfulll-~JARPA II S12rtt:dffo200108.5e< .IS$ a loog-tcrt.'St.'WCphrogram wilfl the
f<.llloJlij~; 1i)MosittYlngthe Antaro:n\)'st2) Modtitint«at1iam~; O'l)sp«:inand
dcv¢lopit\n1<ran~£. objetl",t)Pl.ludJ t~ltrJIn(;JIn;1r1.sap; nctcf. structlftand ...
hopr01ing tbc rnan.p!'«"~ttrrlu::;\ nlminkewttast«k AfWAII fo.."oCArUlW ~in'"lk
\~al (8ai~J1b Qtf.llr~·mhoms)JOO''llt(M-t1:•1JfI')~Ieunx ln \vll(/. pf&,vJJtni~)
pos.si~h(''pciC$in 1Anmrl« .'<3i~)\Stn~'foJorpu<J; ftcUtt«ic lailt An~npl cit.o
fer the fulltesatf(ltdsal );'tn!plingJurt 8$0 ("ith 10% or allowanoc) Anl(~semc ntinl:c "ba it$
Indian ~;and W~mi SoothPacilic S.ocks). 50 hurnpb(VI~e~·tocks) ~~~ftn0whales {lndisn
Oct'.ln;md\\'es:S<lutflIJaeific Sto.eeh~f~i~tlyStudy,1he.ans.mp S~zcwa85~0-1~1.
A11111etliul.ellntlll."lllin ""h~·ale lk not s:amplcdd.tring.tht ftaThli~:ttuhcudy.
rq,oof !be20080911\RPA II. Duringthis'-e'h~<S::l:~lsttJ1:~~lrae'"vuloot b1",<.)\'tted
completely and thC'number ofpiw·.r,~..$a"II r~uoth<"iolcactiO'Isoran anti·\\haling gtCII.!p
OhT i6 i.bIIOW CCJ",~Of otJI'f~taritdlS \\('OOUil)k'tt'Hlluable cJ#t, :11kJ\\ '<'f<iC:S
obtained.
RESEARCII ~IE1110S
Jttstart b \ ts.i:t"l$
Thert'..-n...wasoon1pos\-dofdrd icatcd sisJ!tini; \;oiJltlfIJ $1lin\'::.ds and one
rcstatbasshipFCIII~ \Cw!ivg.«~~S,~
R(':Scr:hseship
lt/;t,/un•(NM~8.Q.1.JI(tfiS)
2
264 SC/61/0~
Ocdi~tc(j~i~\t«~~I(SVs)
KJvP.l~M NQ .(K$2~372 t0111ttl
K1Iik,o-.\lom(860.25tms)
Sishtin.JMJ samv,:tlf(SSVs).
llt-lhii,..MannoYtorts)
Jli.4tht-Manl,'lf»,l (VS1:7<17tM$)
li1Shiii.,AlJ(\'SJ: LOtTS)
'1\\SV.~tr dn!"-'3ttthe !:lisJ!tin,r~.:,p« tU\~< y.C~anogSr W') ~tito0$(the\-I\"".'.
e>;• r~wf,lnrtSSVs \\tre engaged insighringand~aII'l-N':\o'Ill11c::wh .Jtnrwhih
all bioJo:(ticaeJxaminationsof satnple«~d'-d.e, \n.'f..:
R~ an-h:u"('aandfl~l
Thearea00\'ct 'JARPAII h t)asia lly:sJ.R,\:theQI!tSpwt o(AreIll. AreasIV ondV.tht'
w~t unp:1rof Are3.()~E •N~"\'\':).\ofoo·-sIn lhb Sdl)()ll. JARPA II Wtf:l:).Indian
Oc...aSu.,i: nellW~te moolh Pacitic <>oranScocl: of Antaretic mi(Pit&h:2006) in a
longOin;~~~~lof 8SOoo the eas~ide·f lbc.JARPAIne:~ht~~o :13~E• I45°W}. , R'.I shtM-s
~~aphi clo a1o<n1f!ekOird~ farth~:=200 JslPA0Isrvey.
Fe. th~W'C\)«trbe,.~1imtaof l:hc posilion oi~1t"dsw;ulx\:,ed on our "J~~r~ar
Obs<:n-taiurts i«~dgeeswell ao;elleprcdict ,ie'SI'Itidlle tTeWt'fliomna~ eal time
DMSP SS.\t/1 daJ;!Ogrlddllk.!U~">'er4'r.duo scca\ail;tblt: fN•tion$1)0\und Icll.11a
Cenler (NSIDC..YltiC'ul199'9),In this.season.thtC-1«ar!heRQM s:.\';IIUI;)(;iyIIJl.~
thn.~evio suveys(S~Appendix A\.
SllrH\) frstk line de.sixn
~rhesurvey track tine for the SVs con.!liil(' Jnho~north('rn strat um at u• longit\1dinal
degreei:ntervalaa(Qurl~$ in the $0UthQrn i!irOt.wn for 2o:lO'lod~itu&nte.rv.aTl~
SV&itltomatel>6\U'\the north!lrn and ,;oustrateach Cf06'titni tholim•at the "'turi ng
point between _two stTh~)41r·tvt)~i.farllle SSVs con:;i>e<dof a zig:l;Jgoout9C'ehrutging directicmat
rJO'a 1:40 "1oo.giludln:al dcgr«l'brp3fa lUt. nts:"'n'(' .sc.1at7 n, miles apaor. The IW\lh:g>
tntdline ft. tht 1~r.a1d'A1'<1~":'Sf'(leforthe500thtrn Slt'laUitl. in iJ~t'Orrl~ttJl
anJ nW"~o1r1¥ctb the norlhcm strnturn could ~!y.sut>-ateallCCQ10",ifl»nJ(.: 1UtYC'.)'
Htrwl'vin thSieiSOdu10theUucrll-rtl.lSVoctanledd't~: ichc-n«l PQtoTnt~" Vand
VIW
l'~IQI:I(.lilidlnlll int enni 1U1tfnumbe-r ortlu susuiHtstardrt11C'in tbco
ThtlbniJ'II(lntm'lli 11nd numt1..-_tlh~lnofSU·c~ytrack lItqdl '-ur.:$< 11e'Affl ti
f<J4fllWS:
I) 11,cwesupi!of Art:aV(including west inlheeas1c~"or Arta V)
1'htrcseardt awa~SO\Mihf 600S &.li11~E(o 1.30$£ Tilt stnrting poi'A~oC1IJO"E..l'hc
~Uf\C l''dlin\\3st1d8i'JgmnQI1h&lklsoot~1war 1dl.loghodl ilra'Io~CCf\q.(\'MICVC")'
traclfn.:wu P 40'fSSVsln souW.la ;~ ~"~dnc.'f1nuu- 1u2-JO'inS<l Slllm rorVs. SVs
sun~) 'toderotCt 101t(twlc&'>i)n lhenltllt:utd1wo1et1h(four IC>SI$nJ1he $. tltSolr.UW
Z)Thewt:Stcp.lof Art'a\'I
Th='f~I'G 1ra WASv..un(6~sNld from1-'5n\V110• \\'...r.m pomnaot.:S\'IUKI::SSV$\H:re
265 sc /61/0J
1145~\\ Ilil!o~t)r~ de \HUm ~.:i ig.or.ang)001)twc~twitdTh~looxitudiN.IintU"Va.1uftJoe
It:&of S:)lr-Lllc: \\I -10fn!he $S\ils< t~UrolftiUllIn nonh ~rwiIQd":30' o( $(tlllh
'>lt'.fottr~\'S\\ •unc:)'tdht order ofe(t\\lcgJ)1'"'tt(Wht <>and tw<H(' tilc~)
intb~h ~~"-"'
3) The amtnJW'v(\td \
bg.. '<Jfth ,.,.,_
l'l,t~ .. nnpr m.m~6b"SMJ69"anJ' "*"' ~ 110r rh.Ma'UI'IJpa.setlkS\'""c.r~
110 \\"T1\W\C'tQct.l1f~-asd tigza@:~ ..JM*id~1I1O1~-1 ~«4a 110"\\ 10 1E. The:
tt"'!t r'r~llofa..it rootlt (t•o Jestw\Ql''*"I" "':1S b S\'" a.~ r:u ~dW-le'ft
170Ean.i IM EthC'~~ofSUn.:) lr¥1.11Mv.n~l !romhltoW "dcnll*1of Arc.\
f.lm·South ~lllSciWI'I
Th~rt."S\.n•u"''j~)lctf69 S bdwl.~~~t.o-1~\\('in~•I•westof 165 £ Mco~oSI70'. ~!
the!h\nrr pan lotlSea). ls~aingtnd"-"ldingpo1nbo(SVs anJ.,~Vattc":.lm !>l·ytr•cl
line-w§C li~i lrHll111n~ tt1h"'t::.lCi\"taI&IntheRQ;l~~.Ttu:lona,itullntll:rhe<.~
sune)' lrltnt~ SSVund S\'wai 10Tht $lop®1t o(thf(flj.i n hesln")lrwl.lcv.)e
<;b) lhc l'lln~"" lluion,J~I !lcnl.cl,Ur)V,,.dine ""s odjustcd C(JI'I'np:o.lditno&l11ch:c
~line"''" c"at'd1'1."mlrb)ougb tir~h p..Tio-.1
&tJni•t••Nd
\l~llllt~C' •tcfoe.-ntas"'~ pi"C:'lIRP ,wnC) l'•)l~..io/.199?hhi~ ."r1J lCIUU)
rbc _,,_.Wl'c)'b)~\. ""m COIIob:lcd•lkt.rrwiNd\J!wqtii'Oek(.4~ a ol Antwatt m•'-c
Md r... ""'\\'f'I'CIon tlptddcnTnltdend.: l4thr,ftM~cd - -.MtcMd CXIIIGmted
~~ lll~Id wet . lllrce~~4\11: 4~'K~:Uri tncl. lll'ltt lapart.a•SW~da Sfl''fd
11.5 l..n(Jb. 1'1JW\C')b> SV!oWtt~«<llndG ltmtlc:d d®~and pa'\$1.nJmoJo{1fM
sighting "'b n1ack1'1t1h1e prtr3Ctbu:,.d\c'$lKInO'-l!l'j:II\<v.h<Jie-ds:l~dlinlld
IN.'ftbat~wt" unlrth'fruplt~undd:~'It( 1)(J,rl()ti
Ibe )lt'\'C) wn" o,Kfl'fplimJesc: ~&oo;l.l(.ho1c\\hJ$1)«'bclO'25 . « in ~ 11h
stmta and lwooicn ltlcstta1r1v\i~ib U nCy!hai1.! n m•les), Innddilsiihlmol'AnU11Ctic
n11nk.candl~tla !r"h\~ 5U"I't'to~dth(l'P«:teth.,v,ilpprL~ bll'BdNtt«Hf hotlbor;l..,
~nn '""' (Fl/Niur(JW.11fvpi&m)' naf((6\" '~w~.'I~Wfsr.(8.th.u)... (l'hj'M'~"
-.-rrAY}ttu/and 'IOOth~l fH)J.'ftn-plt.Mftfrt.ff'"t)'h-aks ror cc:.\pcnli M~ct.I'It
SS\ tIIlI!Prf~ cIds..e ""t~koJ fOe)\~ '"h-Ie-d~pP ia9gbt1n~C')
S.•pl tftEIMIW
1"1\t',,'w<'n"~ tutl'lp4ins ~ Salnp4' M-~&~~ rrunk~~(w.n: ••·h.-.-~)
~mJ~ 111t1\ha"u,_p\MncdWI1M tC"SCUd.l-Wloioffil SO.,ttotwoMwebe fl'l.n~hak fn-"
.s~m p'ckn'dlr«<l <"3cltpritiW) .!o.iloot~"n'r"lf"t>(I( lhc trr1'""'•e\lmlrnlfll.c
"~'l "l~nbelnar'ct fsarnptmSan1pl1n&(;!'fin wu4rc·nrietlo tho.animals e"1u,.dt"'
11i!lcna-th lr•) ltlcut lhc:limJtnorN\ l lll(Of(\illindltanimaCfib."\lld Of"hAle
_,_l\1,11lt1n \\:U tamptat.-apriti'•lvc~"i1ool wlthn.m\11oflh taclin I~·oormore
Mun;li!-llml!ti11111\'\<: nd1nlh("sr~t!o,on~ OOIootof lhrfll was mm~lt~.y.'ttd
l...o,o•• d mltkllt tJbt.i~unc):l s:i"&
llluwJt tiVI."il.s·r.n "~fO:O!fl WItb~"k'td>d~ .eScnJ 60 S c.''-'lltI•rta'-111\ln
IUbOrlilttlrhrCSI.btdtc:scS ~fk-.) ~~ in••• rCJI"ll1
266 SCI GJrO:l
Rini~N'•II'flotaf't'h
.Mosurthc:obiolot~rdl m~hOd~ u&td Ihi~JAkP1\ U "'" .~C)dee-lopand imptO\t..!unng;thc
JARI-'A18 )Ut~~f\ ~ioiall~i CI fC'S<Chn!dudi1~~~~ to-)~~yl ;tf\lltampkd\Oof ...,~
C()fl«l.onh~'~II
t;)ptr imh ll.!i
Si~lii dh..« Mtld•nt. l" nprritMe.t
Thh npC"timmt\Oo1t\~"'f'idd .rro.n.~llttheacan.."of~ ~li.lml Mlb~Lint~ •\J
'lii-.~'''entJ b) okotntnofditc-S\sSS\'s.
,.o..l. lf,..,.af"\fWrilaNI
1
O.C Qojte.fl!fi«•D"'ef~ rdior ,...f-!"pl•a:or du•n~al •~n i&:b))~V4~ "''-'ltl 'k,
-.'*-' M.Jwuct!cmr~ "'i\aJIS.
Bioi")NfltJ)Iina
In addflionto thl.'la$r'h~I~11peotu-nlilmfilco.d'liiC!p)gm)'rigbi...-~111 10111hcm
bottiMOM\\lUIwc~rt'*f,:tfobtq) S~.~mpUl nl)the,y~ llld SStdiftcompuufld~,. \ II
C<lfMtd-.11~wcu· lfi:SIat\30"C.
S. ttllht 11t11.&1"1
~ \''I anIt!\'52•ucm,ccdSlld:1g.~ o.A -.::tl'f'in\ca:ndhump"'h~t\
t"ffllln i••, •P"'rinnc:r
PfC)~tLriil)"""' Mn«cdkclcdus.••alht.~ .l.. _t•dv.UC'a\~KI\i") thnt.....
O«.•ec,. .pttif~•ic-~~~n~r
M • lind' \ h concluc(ol~i:Qotnl tiOCnpSW\'C)\
I)("on'«'timt•sut<'ml"ofSswflttf'Ia'w~)CCd•-i...wrtl~-thorp-olld•!,vl,~,.">l"" rr.KC"
pitdde w:ln».lhc:I'IC'(t'lIc htt klt COIWittm (IWCS)oo KSJ...)11
l):<C1PMdCT"t)~.sncgi~ K~lundKS.l.
)) Kn.'d'Ilti:M"nic dio (hr~il arco b) It\..-.1KS.!.:addJrall m:tnne dcl.O.WIt Ilk"
"\ICllnrAnlatct!C miwbl~e" IU t«(otClf'r,\;J
_.l)ldtllI,U~·'t,~t!Wn:ga:s~:i~ trt~tifi U .SOO• id~ ~ 111J1I UI...1,
:~H.; r~\IRAD. ~orwa) w)stlldfolf""t..ll()n~.tid ('tp-q ~ (,blkm ~~
II.J~.:w~ sqti~•"bOo- ~"1l«1tb}... ....... ioipoogwn")lbrot..glithc:"halc:...;a.\.1
M ld.liiit..1!hSW\1:)KL.I ckp!O)N Afp~fil 1ota(;otiftnde-'~ )rt'l!lhitq~et h'
u..Y~..I chtaof.iJR'IUan4 mid<k la)t'f' of '.Md OCQJl~imuJ'" I)'D.l(\) 'l•lsh
~tttnt rnotution.. Thil was dclne•• ooO\lo\J.,.n\b riiSd~Lc-Mcd r«hn~ Ct,na
CI "-\..tSTrC' )(S« itmsqqm mAROO J ARGOt: htn-')
Kf..,II..TS
o.ul t flilh'uhc
';Vtd~n "<(<orn Shiopl11il11oo ,1o\,~mbc nd itnncAftweci~ hn_\&IJ\C') t~l~ 11n2
\'Ill~nhd .SSVsand N\1 d\'f'ufrum !ooh~~' Md ~...._~~ .'"'>o: ~1~""'to •ha
i4•r tf~i.~Jt !llghtin@a: ndu~,.!M•ndw tt"Vll:wn M 10~
''"" r\nuw,:~f< pcrW!dontm o.U.C...10)ila &~o.10 (}rt,."'!001 to l! \&1'009Th-e
,~ q~ w-.u~- a lo ~., dot ., \K'IIaM• tcrkM8>lilts.e~~· r.w to "'''
267 sr,161103
fntcrf~IIC1.'St SVet~u~lh1'he•lOrlhonpant\rcuV.00 VI\Vund• paof thRos.1Sea.
SV (KSl~Ar edhuTokyo0t1l ApR AndS'V(Kl\I) •rrl11hle&nmt119 Am i. SSVt 1\dntThcd
uJShhnool)'(lfIJ A(WId Ii,\prir~pect. h'cl)
Ruul~tor Mft·lt S• r't r )
$i]tlhumoy umJ w}m/'fv:i,u~f!.ht.~J
Ihe Ulellls:ll!d•i1ances were .sn.mil•alflsistin7.61Ll6 n.milcs forthe two SVsand 6.729.69
1\.nlifO•he thl'® SSVs.~I'ib wc:reldaul lkd durl~rdthc periorahlcifhows !he numb« o(
slghtln.pdurinSUI'e.11e(l)llowll\~peiet~(b:Y e1eImJcIIcnf\n«<.An1ordil:tminke. blue-.fin.
sei. humpbx lr.and .oolhcm right 1\l'llt:t. l~h~l~ -'P«I""'t'lf' ct'dr;mp eM )tuhcm
bouknost~hall c.)(Tobl
Ant:llccicb whale:Yo<~!htm~ abu•'ldtpedc:in lf1·<whole RSCr:v-The-n11bct of 1oul
d~tl:ngofAlllllfminke whalt:Sfh't't(S(U\'t'S..\dJwus 1.973sdmolshtdi\·iiltn*'dt lioo
~18school~;J l\di1l.duofhwr~pl~ lQ:.k 111.c~l .o49 lndi,idu:_rfinwtr~l77~'Kflool.s (91
indhiduab) of $penn v.halts.hOOl$(6J lru.tlvio(nSOulhcmbmtlcnosv.f1.1k15 schcds (30
indi\'idtmls) owh•l~5 -scboo(7iMhil.iW ofIsiYoh:IJeslltlJod~cconcir~ddul)of SQudrcm
rlg"'fl \U"C~bsC'ncd.
G~rlq~I(W JiJ>tributiM, do!tarDI111dt(b rJehtxJI(MSS!
I);\ni:~elinl.e whalt:S
The dlsuibUilonof $.1ghtfn&An~n!lltiCloC.'v.tlalo b) S\'s rsFigo~ul.The)wo-cwidt'l)
di~~r~~t.hrooa tl-ennrercses~~h A hi&flnn~trru nrowoas coofinin1hc Et·iSc:.rth Wntum
(RooSc:iJ&n4Wcsu:mIW' or ;\ren VI. Tabk-l slk'n.fn.dlc(l>ln~m~b or.chtol\l~r' tOdl
n.mil01scardtdi.5l:a,... n'choolti~(MSS)o( tv.sv·,prirl\sijhtioflh.is speby~""'
forthe " hvlo fta~~.OJ and MSforSV>v~.:n$.)$ Il.66H~stX. )f"ibh ):
1) filltAfdo
fin 'A>Itll'it$teWhld) diMtibwcd tt~whok le'len.._~'t«·SOpuhlor69" S. ;\ hlt:hctm'cntrndt..
lllt':llw:rs confimlc:dbetwc:rol-111$fr·1."\(fig.1u~.IJtl.ll(: p..·t ofr\t cav.crcq
sightcd nth~itt cdgtLatgschools (35 illdh id\llln~i,dal$5\\:~obs·~odIn t:..SI·I\'Onhand
West·So.rth Sttftl..n tn Ara:rV.Fortb<."'tldernd M$5(OSVswc:Jc:0811n4.J~~i.\ c:.ty
l'hc 01 ufWt~•oSoh.n turn1n AmV Yo'Ii~(~51 ~"4mJ Wocn 5U!l'(TAbl2)
J)Hllmpbad: "'hales
Uumpbnd "b'l~ \C~wl~ l)di!d.rlbttlt:ldhr!1u~•ho'~.vdt ar1-.a c:X«Ih of '10"S. A higtl
cooccn:traliGl Me~oofi rci'<tCtCI"hand 140"P.,and 161fE-170"Ein lhc:w-cts.cm pnn of Area V
lf,fg3).Th~ !lght&t]p l.l'orlllth~forCAutlr~ rknl.\\'hlllet but lnv.tulaWCfC:fll'c:l)
obsc:neU1the ROBScu (ll.\of69"S) "·here Aowctic"hOlktttetllgh'-''Onl'UIForthe \'hok
re:sc:tJr(Dl undMSS for SVsol'this.wct-2.H ttnd I.r~. tid,.
..Uluev.hm!.:r.
Blue:vohaw~c .aJnlydiuribukd i\ClUthlpm oftb(r~.sInMQI,tspeci il1l:l®~Su CtiJutc3••
M~ WlU1h t1s,hrv1.1.J$In thltQS<o.
5)SoutbctnrisJuwhmle
rtlspc"C'"' "ls¢nc:d 651l1 .5J~-S.a3mU.N)sebool with oae hu¢Yohalt 1l"d\'l11i.lis JW.:
tigfuing sin" fhb.spa.-les b sighted rnalnly In Area I\
G
268 SC/0110:1
61Sperm.nd~.tl.lm'llotl "'looot
Sperm"'IDe~"""c,\,tkdlstrlbuttlt(lllll•c r..-stal\!har<Knh~c1tfS.lllq"''dlrtliiltaj lrl
tlk llrC!IIl bccol lnc~1tope."lattschoo"4ll-af m~1nlo(.h1"pea"" l~lsenc(64<--11"
15711.01••1 1m~lll fc IUQ\\ithin d.el~~-111 j,~l\d'nat\llial'Indie JARPAIndJAR~ \I
SUtH')'S.SOIIIhol\l'tt~~lt:oW.o!"'idd>d!qrillulct"-'1\h!~k JW1 ofdw ~ ._
i>l-•)
PJM,ID cllf~1J.~'~~Pitf'/''Ot
Table l 'WI'ftfd!otmu.tb cf ~K' D apcnmml 1\\b ~~ ~llt.t" mi~ rOil!ardl•P
\~~ of$0 lltpfCW~fd.al "oa"~~ tII blut •tl•1nd 3'9hompl»ct "balohtlc I
SU'ft!Nf&ta mutrlo(he(lp~lmJ- AWlaJotI" )olbi.o p.,)le"«t ool!c.'dmm 111"lu.lt>(., I)
a.d~.t.alnCft Ill
Pt-ey 'f*«<Jr!"""t()JliYt')'t)'
1ab~ ~ lit..• •nmiW)'oac~i cndC.~.o"'ptf"S4r\)"t\Slllflt<l\.1 wndu~1t~cdMot thllltJu·
~ 'UI~ ohc)'ranacdOVIf:Jda)-sli. 2 and .AI b)lKKI n•tlk "'flokrnc-M<h Ill(& ..._.,.._aho
oood"''oow.nrlin;;.ofs~ iC$(Krill)theIK\ITon~NORPAC-n al4-1oc:aci<stbo~"hiJicrC"'Itdt
,.rc(fi~ 1)C'''•nd '\Cl'D casclngscolldvdc.l•• 106and 41 t.x.t'd(rtj:w6llf('$,..,c)
wn c(ln(lu..1tIldl.)" b) K$2.
4Witw~}>'rl f.M:MJrl•·
'JMm.Mf' !HtlftW\t)¥1UC*'riN0U11..-unCLm\1d~ll......WI"I)oft... S\in ifC§af(~h A
toU.ot2$ lwm~ rour.ct
",.,_•"".- ..!MtJ~cr~~
A t.il !kMittaidtank operitnmt~- pttbrmtJon ~0Ja~\ no.1b)''1Ir'4\'SJ. 2JanlhllOOO
b) .._ ~!rwvary~00 byKKI. and 2J fdoriW) ;!b)VS2 11\cC"Sluerrhi~p.tn"1l"1ltMllM'IIin
~wmhn aN'rwbn«
•lttutlw.tfrJ.~llf/lill' ll'h~ll"fi
YS~ fiUCmJ1(11. thc . lt of • .satdlioo~":"ftof buntpblc~~~o(haniiIcoo"20 \IJnYO')
llt.J\W\...,. tpMbluns" ·tbC~nn..mk Wii!~ ""<'f't 1""ilht~lft
Nu..ao olt~ltlr"a)
~+If( 1(,.,...J111dn•bul~s.u wl.l,~
ll M~*'"*'te"'tw~
Owtu(100 """'h (USJ ... t..h.pr..,il..;pta~ ~~v" '12~ooa ~I.Jl9 mdivtiSuaJ.IMtt lllf'tC'Il.'d
lor~f. "totalol679~r~rmak" f'$ iUArfa\1-Stc~d-'GArna \'-~RC' I\.)'ndIL.4m
1\tca \ •S\\ •..n4)..~:ins~;OM Cite' OlktQ lll'ltn'ofsamp lil1ivllv(S<.;\~1npf fHTI
nonhcm ttrlmetar~on ," tf'thr kSea""'-tHltcii;-.d.Ct
~· '" \hllb
Out or, _.ltdu:IOii. It I imSh•id:~f-s.11SS\'t. I sc(II indhid11t\lc\'•S\\OJ.&.it¥.dcl
ru1d .nmt'(.sOISCUSSIO'IS\~o~trucWkidloot.OCCIJfttd.
8/f./f!J"'~'"''"
lUoiOIKillrnca"-US(.'(lftddRibc-tcs-ht.w ....Ore!•twtlota"rrp1'aNcf~It'S rcsc.:.dt
•tem.OJil<hA~the \:1"ttl~fed .,...'""11•taks:
7
269 l'fd,.,.,lll/'r•1/t.tiOill<olllfl~
I).MtiW'oCillh ""b-'n.
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Phase (JARPA II) in 2009/2010, SC/62/O3
SC/61/03
Cruise Report of the Ja panese Whale Research Program
under Special Permit in the Antarctic-Second Phase (JARPA
II) in 2009/20I0
NlliiUWAM, S, •Df'.t1\)~<,T.\ St>UT.1, WAOAt\ . Kl1\1AnAt.S . , 1'. NAMt,K}l,
11 11 11
1\0UAVASI, '. •KOOOI\,2,MOKI,,y,Y<MUIMl.kA. 1,!1, (JUSIII\fA,T :.. •t\ONi\u"\ S .b.AkL
,\L.H~'TboIAIJT''t
IJTlw hutilllle ofCR~re<V..1'5.lMi·i00. f11;m·, i4IIU.fJO.tllf~
1J(WNih$er Cy;l•,J.Wtil')h 'fJ ki-t,7i!/tJfiJ.(].l.lpmt
t\SSTRA CT
"ll!e third f<rcseoV f;3nof the J1pnncso R~n:t~ 1~~ umkr lho!Sperl~ui n d~
1\mructic . aSc(A~ onIIw~s oondiiCtcddurina the 20091~mmer$season. Two brcdd
!lii!11~b. (SV.itwo'ih~ninnd !!"lff\'nsc.(SSVs) and one: t..:seth!wm-li.O.~'nllJip
the 1'¢S¢"rlld.t}s from14D«C"mbct20020Miln:hl()IOin Af«t$Ill E' .70~E)..(70"E
no~EJ , Wesi(IlifE·IGS£)and pan Art -~Ea)l H65"'E. 115°£•. The total searching dist.:an«\•·a.,
8.2Jln.m!l ~h.~n'h ;K:Iiw v~illi~t~-r r..\cti\1by •ion!actil)Qran~tUi· lwnrn:.
grooIJ~ .1dry1s..c"sp«:i'ncludmgsix baleenwha$An~lk(minlle, blue:.fin, sd, nodptxKk
sut.tthcm r\~l)lanl1wo IOOh(f!<lwh(~nnS and $0\lthbotdtnoswereidcntifldutlnt 1heo
rOdlttP.,.TiA 101or986 ¥"\'U(2.24animalSor Atltatm.inl~~ha lre11ighled, ItII\(i
dominta~ies intheresc.,rro fooli~ b)ththu~• k ''halt:$(gro•~'$1187animntc;),fin
wbaJn (56 gmuf. 16ooi:.). Thenombi)~¥h1npor the J\11WNlicminke whales \'o"aaSbout 1.9cim<'$
h19t!th'an oftiumpbllvot~ lldJ'eS~i,deru yblg.lt« tlun tllns.tof otht:t \fS06iet-A 6(t)al
Ancan.t:ic min3I<'SaiMJone tin we~asamplt:d, All \\'htlt~·c~s~amil'loltoonf the
rnearebas\fl.$C,IPhoto-idt.\'pcrriC('l'llonblue, llumpMck andsourighwhalell!ad
IOCI'olrl 3 blhUn~L.10~ndlwO ~lhcm ngll"11.llwaspbotOgraphlt\10tt11Qr 86b«,_syn
.s.ampkswereoollecu:d fromlin (I).fwnlpbackso(8-1)and \Oul.h«n rightIllStn~y(ts), OCC"JlnOP!h
in-~igo.tcft.<t;CtUf!Cratp": fi"~r e'ondced 57poinu using TOR. Them~ItS l)11~\i
SUne) \"ofb (,,u~oI,hal,QOmpositio1them.c~htt1CUwM.Stah~pil te 0 JM'C'tJsRPr\ II
$Ui'VCin this nr2)•be ice-fl\"\"exccntor lht resc:ltt:hata larc1b.aInpasw-:ons.
High dens.atuof Anlan.'::inwt.e;5.n'~-cd near d1econtinental3~mahlttf~malo r
Antan:tmink whale " ert dominant in&y ;4) h1.11tlp: halW~o wN'kytdi'Oit iitrt<-J
~scal \rahanit<knsit)'inwashtl!;l.crti\of tl\nt3ttminkc:whalo Ar~a IsWcsLand V
Easn~ I~S IWCISOWf.R I;O.Ihcw:.sc:onducccdin simil~ti rC3it!th~'fU ~n~.ln
1~5 Antllf't'ticminkc "~ra.:rmoSIdomirunStw~:~fotlow«t b)' sooth<'mbou'loflal~.
Thesesp«irs\VtwideI)'distribu1~ ~rth ~r(' Oilrmmboer(sigfltin.giof Antan:tk minke" 'halo
(n ti)C).W3$.txlul 5 tlmt-s-hia,hertkilnthai of bumpb:1ck"or\\lOl~weenpI~Ii1Wil
.6uno/SIIJ¥r§ISt.ha'htu\\h-as.J~it~Cm~$ ~i)1-apWfli11the reseun:hnrca.
KEVWOROS· ,\..,'.\ltC1\r-f:WHALE:PINWHALE : H'Ml'BACKWUALES . Ctt"':o.'C'MITS
fu\C KOUO UNO
TitcJapanese \\R~!Oh eafYraJnunck~ia lPctmh [t~ Ant..\{IARPA) wns tooducttd OCI~SIUtn
Md2004<0$n.u."flUmme~S,.unck Article Vorchl~tc-matf2COf'wuedM (orche Rev,ol:uit'ln(lfWiulh1$.
JARI•.t\ pro\•idtd a wtdc\tltict)'of infornJ!Cl.ldm n,\nmn..;i-=minkt "lt:tk (B(•I•"'''fJI."t:''•
1.11,11• '.1oa!ce'~nu"1lmnrtofCt~~et MldchtnJ!'.oettfln<'ia~t.at m»t..r it} u "-efl 1n. D'rllrowins
oo~nthepvnm~ ~ offe lc:.'\lmce(ntt n.mcn(IWC. 1998,i\MnynM::!01JAR,I)1l-e~lidtadlhnl
281 lht-\\'<~!least1.~ocl0o.sntarttmil' v.kIM ~Ih~r.11'<'"C''fll41t thdr g.c..,aJ.u!dri~l.'s''
difTcrMlftuth~u~ iQrthe 1\.o\Mt:${ ,~001)Al!iARM foundtb:~hnll r'on·ntratioo i(l\\ftalt '•
tissuu.QICllheavln(' ndfsCBs.W&s C'.tnd towtY3:M.~ IIl:Ioc*f.rttr,JAf.tPA"b(cd11u.nnUIII
dc-C'ft':to(ilC''l\.} IOr~n~tti8yt::periodorMRPI\(Kon~~ht ' 2003), Jt\Rhasthus SIKXfuSlily
obuintdd!irdll(.:d\liint~lpl~) OOjccth('S(IW2008).
B'llS<dtoti~:noidmuio lnws.\'('mmoofcJapmlru.mcbtneY<:IIO"'f!l' $1•;ucd.~.iv-«ondPhase
ofllwJ3pal)rWhaleR~-:h Pn>tttlunderSpt.;ial Permh in theAnc:mtic(J001nbininIC1halandnon·
fcthal mnh<ld$,in1(rQmtho:- 1006a~l)tr.-1summerscasoa. The fJARJ)AIIslartrd rf'Ql(tlhe200710$
~ .ARPA II i;lo~g·lt'ml rtSt"ar.:hprogd~molioin'o*j«<iH·3:~to tnoriof he1\nl iJtttic
l'C'U.I)Ol) Modeliinl\.'.l'1n0nJ~h3!St\-"C1S1devdopingftlll.R managcobjceli\'CS.J.) F.lucidation
of tempclr.l~lllatt!an i$lools tm.1urt-1)lmpc-oi'l)gttlctnaftagetnerltptOOC'rdeufnunl;,c!Uil(:tic
wbak !.looIARPA IIf~ on Ant.artlicm~tile,l1111npbv.h:\MC8frpNr(fi(J\'tJeon(miv.ba(8..
plt)'ttandl~ibl yotherspeciesinth.:1\(cCOOS) t~thataremaj~ator of..\ntatctic:krill
thepr~er~1r1 ftf""'lttlllhe1hinJ ruu .O'lflt \RPA II oooduc1td dur.aus surm.r 1.'3$00
:.oO?to.
Rt'$\'dl \ 't$$l'b
Til<'rc.selee'':IcOlpo!>cdotwodc:dis iiCa,~tVfi'l~i.Isgtl'ttg::an p1fn"~li ..,um: ~<~r~h
bast\'C:J'. e foUowtnsveswl.'u.< ~.\..-d
Rcseard1hak'~I
Nit,. \JtJl(,N;\0.Utons)
Dedicat.sh~lingf!SS(SVs)
SNtfl'lPl·.\tiN(S\f~112 toM)
Ywllflr N-.J(l':: 4r2W!tJ)
Siahting.andSian,w.,~d~(SSVs)
Yw/tit\foru(YSI: 720 Ions)
l'11~hli Nr-M(YS1: 747 t.Nwo.:)
Two SVs'"~C le~ insighti21l!(~tt.'ln o\"t'npthmoo (If lhc:cxpt'll!Dmt.s.·Yit.~X\: '--d
in Mlf)ltll~mplg i~nr'\( a)dsomeof lhc cxpcri.mt'ftU'.lM sctf«l'Ml~on ~1,i alhiol'81C:lll
c.~amtinonsr sampled wluwerec:t~ndUCIM,
Utstarch arBid I«t'dlt
1'b4ml~<Wcr ~cdARl"A Ii, bM.bll) <Slimas in JARPthtc:astepltort\h:til. Are<G.mJV.lltldlltt
\\C:ISc'm pAreJVI. The toan.larea c:.ll3~Et~l1-$'\\', h o(,O"Sh1lhi~l-.s~m.J IA~fI\'A~)ed
lh~stem p;anofArea IArc:Wand M..;tc:mpuf Art\~(3!i"'E• 175"1;), FipllthSe grogmphloca1ion
ur-tbn.~cM ureaf"iJ1cl009t'20MRPA II suf\ey, fthisSUI't'.) be$cstimnte ofth(' pooI( ti-ck~
~ WM basedon~> u'ualandI'Bda~1u iono~theI~~gc as wtlos$3ttllpr.:dit.1In ths~so nh.
i« ·fn.'\"cx11:R:Sc!:all.:2inclu.thP~r)dBay wns.b>sltaialagerthanprtiwsSU'I~"\)'$.
Sun ·etn~cdcJi-go
The SUJ'\Cr.line!OrtheSVsand thc SSV«t.'Otl•i1a~g;t\ .:_a.)t.ti!rdi:n:c1n~F.IO' loogiwdilllll
d'-'Sf«"iflt\<W'SSVi..twop:lr:•tr;a.;:ku;;-n~a t 7nmik·soparHo~~H. ·itlhis Soe&SIIu,e lo lh<.!
m!erl~eon ralnli·"":ali.nggrSVs andSSVs:ttt ~old:M'&~~t ~tnl:' h the ptnn'"-tdnscl..linc in Ao...
IUBAss(35f'70~E)a.!"((n""AreaCWV E 1\0t~:nt1dPJt1ofAt- ~W~t (IJ~OE•132"E).
s.ht~itmttth~l)d
Sight pi'n~'durc's''ere tbcsameas iM\w:\.RP1\SUt\IC:!i~t>-klca/ 1999,Ishik.~,11,1Z«IO)Tht
sf~l n\\'t)b)<SSVs \H•re ~MIJW ,.W «'l~l«ddosi n ~d<:(Whtn.ishti onA~nt.arc- ink:l.fin
whal wen,mad.: onllprcd<t(nnintracfinetJ\csd :tprl'la t~e,J~fl lld~tlll~ledpcC l!d~hoTo
sizcJ, 1\,o SOOva~. aloO,paraUttr~ in!!'7n.mlleo.ilf'1st.an.brpec.of 1• 5 knots, ~ig,bli"t
282',Uf'\'C)b-s1.\'rood\1acd umk'f limhed ck'Qt'ISmode-and f~henit~ltJ'\!\IItdc.on the
prOOetmninN,,.dli~net!'~I did nc•~h tt.~hotldif\>elty ;and$QNhin" rrom 1hc b.1rrct was
unintcmlfl(.Ia) slrJ Spct'd of 10.Th~sur"o",dopctn~o.~-torc!mlr~an:cfatti.l(n~,..lht
w1ndSfX'Cb'b\2~koot d~ oeUibstMa :.:0020l:nocln h;tmta,~ohlibofnwm 11\.1nI. ti&S),rn
addltib•'anthe us,.htln; minl.:eand fin\\hu.V$•wn:o.cfbl~(h.JJtiiSChun\pbnoJ:... !jOutJ.em
nwJII(d,.huf•f"lslrdpigmy rig(0J1.IJ1Wf.,n.lsc:(8.btlfWNil), -qw:nn'"'JCI'rttYiun..t.u)
-soulkm botdcnliiJ~~ pkutl~ fNtHl~af«condtu!c~e c:<pmc~'I1hIK."V.n!lO•IPJ!IWdd'I'lk
JillmcwiW~ esfOe"prmicr~Whiltll0114; i~e~din~s"rvC).
S• mrlinmr•lod
J'wo SSw<ftengaged insampSta'\'Sampling of850 Antan:tic minl:c"tlak-t ~~~~~m1andc)f
.SOfin "ha ln wu plaMl1h1e~::w .':$4Uihof6~S.Om: 10 \WAnlllrmci.kli~ole\~\.911p00
r.r~nlyrn-.~acprim'") MgMsd~ \\·ilfljnJ:n.mil~koline Dwarfn1i\'al-\.'It'aOlillf<.w
Slmpling. Samplingof fin \\rersict••~ose animals wie.sa•edbod)lm£lhee 1'11lt:~ 1o
logistlimitataJ !h~M 0Jlly one fin;awa,:11 10be$3.11f1!lce;~p~;ihm:ighd schoowiahin
3nmil ~oI.!l~ici\.-Iftwo or moreJ:nima!s smallerUllin 13,m werelhrooJy OI\Coftw:h
rnnd•1'sc-lecccd~npl.«Afn txpJosI~e W:lSllU+d~1ttnul)l.il~dlis,odlk\\huln.l;l)ll\!'d:d
Wh~: tl'aninW&$nocki~li~nlln~noom,aI~ utlt!Q" rillethe~df•ll'ut.tnasU:SOmmC'dio)tlc
a5thcM.'\.-ol.llim~o.'1tlvJ,
t-,ou d middl' ldi••sJll(r~llt)'
Ouring tr.-ns-il..sigh~ttg(."'flduol"111tbttwttJtr<Sand bQ•Se.(Cl4\:t.r\\ ithm JOUOIUI
EE.Z.. hmt~h fthts~"~· s:1~oc$1'101thin-po.
OIWo,:frlll rnc arc.b
f\10)1Oflhe bio~n.i;-methodi11S<'thiJARPt\ IIs1.\'od('\i.'tMdcrnpm~ duingtheJ\RP\
IS)ett~ch pefiod. Biolr~hcalinl:di n:ainbod)"dg, ht oo aUsan1pkdwuironJ~ -den1tk
NM.
£.\.pt rintt •lb
Slxhlitlilllaa<IWJICXf'~'iwfffl(
1hi~~pc.-l rWltoo.od~t~.odrdl~v"'•lluaa"lhll'of"'" i"fomlltisigNing di.st"lued i.iW'!tit!g
01ngyi~en)obS~ moIfttSVes .mJSSVs.
P)mto.ltkil attit!.l)l
lhefllUOWligl sp~'tt'rlc~ lhr pbOt.;Jpphil.:tL'tQi\Mdl.ilb)sv~lll!dSSVs: bltk',humpblld;
!ll~ 1dm n@ll\\f~.;a
fllup.. upJinx
In .addil101h1pcci l3~te.(o:ltlotO·idtmifi<-~per •iP}en fi,tlt. ~i1"pem 'li.lMUlhern
holiJmO""tw~ ""~ta~(t tocNe!J!$)',l:in -camtheSV~b11ndSSVs using «W!lpo!MI+d-c'$ll.o\\A
rull«e..-d p~~t<r'cscn1d- 80"('
IOlltltwtdfo-IJt:ul11/11Cf'\'d'WI'
rtltl!Svund ~\\t.'l'i'1In obs.«:n-of\l.t~ndl'clt(~.stghlcd "h.ltk<.i.
Cktw~Q~.· fi')'pM
T\,'S\'$C01\t twUC\1~lo.0CdI1nn.gu:~llr J i.;.'tOO M.-u1!>Jflg-«ia...-oklpcr.Ulll\'.
prof i)I~OR.;,nd:) IT.ckbris rtc«d inc in!M-rt:S<arrlalru ,
283 Oultinr pf rn~tw
SVs deplt"4d ShiogDm.,tnd Slti(Jap.sn~n9NO\'C"'rlbeatnd Antartd•lsfll'>Ueyitte rt$~wdl
an:(It14 lX-«JttbSSV~(UldNM dqwtcd fron'S.h.lmi)Tl1dlruiOtfl.1"< )'on JqNovcmbt:anll
:WI'IAntl!rd~•iiJ 110~irnpl m-l"ntInlil~rd• a~ oo 14 Oc-xmbcfbt Anl~atrtSCateh pt.'flodot
thh crui'Ai?7duysfrocn<Dc<anb« 2009~ lQ,\lareh1010. ~llrt;htll,\c"'" mlerrupb:dtor Jl d:t}s
due10 'ioll1t~l.,r by:tl'tentb-hcn'$uup D.v-e10this interr~'SVcs~llcd the R'SC3fchin 1ht
l'lontlem pathl~i"tflo .mm:aIV~ aputo(ArcaIV \\CSArea V~~ SV.tSM2) anhcdaTol:ynon12
.\fllt~nSV (Y$.3) arrh•td at Shimot!OSC'ol:ni11 Mareh.SSVt:urhnlnd~ttmooc.\((i II ,\pril
NM arrivrd M'foOJI12 ApriL
Sltl•fiiuf'\~td"''••lc-$pt3fstd~
'11~o1~41u..:dhhMC.l,was 3.23Z.On.mce~insio r,620.8 nmlles fCNt'S\'~and3.611-~.milfcs
the l\\0 SSVs. E~Jcsn includingsix baiCt'n"hafi~toothw~f\0\ 1.Ci~rlfi«lduring ~o.n:h
J'Cfiollle- fcHI\'r'lptttoibolt''!\M, i~l~n>.lfllir'dn:tanmtR}.bloc.illsci, bumpbllcJ;and
<ltherri~y.t ¢u~.n.~ Ill'o()<h;l$f'« -i:conl1nntd; spcm) aM SOI.octlc-r.o!,lC
l'o.bl<;1t)ltru\m~bof~~ignhgsiJi.ngtflcsun-cFigu 2 sows diesig.htitli rosAnlll otitkeT:~!~
Andh~ ll'lhltcsn~m~bcacfghti nfAl"'afdi.! m~hab (986~hfiIS1Indl.24Z indi\itnhW31)
'MISatl.1~Limeh~lg~I rJ~uunqFtu1en "tl~~(603 sct.ools and 1.187 individuaC'CifUidC111bC.~
tt;s t<l~1.,1~f oU''iJ«i(Oolh Anl<!amin\ w:hlta~Whu•n,lbacl>,\•wer;wiJotdhar1bl.uathe.
cntirc;s< rel~ul..tcnsil')wa·•nl amongs1raw...
ftt1~9-1195IWC'.SOWERcruis.c(EntJI19J'wru.cond .dsi..ll.tsunr11pSeriodosin 1MpSUt'\'C)
ntbfi111: PIIIt ~ vppvrtun/IV CO!Tlp;\O.ha.!Ofllpi)lndt(ar<ain tdiffl!ldl.'iOInI>Q,Ift}j
$<-a5An~an: mikc wh:aiC)\H'« l~t'-rcqu titpte:CllCOOt 1l~~~~~ (II\foUOJ \\)~lhc
$<M..nhmoctltnOSCwtlales. HumpMcl. wbaal~ CWI'l)n in the rcs~~..h<eaoombcfof 6igbti:ng.sof
Antan:ticmil'!l.."cMin (1IJ 11ndS()Sfndivwl1i1100u5l.0timeshigherl1ta11l1111otfhtJmpMek \\'ltales(·a6
\'~~ ~nJ IOQlnl,ti\<i/JWI.p'aOri!SIJl!!ICS1hUmpback" 'baJes M'te'ilk'1'~idanid~11lh('
I"C$QI111'('<1
l"'•blolshowsthedcnslt)'40.1.. .-mbl.•tof pi'im2"'SiJlhled « hootsJ)l:'rU)On mif4,s)nndn.-nn $dk)CII.siu
(MJtS.) of Antlltdk nunke, humplin wlli(Oti-cSVT~c 0.1. of Anl.min.~kh~alt-hwacsi'the
lk)uthallnlb1 ~clunh:~ nfAr'-V~"1i'.1ldt~hfgh\:stlnWlhin Lht"IUIb.crn .sA~.tV.W t~
liowe'c:rthein!.hePf)'d.wasat\'lati\'d)'tow. 1""'dens:lt)'orhwn~lriJ!h(tthM thaior,\ otaretit
mia\;wfl;indu:soutflw:uaufA~: lV Wesa.tj.I)Udw!ltmaot\«:V E.lslll0.1.fhu~l.. whaJein
sou1he~ti <lMirlV~Eas" "O10.31ime$hlVh'r.an(hal for ActinkcwhaJe+
ftgu .1shtWUte~ij&pb osion:nrg.tf larb.1Jt\\bales. s(Shtil\ibfii!Cu'f;WItfll\ wtl\\ <'fC
c.:oofi:nin An-Ill Eu un.;JArea IV Wcst
Satrlpllng ror Antar<'Ckmlfi~haelf.
Oul nf S~101 ...(I,O,.lldt.~an.thrr1n~'li)&f! tiAcMJa~-mittk'~1tba~l~o SSVs,~76Wk"'II_.
(967i~,idltl~ll1lr11.1:drMmphttg.Alm:nl cf5061ndwid\\Crstlmpfcd(2-16A~omIllEa~~Qfr~ot•
A~ IV\V('53from Pt)'dl.BayalliS1$Ar~oVnW~~.Snmpl l~.ciency(lhc:Of~c;~f sa11llog for
largdedndh iduawa.9~.~0r(ltdte lU'I'J ~~nildllrllschools wilh.singleinlhvidualand ?1.9,. for tbt
fintl targeh.<JindivS(: oo\~1 1oc1:lflan oor individuaLCh•closCtiQ('Crred.
:SSV1tn.W:nly lill«n primal)· sigbtin~·uk'.S.ltnptlnsfd~ ,\ftwa~l~ool conduchdue 10
ittappNpriSOI!Otfdition for ufe uunsfAep~i_ond\,rrnaical rcJ:S.s a result.onl) i\'idual
\\~$1!; .trllf1{1.-d
Uf61o1!ilnmn l'th
B~logi1~.c"utnlu C(dlun~ onlht 1'6emb~ \~~~Fo lll uh.:lf.e:,.coump3sumln3rizes bioklgi<ll•
d3;1aalld:.I\Uit~' N m1.e:dntlln;licm111\f\~haJ.
u~~k~l infoml•t orsam1• ~ltc~:ts
'r'llb.W"'sthl.'l"tprod~a1uof:wnp lcArtuuelk tni\~4l ty5~Uill.Fi¥-.n.aI, 4--1ftn.sh(m
d•~ttiO of ihola pce.ilfsoulnnpt\ntillmlnlo.hai ~)S<"undsc~l l)m1:~ s;tac. a!l.c~~~e~
'~ed-mriliml inArat ll EaSIomdPeydl.lby s.:,bl'«"_nl.1nd'eW~a:-llmln;Lnlin 1lw Ar\\oo,iV
IPiviWestPte;Grof1'3<ll m;tll ll'1Wl"9.~1' 13~ifld ..v~ilthe ('f~hill':m:a. TwCII.or: _J;
l\ll't\ew~"n oLnl~tlln(aemAi\l\~~m~~ot -hduuociLhd'suelta tr W.wtnp1nur~~n· ~.
••
284 f igtj show .>dlcn~ dlh~~tioon'Amamic mink'~hll:rsnpt<d durin-wnef.~:t.'\ik•'sJaf
lhe samp""~10,66 m fh:~mt"illd9_lJ m for male-s. :\bniwa,5.16 .:woS.24 m for fen.. le..;nd
Mlll:lively .\fuimmn bodylet~oftm1nalu~tnl- \a.8.l2~ JLnd8:.26m (.v funJmak ~berea\
nt~jm ulO)lngt,1rma~ 1~lr.uwu(..;5mand 7.m9lOrttmalc and c~p.."e. d\d)
t;:,·pcrlmt!nh
fl,,,.q,.binpS.samp.ll~tg
T-ablt .summarint.br~uJ fschcphl;llo•idetuil'~p<rin .mOItl,f 8 blue:,110 bulnflboekond '"'"
i<ltldiri~,l.ae"wa.. phalaw;•TableIwmm:ari 1suhsor~ W11plingA It!!;!Ibi>r'~l)ln
were~limed rromtil't~.~m adb.ldM:'righcwhalc:,.._
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288Table4, Rt producchc SUIIusof Antn~iln~whak~~ ~~c~in2(109110JARI'AII. M:lluofm:tl v-.,;
Nwnb:r Targcccd Number
Species or in\i.,.id~J<~I:!o
t:<perirntS
(A\ <B)
llu.mpOOk""a~ 59 110
Blue-whale •
'
Right ""Ita 2 1
Tab!.:6...Summaorbtop.ssampleool~ltc during 200?!10 JARPA II.
!\'umber Tartrwd '\'umh,, Numl\' tNurnbi:s Eniln Stllnfllts.:wnpk
Ship ., ,..
Spcc;:k$ inlli\iduab •' or "'"
Typ." O::l.rt.."rill'l~l)l$ hils .........hr;rninlcrhll ..
IAI (B\ "IC\' 10\ tEI IF) !EY!CJ t£)(1))
OIUt'\lh.l!C: SSVs I 2 0 O:IM- 0.00 o.oo
flh.tt\~hat Sc" 7 II 5 0 • l ;..U 000 000
•
Fin\\ hah:: ~sv~ ' 17 7 ' I 2:05 0.1-1 1.00
Finv.h ~a:l SVs 0 0 O:JJ 0.00 1).00
1-tltnptod, \1haSSVs H 6$ 03 10..11> 0.">1 ().9.1
" '"' ().91
lkmlJlbu;k "h;.ik.SV$ OS 36 ll 21 J:-11 o.ss
fti.&\tl:ttc ssvs " I I 0:03 1.00
Right \ltlak SVs 0 0 0:-l.J ().00 0.00
289 rablc7Sumnul) CI)\UO'ti lttfmtl obst-rvatduring2009/10 JARPA Jl.
Area S.hool Body~lC Di!>lanccVomilingor- Pllooo S...mptc
Spc..'Ci=s
size (m) (n1ilcs) fecal ('' QrN) {V« N)
Fin whak Ill 16.a 0.1 f('('.al N N
•
~nwfk ln Ill 11.0 0.1 N N
Antarctic minkc \\h;lle Ill 8.0 0.1 Pa.-aJ N N
•
AnLarctk: mlr1kc\\h3le Ill •o 0.2 F'-"l'a N N
Humpbtlckv.halc Ill 11.2 0.2 Feo.--.1 N N
llumpbaokv.ha!c IV 2 l2.1 0.1 Fa.OII) N N
tO
290Pig L MapSh~.snrad5ltO:~Jp.'h0\1rtsl~vh')zonebySV~.sltnd
l1ght~h\the rcsewdlw:li\'ity .r.oncby SV5.
....
\
.... '
... .... --'
.,..
~ '\ A ttl .,;,;. .... r :~ , ..
~ -. ~%a; ~~
,....J . . ~.. '•,
.. -to '' ,.c._ lltl
f'.Dibstofprim:arysig.ht.lng$of Antl..lQIC'(:l.~w«) sighted\\ hhboM:w
e:~n<lrlSVs.
Fig.3. Dtsuibutionoch~leliC$$tcd 1~lr!n'1y SVs.
II
291 .... ...
., - ·- .. ·-··IM>
"' -- •.-----------'~
.... .... , r..,---? ...,__
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--~ --·
12
292 • •
·~~···
~
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72'S• • YS3
-~~----------------------------- --·----------------L~
Fig.6.GeoarosORcu.:edbytwoSVs..
13
293Annex 62: Concerns Regarding Scientific Permits, Appendix 2 to Annex O,
Report of the Scientific Committee, J. Cetacean Res. Manage.
6 (Suppl.), 2004, 364
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'" " l.•the dlft"rt'it'th(tl• h.t-t.c-ntt\.cl'\11tu.. .;;u...c.. unr"ll';f'bo-1\!.MI S1~
.,.t ,lrl,'rf..i.l...c •ho•·k·''"'...• :def\, loltolbattln'Um'd ;tl lhl" ,....1 kl'l •r•J"'· ~
ltwu tdibih" c'r11\t~(" "''-',."lmr~~t<n,_...t
li~'\oJj-lI~ -ll lrl<I!I'IIM) .....If.,.,.,. 4ttnl 1\t h~ty..;fa; 1\\C 1\1li. "U'.to.~
.........
G•·•••r.·.-
294Annex 63: Agreement between the United States of America and Japan concerning
commercial sperm whaling in the western division stock of the North
Pacific (with record of discussion), (contained in Letter from Yasushi
Murazumi, Chargé d’Affaires ad interim of Japan to Malcolm Baldrige,
United States Secretary of Commerce, 13 November 1984, and letter from
Malcolm Baldrige to Yasushi Murazumi, 13 November 1984), 2039 UNTS
35266 (Washington, 13 November 1984)
No. 35266
United States of America
311d
Japan
AKrt'!mtnr bt'IWtblUnti~Sta tet or Amea~:aJlu eon«rninc cn•m~d:d
sperm wbaUng In ~·ts!t rn•ition stock orthc Nortb Pac:r~or(drtb
d.lsc uulon). W:Uhingtob, 131"o,·embcr 1984
Eatry Intrortt: No~-tm 9f4.inoccordonuMthirpro·.4s!OIU
Autheullc tt-.xl: £ngUsl•
R~gis~ truYilth lStrt:tarioflhe Unhtd Nations: UStlltf.{Amt:r, J9
Ocrober1998
Etats-Unis d'Amerique
ct
Japon
,;\ccord entr:r21~Unis'AmUiqne etlJt.J)4)nc:ouc:rtoant Iachassecomn;ertlale
an ta thal ol dn ffOCkde Ia f.1h'iSion O<cidenUi t du Pacmquc nord (net" to ntplt•
rendu dt nfgO(IatiOn$). Wuhing.IOn,'brc 1984m
Elltt'e1~igucu r ~KJVC' 1?tb,onforMilfftnt4dispoSifi(),lt
l'U{t 11UihNititmglais
E.nregit,trcm cnl uup rfl du Sc:ntlarilu des Nations Units: i:19 qu~nis d'Amir
oc1obre1998
295 Vo/u01e2039. 1-35266
IENGU:SUli:X'tT!l.)(n: 1\N(;i.Al$]
11tJt~rp1,.Ce gl d'Affn a/m~1rim tIhe SeeIOf)ofCommerce
EMBASSY OF JAf!AN
NoVember 13, 1984
Oe~ rr. Secretary:
I am wnnn& to you concerning themc:etitbetwe:n1hclt'prese ~nl keiv
Oovemmcot orJopan:~~ teGovernment of the Unitt!dSlates on the oomme~rt or
d:.lspcnn wbllllns inthe westerndivlsion stockof theNorthPac-ific.
Asyou know,theGovernmentof Japan •skeenlyawoa.rleh:11lhe\\'haling luue pOsesn
tbrut offnction been ourf\Vcou•HrieThe GovernrLtenoJop~ ntsbes10resolve
thisissuas quickly-..odicably-as possible 10avoido confrontation which mizht be
caused by tbc::tpplicotUnit«! States domestfc st"rutes, namely S«ticm 8(a) or the
Fisbennc:n'sProlrctivc:Ad (thePelly Amc.ndm~ction2Clt(e)(2) oMagn~
Fu hery Com:cn'abon aMan~~mc n e(lh.P<kwcoo·Mag.nu smoedment).
Unfortunotely"wbilc:bolhGoVcmnltrP01rtis0thJntematiCKJlln~tio nor
the:R.tgul:uion\Vl13 Hln~Coovenlion)and wbHcwoebot.h.sh3reWeconcertifor lhe:
gc:netaob« iv~ of thCon\'Cnlioo, lhen: vc tc:rt.lio dtfferc:occsbcrwcen our two c:oun
lries whi0111 r~m our d1ffercnt cultural and domtsti Csituattons.
As )'OUknow, roomote I added in 1981to oft~Sd~ul toethConventior~
prohibitthe commcr•aat barvest of sperm whates rrom tdivtsiostQ~eoflte
Nonh Pacific unless tbe lntc-mnuonnl Wtuhng Cammtssion affim'IZltmh~~rdecides
WlSC TheCovcmmc:m ofJap~ haslodgedanobiectiotOfootnote1, tnaOCQrd!CuCh
the provis.ion ofparngaf Anic:le V of the Conventionther~finorbound by
the fooc:note
lllc Govemnw:mof Jpn.rccognitilhcneedto~ak elCI$Urcincludilhe wuh
dl'lwl of tobj~c: mtinined •hovetn ord~rtvoidaconfrontationbetw«o oUrtwo
countries ks an additiotul pttntimtfor thpurposof minimizingche economk
andsod al bankbfp of twho ilre<'ngagIcommercialspmn whmlingTbt Govem·
mem of Jn.p~ndeav tonkenppropria1cmeasures inorder tomeet this purpose.
114
296 Volume1039,1-35266
l lhtrefort requesrloo.,gapanesecommerciawh~li lncnducledinam\l~n
~r as mdicattdt~narrangemtns~ronhin 1hSummaryo(OI.SCUSSI nached 10this
lelier,uno1consider tthewhalingwilldiminish theeffectivene.u orcheConvtnrion
nr its.onSC:itQnprog.rumand noc cer1ify sucb wh:ali.ngas(orin the Pt'lly
Amendment or tht-Packwood -MagnuAmendmenl.
Sincerely yows,
YASUSHIMURAZ.UMI
Chargd~'Aff:~:;~nceimof Ja~n
The Honorable
Makom Baldrige
The SecretaorCom~rc e
Washingtol\ D.C.
liS
297 SUM\11\RVOf DISCIJSSIONSON COMMI2RCIAI.SPERMWilli UNO 11'T 1ilE
WESIERN DIVISIO!'ISTOCK 0~ TilE !'IORlll ri\CIFI~OVEMDE IR12,
1954, WASiliNOTON,D.C.
Or John V Bymc. Umtcd StatC eo~~vm.ss .oebr rntcm:u...WWlwhna
Commu."\10n
Ml Htr~ Suo, o.....~ fo......1\J<ftCf, M•W"Jo( 111""'1....
fOR>"J &ndFosbcncs. ll>cGoY- or)oooo
The 'tnt"'aSCiicot~ dlk~~~ ~·o!' hfO"_ l\D tUkd. S~: ..~"a.
cwdwctnitlWlltlu1J;toll,.O£ _'~ l·l2.19$t .nMdfcwt•cltleim •brtba"
ft~ adr-u"\lc"'ac~ •-,ck b., WidrypLallllldf«t•acltl «JUnb'yto
-Ia!' H.,,....,.,.."'bcf<bL'><..IO$Q1" S«fttll)o(Con•n« lftliiS~<foun
1,_ ·-,r)'IO•>pam •bhq by.._ .......,.b,o(obc<pcrmy.fuks unokrch<
eb]K$MHI o(fUo\nnmen&c(bp.m w.foocnoWlift TabJo(tht Stbtduk tbclnt.c:r·
MbONI Co~Wnl !0nlt Jl.clubtn(Wbahna. l9'6 (thCon\'fnllan) ~ht.adi a(
.... ctrlfl•J.}ulthe\I~Wtl\Ji~Can arrnnaernefUn\IShlbf'ponSUbJfto$tl•
uf~tt rl~ttoYloft:andctolb •nd 10JpptOVIll and tmplcmttby ctlecogniunt
aUU)OfiiiCUC:l00\lemmtnt1bt UUUhUI pnlnuOfluthtp0111 II~.n£C:mWnOUI(i
bethe follawtna
I, (A) TGovc~nt orJa~nmay rcnnll tcafCh or sperm~h::l1 t""Sduna&
or ttlf 1tnd 1985 C03SD1st:UOM,SUbJKftftpfO\IJIOIonb)'-catO(r~rn aJ~'
,.,101 1~fooo.- 2toT>bl< ofthe Scbcduk(d.>!N.,_..-,,191J) "'lite Con-.
tlon
(8) IfloyDe<.- 13, 19$1tk ao....- ol 1_. .........1b ol>,oc
loolo."" ...... 19SI.- porollf11*ol """I<V o(liC......._.<IT«c•-. oa
...... Af"'ll, 19A, .... u-Scolco-... """'*_ ' ..•.laha&~-
oln ......,.,....""", '.- ... fr«t,,_,.ofll>c.......................
\•.._~ -""...w dlctriofcottnif'y Mt.pcrm -.halmu ptm-.kd fotm
5«-l(o)o(lll< r.-.. ·s-...-. Actlttw P,llyAmr-)orS«Ix>o 201(<)(21
olthc .,..,..,Fosbcryc-crnooa on4-m> <\<(b< ld:,.oocHhan"'on
Ammclmmll
'1ar byArnl t, 198S,tGo\·ernmeUor)lp::in\VIlhdItsobjttuon..lodNv-
V(ftlb<419M,2topana,rapb JO)(lhe.Sc:hccht, 'rcisuth thJr~pa toCl'.st•
CliCOUiilwhaltn&WilCelSfoUOWtnlllhrIYICOUllIkUOn ltld JotrsnHt COfM'Ielt&al
pel• &~hllllinacn.scfoUowu)gtl19861 p~:iJ1' IUOOhe Un1kdStato woulcl
notc..1,knha1whilh"J.Sp b«lwiwouiJd•mmhh thetfftcllvcnor the Coa'-mo
ttnta•1U co!Uot.wrion program would not umf)t Mk;hwMhnc undcf tb~111
Affl(ndmrntothe Px:t"·ood-&-bpuAtnc:ndl'IIIfI'u"'~h.' .at l.l'fttdlbc
rol~ ......>adcaa:lirwrs
110
298 1986 and 198? Coastq ! \Vhaljne Sessons
WesternOivlnon, North Pac1ficspcnu wbal.t$ ...-200 pers,subjctto the prOVI
sionson by-catch of fcrnaatss~ tonb in footnote2 to Table 3 of the Schedule:{dated
November, 198~ )otheConvention,
OkhotskSea-West P.acificmmke whales- c:atch: limits accepta1heGovemmenl
of.theUnitedStates 3.flerc.onst nwilhlheG<tvfmment ofJapan:
WC$tcmNorthPacific Brydc's whales·a tch limitsacceptable totheGovcmmcm of
the UnitedStttes .ancr consultW1thnthe Governmentof Japan;and
1985/ 1986 and 1986/ 198? Pt lagj, WhSeaspm
Southern Hemisphtfe minke ""'bales - eateh limits acceptable to t.heGovemn1ent of
1heUnitedStaresafccrconsul1.3;dniththe Governmentof Japan.
211
299 II
WASIIINorlt), C
Ont Mr ~hara:cwm.
11t.a.'OU(Oyour ktttt about iht fKC'•IIC~IIODt~ttl~~
.,,,.,1M JOV~ -- hpetat hnnt of spmn .-twc-~ ~ -~.,.
-- e11ocNonll Paafic -.11_.w,ly U..l~uS..rcwyoCc-«. rw)
,.,,, .. read.- -.ropm~~ •~~~~< 1.bY....na-b
AAn COMU.fl1,_..,. tbc UIUkd SUConmuntOntf 10lhe!ttU'mlttonal •hai*"J
C<>n..,.WI(TWC).I.,._.-lud...Slhol_,<t,lhl"uo of wlllln by1111'0,...no·
uonab ""1thlht 1lnutsand unthe~.1 mcuUDC t« fonb10theSummaryof D~tC'UJ.
Jian• 1n1(htd to your l~·orldnot dur\IIh the cffccm·eness of dlt lntcnuu\nn.al
C<Hwcf!llo!nOflht RqtUiadonorWh<ahltJ.19•ti,•or II•coprog~rn.un
11tercpomofthe !Wr s ScK'nllfic.Comm11well11thr lWCs 1982dectsi10
ptn nltjUOtof450.ad 400wbal fo•the 1981and 19coout1tpt"nwhahna KUOnt.
rt>sp«tr'f'ltndIttb.at$penn wh•hrnacxord;)nwnhparasr:aphIo(the~~.tmm:uy
OI01'<UJSH)nJ IR~cttyow lcUcrtDO\ IACOD.tl!tclt WrWCsdwC$Knn.tl ~.tCIV,_
tlon purpotMcwtoVa,m dtodlfttb:J•p.;anacctmtt1Ctaai•Nhau'~c:COf dudcr
pw•s~P "ofthat Su:mmuy of0t5Ct.IUwouWl IOlchw..tM cssntutCOQitf"t''UGa
_.otoa.lwC.Iuv...-:~~o_...,.,.._.ltb<IWC•u--,...»
t.t .adtb)ocd.rr..o-d.!< ap'""" I*(cl
n.. ac""','..dod'* aa.ll&t fromct"ftd'lata. uy J•a• bal.-. O.Cd'J
ottb<lt$1-45..-ror-. ~· .....U "i>alu I"''< llc;o...,....,..
o1Jl!prilf .,•c._.......~.._ thr••didr"• olUow acJ\C"r'mla&•,.i
1«- or- I 1T•l>kJ aadpancnpiiiO(coflh<S<hodolt woold ,,.._abit.
QCIIt'III.Jihlun..tth,.nt pospc:c:ttn:df«:tr.e d.tea
I uuh)'.JUd&m ¥tbc-chetrGo-~mmr nfthe Un•k'dStalet "·oukt accept lhe
uwh htnttl for rhc l986 ancoasu.l.stuo"•nd198SIStt oftd l 9pcki&tkl•
Wll\t•conkmp 1led p3t11&ra2lauf lh<'Surrunary or OiJCu:nlonJ,the Go\ocmmcnlof
lht Untttd Slllt:ll would hy.ttnW)tlrtcrnt quvc>trdbytherwcpuOItolhOlc'
M'UOil,.,
Outpt,upo'irC'ctntconsuJiatVtoihe00\oCmnwftl of bpIus been to ftK'OUI•
•& 1dhtrtMtby lbe.Governmtnt of hpOIllptOVaMNUof the Coo\toltScbf'dllle
Wt ffJIUdthprovasiQfofpuapapb IO(e)ollkScht'dukto~of«an~ l 10
thl rart0t~J-hOa.al otdli&U& o(lht wortcfrerNUltn"'hakstueb.. TlIJ
'"
300 Volume 1039. I~J}66
rcnec1edinPresidentRta.gan'1981 letter to eoft~ IWC Conuru.ssioncrStocouragtng
tl'lem to tactionalong1ht linesnowreflectedinparagraph IO(c)of the Schedule ,
MALCOMBALDRIOE
Set:rc:taryofCommtrc.e
Mr. YasushiMurazumi
Chargt d'Affahesadlntetunof Jtpan
EmbauyofJapan
Washingfon.D.C.
Z19
301 Volume1039 f.3S164
IcCl;urgCd'Af!a•ra;up()JIUU pur lnltfrtm ou Mlm1trt ''" Qnnt~u1rC'fl
WASHINOTON'D. C
I.13 novcmbre t9S4
Mon;1culeMtnistrt,
Laprtscn ~ett3ttnll au;t reunion$~OUderuuUes tC«nunml entre lcs tCJXt·
sc-ntantGou\•e~ muhnon c:du GouvememtndesEt,ts--Unisreb.tiV'csauxo¢
PhQn$conunerci3les de chas.setu c.p~t-OiCmiopulauonsdtbaleincs dunLs
divis-innoccidcmak de1.1panicdrodu'epaei.fique,
1
Vous n aes p:sssaru.$0ruetOouvt:mtmcntduJapo.,est tCOft!;C!dunr:~••
que Ichassi1abalcinc ri:d'emnfncr defriction:sentrenos deul;tGouver·
rttmerdu Jopooest dtsnderkoud rt"C questioleplur::api d'J.pun mi·
calementpossi;~f dCvjtcrunecon(rnmationquerl.s.i"e~nr 1':!pli'c!nsn
rtglcrmnts mlemesdes EtatS, savoir IaSectionde(IaLoi Nr Iaprotettiun des
picbeurs (I'Amendemt-ntPelly)etla Sec•ion201l:Loi M01gnursurtaprisu
vatio~tlgestion dp«l~ti eAmendcmtn1 Packwood-Magnuson),
M.:.lheurtusemen,tbienque1esdeuxGou.vemementssoien3faConventioUl ·
temationalepourIan:gJcmc::naeLd1a.s.sea Iabalcinc(IaConvenetpan g~tno
lesmi!mespfto«:up:uons en cconccme les objrttifs g.eni1:~onvcnhon ll
1
t;XiScortenosdeu-,.pticertainombredeJifrl:rerttesdepain."devue:s)un~mleur
ginedans nos cullunossuuotKmsint6nc-uresdifTfflnre:s.
lc rcnvo1ajouten1981flTableau3 de 1'1\nni~Convent mitrnhlcs opC
rauonscornmcrm!lcs de chasse aucatbalot pamu les de bl~iuootn5ldl\1·
sion occidentale de Ia panic nord de l'oc:bn aamolDuque IaComnussu:1c1
intematiaru lc de 13chmblldnen'edt<:idcauttemcLeGouYcmcmcnt du Japan
, PfCst'n:sonobjt'elio.~n01)11;(1n(onnimentou.xdisp(ldulparns,rapbel de
!'Article V deladileConvt'nllon,ctenconslquctaslIt;~Jerc-nvmenquestion.
LeGCK~vemc muJnptn.ri:o a.iss3ntqu'necetu:rc-pdr~n drsl.eute1
oOtammt"ot rctra11deJ'obJesusmenlionntc.afind'6vitcnnft r~i.onntre nos
deux pays, demandeunecxtensicmde Iapki:~Uou tfnde minimiserles dlffieuhts
economicq t scIae;dSeeu."qus:hvrent0des opCmtionscommcreialesdechas.seau
c:~ch. alfG~tuvememe dunJtpons'tffodetprendrt des mesurtt :rpprupnbesafmde
rbhser ect obJtCilf
enconsequence, fa• l'ur de~us demJnder, dan)atne$11mi leopCr.uio~:~s
commerci.atesJapomnse$dechasseb:~l eoonmem~ eelofi~ nniqut:das let
dispositioprisentCesdJrulecomrcod ~escntrcliem nnsenAnnea1~prCse.nleJet·
220
302 Volw••MJ9,J.JU66
Ire,de npascon5tdi:rqu< luchassi b balemer&tmratdf~CK dn a Con'lt:n1JJ.u
softprogrammede ptncrnuon c:1dt ne pas kur appliqucr lesdaposlltem• de I'Amtr.:dc·:
mttttPellyoude I'AmendtmentPackwood·M•pU$0n.
Vo.uUeztSJ~e ee•••
VASUStUMVMZUMI
Chat& datr•uc:poulnkri duJapon
L'HonorableM Malcom8.1ldn_gc
~lntS d\1rOITU'IlCKC
WasJunacon. DC
lll
303 >al..u ZIJJ9I-1J166
COMPTE RENOUDES ENTReTIENSSUR LESOPtRATIONS COMMERCIALES
DE CIIAS ~EAU CACHALOT OAtiS LA DIVISION OCCIDENTALE DELA
I'ARlI NORDDUPACIFIQUE.1-12NOVEMBRE1984, WASHING TON,DC
MofUte"JohnV Byrne,OeiCgucdr.t..u.Uml 1f)Com.mluiun inlcm.:l.ton:.ledeta
dwk! Ab Nleinc
\{otutnJr Uuoya.D. Dmec1nrtmir.al. Aitrdrs p&bc:uesMJJUS1Cck l'!lgu,.
cvlfl.de .(Oft'nent1des peel'tcrieGouvc.m~n 'uJpan•
lf'ldemln'Sc:ntrtbfftSbtb.lbu:tenoe lJaponctlu bu-Uuk sondlrou
lb i Wa.shtttJIOtl.DC. du prc:rruu .tu l2novcmbrc dedCknniou b problbi-
1~ ,COI\rOrmtmtDI ltotCl r~ C'VICUf1WdaM Chlqutpi}'ck pa:t'\'mun a
ICCOfdpar !cqucl tr Mttustrc: du rommm:c des Etats-UNt s'ablbcndr.an ck '"ccrtif.cr" ks
opff:trickCbuk 111c1chalot cff«w«sw dd n:.~ttONu-p. :trap:o"natlOS.~
f\ICdaM lendrc ck l'ob.n du Gouvcmcmtnl du JaponGUrc-nvcuI 3.UTabk:tk 3
1\tmex CIll Can\lenhOn mlcm:auon:tk p,e~lC'Rl e l1cwUssObnbat~.n sre
wlh en 1946(InCorwenuon) tu chefsd« dCifgaUOil•)ont d'accotdprecoNUitrt
c,t'unamniC'mt.ntdeacnr sr:utpossk,11oure~rd vf1rhohJiumsall$faLSade
cct111n-p'oc.4.lcl':tpprobJlnusecn«tY.rpa.letIu tontOOlnpii(O<k$c~qu.e
Oouvemtmtnt Lu polnli rne-rulelsd'u~rnngcm e'nlclltlts su1va.ot:S
I A. l.t: Couvemnnco t du Japoo ~rmtutteaptiJOede 400 cachalot$.pendan l
c:hxi;Jda 11it0nl de:cabolder1984n 198S.soulr~ -c desdJ.S.J)0$1n:lnuva
~·pr"M':IIU"Ibitde rcmcUtcommf mdu:tuiaaltn\<2tilTablou J dI'AtmeXf{no
\fmb l91J)6 ICoM-cntlon
8 s-aw tld«cmbte 19-SAk. Go.ncmemcntdu l.,on Ktlrc wa oqc«ion. laq1.1dk
• itcc-1pnm&k 9 nc:P¥tmb1~1 en~du p>ua.rap63ck I'AftiVkdieb Com-c..
bon.fnl tnY tJUCI.Iplustardteltf .,..,11198t~aIaUnisQCcoo.sidCn•rpuI
qucInchiiiK IC1CbaiOIIIUIOteoSvt11detthMI A tr-.kJ:S~I( l'ctfltCdsel:b
ConVt'lltJOonusonpru&r11de:prCkC'o'tnnot-l tn cCI4'\cccrufieroatn.ladl·
1
ItICillllte conrormImIe(ipoSitiock IaSe<Mn3(o)dt-b Lo'de:protecttid~
thcufl, (l'Anl<ndtn'lenlPclly) ou it b S«1icn l01(e)(2) tk Ill Lot t..1.11gnu.ssounr I:J
pr~~rvt tuI~u trondeIap~ch eAmendtmcnl Pilc:kwoOO-M.agous.un)
2,Si,~ulc-1QYrllI!)8S.le Gouvt'mcmfntduJ11ponrcnrc s•o-nJl-f~C te4c:
nuvonbrc 1982.:p;~r.a gO(tdefAnnexc-,.Jr tO"t q\opC:rs atmimonrdea~!
J1por: doc~~u1oiI-balch•c.lc l~uht101leucron1111prs 1110 1987erque-ks
ophaUOMcornnKtCIIkl J.I,PQNtckchasset1:~otttMtn h:tumt1 CUkron ap1h In
$1ISO19$6#'$,7l~lo U-rbunsc-onsid pa.~ut O,opb"IU()Qck(.hl-si):bllfi·
ntspkd"Kesci·aprh rntuuonal'dfaardf IConvtnetonouson p.rognunmedprkcl·
~UOQt'l QCCtrltftc"pas lc:$d:opinbocu rn \ 'tdf\rAmr.ndc:menlPtllouck
fA«~t:Ni Pt«tconod-Mapuson.iconchuonqUCl""Sd.ltocp-tsn.tc:hias.b l'l·
lcmcnr porteq~tsu1In (.)pCCet kshft'l.l-pns.C't•lprb -"
U2
304 Vo/umc10J9 f.JJ166
SajtM&<Ir; ehanc: S la b;)h:joe cPntrc 1986 Cl 19&7
01vision occidenl.ale,c:ach.alotd3ns It nordde l.00pusa.fson,sous....2
r~er vs disposi ~uonspri.sesauxiliaireme!ltin<hquW uu renvol2 au Te·
bleau 3de I'Anncxc(en dOOVOCl'~1983)aIllConvemklnj
Oaleineminkmerd'Okhoak partieoccK1cn1al'<>d.pactfique:--lurute:sdepn
sejugCesocccptlbles par leGouvememt:ntdes Etats-UnisaprC.scons. iouonavec JcC
''ementent du Japon;
Bah:inesde Iapante occtdentalcdul'oceapactf- lqlnu.:sdp~lsejugt~
acc:tp(llbles par lc GouvcmeEta-Unisapris consu ltation avec 1eGoumt~nen
duhpon;~
Sajsons de chasse i Iaenhau te met l9&5/ l9198/~87
Balei t~nkedans l'htmispeud- lunitesdepriseju~eptalbesJnrleGou·
vcmemen1desEt:us·Unls:.presconsulnvecleGouvemementduJ:t;pon
2ll
305 VtJ/UIIIr.1()19,J.JJ166
II
/,r Mm;.ttN'duCmnmuu au Cha.rgCrl'affniJnpOnfM"mrirlm
I.e MINISTEitEt'OMMI:. 'E
WA."IIINCTJOO,C
Jl Novtmbre 1984
Monsieurle Cbargf d'.afYaircs.
J'tal'honncurdevous accuserr(ceptlon de VOtrtl'enrecoactrm .c:ous. t6cmtcs
tn:honsb1ia1Cnle.sentJedes reptisc'ntanGO\·Im~erll c(ocImanl le!!prises de
c.tclu.lcmeffectuks pardes-J:pan'l'I« populoatiUe ba.leiriedus Ia diot·ion
c:~dc k Itpalicnorddel'octapacl( etIapussibiiitCque,entq~tMinist:redu
commerce,jc-eercitoUicpnsc oonfum«. de cac::tuldes nationauxjapomus,
Ap~ coasultntionavec lercprCsentaEta~n·sisIaCummissioniutc:rn•uionalo
ck It:l~ it bateane-.ioncluqueJespri-sc:csommercialb::.leinesefftcip;&ls
desnalionauxJnporuusd.a:nlsrs l!nutesc:td:ut$lt5 cood•nonsindiquees&ns lecompte rTn·
dudes c:ntrettensmis c:nann('xei votn~ dfminuerniepasl'efficaeit6:de IaCon·
VeationmtematiooaJe p()UIIa ,- em.:suoode &atbJ$- lal»Jdn <k 1946 ni son
programme de prkerv:uion.
Les r.1pp011Comue SCI(ntifiquc:de la Com,n •nJrtmt1onaledec:b~ iela
boleine.ai.n¥iqudeci$iOprise1.1982 par lsditl."Commission, a1ti1QridesCI'
ptisesde-450t400bat(ltlpourles sa.sdt:ch3.s$(cOOtrede 1982 c:t1983 rt-spcetjvr_.
tuenl, htdiquq~tlesditesOJ>trati,onmfun~me nup.a.g.ra-pbeI du compterr:ndu
dc.stn1tl."OIJStne:lltpie\'ipas3.rtoneonuedesobjcctifs essentielsde ...Commis·
si.cmintematlonlllede 13:aIabaleine en mari(re de prtscrva1ionp.utdanse
ma d&:uion sciol:u~qelI.op(rn,tion$cornmereialeeb~s 1.13e.alemeerfecruCes
pardesn.stionaux jBponai$con(ormementllll paragttOmplertodu des entrttiens
susmen.ttonnco!e portet-aientpuotttein\e:lUI(objeckpr.!$erv:uion dCom·l
missioninlcmationalede Iadtitabaldne,j'not 'objecuCv1dm1de IaComnli.SS!IU
cWtsla dee..sionde ec:ucdemtCrede reporte-rIa date d'cnttttru parngnpllc
10(<).
Cc1runog_emem n,c$isnip.asq1e:s~ratio dechasseaIabll.te~IeTuCespn
des11~110MwtJ 3Updendaiontingents 1984-concem esbttlcinesnt.inkedans
l'bbrutpberesudich3ppeni3taeertificarion,Je dtnlandein.stammeuatuGoudumenu•nt
Japonderesp«tcrec eootiogeot.outr c relr.LitparvotJcOouYe,mcdescs objcc·
liDOau renvoi I:1uTabledau par1grupbe IO(e)deI'Anncxe-S('Jaienitrrevoeabl"',no
1
oobsllnl le&s!e deotdc en viguefrrureJ.
r!nC..nl.cGouvcnle.mentdes EtatS·Unls, en ce qmsad.fcisiond'accepttr nu
de rcjcter lcslimllc:sde pnses pOurlessai!Onsde chassecOtihepourles.t~i
SC)ndechasseenmen prafondes 1985/86et8187envisagCesa~graph 2docc-ntp-
224
306 Volnmtt1039. J-JJZ66
1ert:ndude$ cnlcellcns..serg&uKitpar lcsdetnit:desconlmgcnl$01doptip;aIa
Commissum mt~lliUAA dtalchasse3 1:.baleavantlesdttes saasons.
Lesdemrecserui cn sue nou:wonsC:\3VecItCo~ememtn lpoU o.nleu pout
objcctifd'eru:ouragcrhcauon parlGovvef'!ltfldu Japoodetuutes lct dispositions
de l'Annexela Coovenlion.Nousconsid«ons que tesdlfPO$iitonsdu par.1gr:.phe1O(e)de
hdi1eAtmexe socud'Uneimportaoccvi1aJe.s'agiss1preservationtlde gt':Stra
uonnellese$ popUI31io~s1a1nc se baleinedans mondt Ctltt:opmionestex-prlmh:
tbn IaJet unn•y(e~r le Prt5idenrReagantu 1981i ctl.ncumembresde lACom
miSSoin internatlodea:~hust i13b3!eine pout les encoura1doptedes mesucts
:tllantdans le sms des dispodu paragraphe tOderAnnt.xe,
VeuUiez,griertiC:, .•
U Mimme du Comn~rc,e:
MALCOM BALORlCE
MonsseurYusushi f\1urat.umi
Cb.ar d'~ffautdu Japonp:arntinm
Amb.usade du Japou
Washlng10n, DC
307Annex 64: Aide Mémoire, Joint Démarche byArgentina,Australia,Austria,
Belgium, Brazil, Finland, France, Germany, Ireland, Italy, Mexico,
Monaco, New Zealand, Peru, Portugal, Spain, Sweden, the
Netherlands, the United Kingdom, June 2005
AIDE~iEMOI £R
JOI:-1O~i.~RCH 8E AR<..E.,II:'(A,Al STRAUA.STRIA BELGil.~l
BRAZIL, ffillASO.FRA~C" GE.R~IA Y'IRELA''D.ITAL' \1.1:..\ICO.
MO,ACO, '\EW 7..EAI.,\l\PERU.PORTUGAL. SPAVI.SWEOL,,111E
KETiiE IU.ANDS. TliE U''lT"D KINGDOM
\\' ~e.Go\crn..mto(AIJcnunaAunrah \tt., Bt:lg~ Brm.lFliiiJ.nil.
Fr.u'CGerman~.lreta \1dr~lMcan.o.'cv. Z.C.a.Pe.ru. Ponug3.1,
Sp>~ S"eden. the :\<th<rbnds 31\dthe l;nued Krn10 W;e thorpmum~
CCm'rnnn1heGo\t:mmenofJapJ.nOfQarknC'-U)concerns;Jap.aJreponed
phm•to sub$!anttt1t:t~ ••~CJ~eunwhaltn»pmgr.un 01httAntarctic
(JAIU'AIll
We arte~tre. mtapomted th:llJapan propoies to mort than double the annual
bll.eor mmke ""'"'"'· ll!lflnumc. lOrndud013keorsofin an~~~
humpl>:.:k"h>la\\'e COO<Itreproposee<p.m>O<>fJARPA lllhe
UOJU"Ified3JII1\JICCCS&m
Wedo notbelic''Ct:hat ,.,,..:hlethalresearch'' nccessai"\-a greatdeal ot anfonn:mon
isolreJtdyavnalablcon C11cancJut1bc<IOie~ally onMCX: ~rS
populuhonsc~nbeobu1inedbnon-lethul1ncanWe ha\~nous reservuuon$10
the:.:ctenvo~. olheeJARPAUorouumrnc.
Some humpOO<pkopul•uons. wln,.,belarf<l<byIARPAU.belon, to""':all.
'ulnnabJe populauont 'South Pactr1Even 1mall tales couldd.l.mags~
anddiSPfOPORlOnatioctontht:tcc:O\'ttY:andSUrv1val.Wewould hLc:tOremind
theGovemrnen1ofJ:.panthat Finand1-tumpbackwhalesremruncldss1f1Ca
·vulnerab le· ln the IUCN Red Ltst ofThreu&Con)cquentlwe have
if:JVecon h:uIrRnA. U wiundl!m\IIthe long-tVlahlltofthe ~h:tlt
$PCC1C t~rht.rtnOI'C, about o( the humpback whales thDIWill 0C tokeu D)
JAKPAII rrom2007108on\\nrdsakno~ noresearchersonthee-astnndv.estcoU5U
ofAustrnlraancacaloguedphoaograplhill1<o( "''"~'«":~m hrognuns
whach~<a le!enO<ISunderll by~A RPA II
WtulcnoungJapan·s po1on that1tsacU\'1:1easrenot mewatht~ent
InternatioConventiOnrorthe RegulnliOnof \Vh.econ~i(~l Jthapsm·~
~ienrif whchngundcrmmcsche1ntenlor rhcmorutoritJmoncornmercu!lwhahng.
theSouthern(ke.an WhaSar1CttJatylnlc:madonaelfforu toconserve:andprotect
v..h: AStheJapaneseGovernmemw1l~all t.e lnt.em:uiunalWhaling
CooumssaonUWC)lw ~ted!) adopted Re<OiulurpnsJapan10refr.un(rom
CU1)1ngo\1Jeth~cnufi chabntt moil rtte1n2003fRc~uuo 2003·2)
June2005.
308Annex 65: Aide Mémoire, Joint Démarche by Australia, Brazil, France, Mexico,
Portugal, Spain, the United Kingdom et al, January 2006
.UD&bU!MOlRI>
JOIS T DEMARCtr£ BV AIISTRALIA, BJIA.ZIL.FJtJ.NC£, MEXICO .l'ORTtlOA L.
SP.U'i.THEvmTE D IONODO I« al
Wt, tK Cov.rttmc"at;Allftr.lBrul Pr~te. MeiltoPortuaa1Spulo.the:
Voitedl<iocdo(d al)prtlt:ot oor c:omplitotbeGo~ ofJap•n ar.dwish
co uke tbi.soppommit.)rto lnforro the GownunJapuooftut ttric cOG~r Jo
tbotttbc lmptti'Dbtll Oftbe*ODd J.tGC:SeWh.tle Rtif.U'dl rtorUbdtor
Sptciatl'etmlt inADtattt()AJU'A(0,~ starttd onL"ovt.-htr&.lOOS.
We we deeply conctnM.c!dau t~\ ef Jt1u1a Jotw4s to core than
cl01 1lb-M linCaleb Of11'1\1c• Wb,Ju, •ndnt'ltlbtb!.clUcftCft(jOf 50
0• Wbak:salWI50bumJ)btck.-hateliiGderJA1tPJt We wooldlik t~,...j1l le
Govenuout of Japan 'bAtlia md Jampbs~1tl~artn~ daliled u t•uctaopred "
aad ..YUlMnhW' rapec livdyI• \M JUCN Red LIR ol 1\natued SpetfetWe
t~cfo u.vtttavtc:o'IKenuthat JA.RPwillund~min eMcto.sc-tuvbbD.itt of
tlxsespols.
We de~J~ )' dut more 1bu'JKIOA•tarcll e-mlnlu •lthaw alnnci)'
'*- kiJtcdl:nAnu.r«i c......un uder )'Ui.tJARPA CODlpVedwithttotaof
ItO whlllts killed clb7J'~, rpt.niwllnc rua.rtatbt' 31 yeJJrptnH prior to
tbemontorigm GOrommtrciaiwUJI-c,
Whiltoodns:J:.pnn•,.podtiU!.aits JARPA P"'ll'Dat6Mt ft~ t
With tbe Jntc:tcatLouJ Coa\'tferltbc:Rtzu1atioa. of Wltawe-ontt. atala
cmpW!,a thatf.b IUnlecessatow. lctb.al: u 1A ordtrtDobtaJn uje.ntffk
ild'or~ Mou.lti:ond,datA tanb. ~ttd W •lmocttl1caletby ooo-Mh.tl
kdl~tiq Wuettbertfore WISidu th.tI~ te~Ac o.w lflq •JJdtrm.tnu
'nta"UtlonaJ efiortCNStf"'.dCpto& -.uka. l'ot C.UtNa:soa., theloleroationaJ
WllaliJ~ruti)i i•idcpwl st'la'lll rtSo!utSoM 11111intthe Co"CMUDt.atof Jtp •Q
to m,..io froto t:UI')'i>liCout kdW sCc:ntJ.fl('W'h.allnc-
•• tbM•u•~ wereal theatit...ee•1 R.taolt100$11adop1eddwilc'"
571'Aan~ "fdiualof the.lWC.•til ures the GMerli..IttJapan to t'Wt'lisi.tJ
JARPA 0' p,.._,.._me so t~•1'•fOrau.tiqn neeckd tatcirmiftc:ob}ec.rl-cts bt
ebbj ncusi~ no•kU..ala~.t~W e.. ulcr to Rcwl\lt~tll •JUthaffir•that
110addidto aJ1A.RPAproracns thoulan:ridtrtuatiJtboSda:tific CGm.mtitte hA
c-om,kt: a.nin~c= ptOYitor t.bt resab ol JAlU'A..Tbrot.:B»eDMAires
Dcda.ra il:o~OD the fetyume da1 theJA.RPJ\ It~ltn.ilcdMfl'lLatin..
AllltriuJWC aooSoudlcm Ut:mtsp ~t~u~eh.tr acommiUtct~pt"ODOtSquth
Adutie u.d South P1ti f\\'IaaSlt\Chi.Draad rufilmtd tb•t~ Pcn:nh
whalioaslloutdt~rmhu ttdddut1fie.rr.sea.rc.lbmittcl to~oo·ltthU
Takiot ~~ eontidtudoa~• eavlroCJnn tAl c:o-ueethe:Co"a,.nJMnef
JD$UIAIa MVeral area~ lU'OD&)uret Japao to Jolo the hltall.AtiouJ tol"'m•aitJ ,
~ "" Hs lt't•<'-'tir..eardl•n ~ u d utu,. the·tenrof tbt "cutlJ
"'"''r~ rmpl-.1""tt;A~'P A
309Annex 66: Aide Mémoire, Joint Démarche byArgentina,Australia,Austria, Belgium,
Brazil, Chile, the Czech Republic, Finland, France, Germany, Hungary,
Ireland, Italy, Luxembourg, Mexico, Monaco, the Netherlands, New
Zealand, Peru, Portugal, San Marino, Slovenia, Spain, Sweden, Switzerland,
the United Kingdom and the United States, 15 December 2006
JOitrOEMARCH:' BY ARG:NTIN.<. t.,USiRA LI"- i,'JS""RII> S:LG IUM S.'<.t.,ZJ,L
CHili: , THE CZECH REPUBLIC FINLAND FRANCGEPI.t.,N 'iUI~G" .-'<Y
IRElAND ITALY , lUXEMBOURGt..EXICO , M::>NACO i'l1E NET,...::'RLANDS N!:W
71'4!..AND P::.RU ?ORTUG.AL SAN, INO , StOVE-S"AIN SWEDEN
SWJTZERl.AND THE UNIT":ll 1-':IIANDOTHMUNITED STr.Es
We theGovem"1lems of Argenuna Austrafia ,AU$-iUsfisz~-hrJte Czeci
Repvbl 1c F'tnland Franca. Germany.l"'elattalLux~:l~ rgJ e:d::o
Monaco the Netnenarus NZea~andParu POftt.,S:~MT"n: Sloven:a Soa1n
Sweoen.$wi1zerlinths Unrteo KmgdDman.du.,iiIrat~ p~!mtOt.t:
.;om;>hmaotsto the Govemmerrt oi Japan and WY:O.Jserr:»usconoe-ms
aboutthe c»partur..an·swhan~ fle9'1on 15Novemoorto Afl1·wateafor a
furt.Mr S9a:sl~th~~ntdicwnaima as part oflmplf:m~; 0:tles~)'!:'O--.d'
Japa,,.,seWhale Resoarch Prog:-amunder S,.,citt>AntacctioIJ..RPA II)
We are deeo!y co!"'cemedtG::wtm-nenofJapan ptai.kill tJ935
.:-:marcbcmtnKewnalss afiwna~s tnzsyearV~'hn11.,Jai'n'~oosfbon thai
ItsARPA S<::;en::nahngprogrammes are h~ns:st winte lntemab:maf
C::mv 1enn~the Regulatofv.,rnahwegemphas:s! mal i, tsurn,1eeessar to use
lethal means In order tSCI9ntimfom:auor, and aa~uat~da;:fo.
man.agome-tlpurposa:s::e:T.atrUSlfn:n>~lettnhr,louesw~ eo,s,.te,a~
.iapan s s:.!nhflt wt:al.ngumt~att011'efto.-...tsc =:msprote~nd
'Nnaies F¢:11'~'1 t:hln0tamt~olWhabngC~m"T'l& fS.t orsre-a~Ut')
BOO:>tres~!u: !J:I'g~ilnt.r~fr arm i:!trs~JS; lnal"'g:
We are also alarmej tr;rtey!lar JAAPA.Idu~t:tn·:!i5tfirwh.Bea~"''j
S.h~ilDba w-1aies We WOjiDlikere:nindhG!!vemmetr:Ja:>ar t.'la: fir anc
h.im:lt)ack wnates dassa~r.as "'.B:cl;an~"\·-~.~e;abtitetrval)' m
~ tntem atl .Unoto.- ~ortSe.rvano:N:tu~(IUCN)?~jWs.o~T'nreiftene~
S~es \'V(M~or; reiterateour grave cotnaiJARPAII~iln~rmm; tne
b:'lg-tl!-mviaoiiityi>p~=e:e.i'eas.rv Vanj \"'cS~umar O:_an
lr ajdffi.:~somat ene.t1~ ta~half;)' W h.J1lD. nal9s ma·~ila;;:En
oy JARPA f:'o2007f2C>O:o:l'Nara~nOW"! researchet rs!2$and~
coasrs of Australia New Z.ealand Nev.an~TJ:'\all;ta:.oae1
catat<Oi1tO:'l:n aoparr:exW•.u;no;.-las:.e.,m.crasaarcn
orogrammes'"' re~n:l'; ~:m:::eyme.tnse n:4etn:s::t:ntres2:r:r~
~rogramm alb!' ..Jrrien!JJAR?4 II ~.~te~T~! s;Teo'tr~nemooad'.s
W"-:'Hil: l~"i) ey:M~R~.I'~rtnets..Jmf m~·;;g-?J_'l a·ik~et~
Jeion; tO:smat vuh:t;a:>ulat1tna: :tveo·Wl:"lter11L"le-S1:.d1h~:ific
>:>metha: -a-.aJ""-e:n:la 1?91"e!.
We -e:>9:I .::~J' sl:;,·->l~):..:l:$t.1~-J1~:vr3i;1:We-rs~:l"l:t.!
£11.::om!T'M!:e..,~~"lm c.lr-.:.h:: !3:w;n rllJa~a-trm :l-1) a~a!'
a"lsr~~)n'Ql:-:~anto~ 2'!:-nr:·t~ ald.:ie~lS:J3:nnres3a~ ::>r~
'W""IasJ."lJ:..q·11
310Annex 67: Aide Mémoire, Joint Démarche byAustralia,Argentina,Austria,
Belgium, Brazil, Chile, Costa Rica, Croatia, Czech Republic, Ecuador,
European Commission, Finland, France, Germany, Greece, Ireland,
Israel, Italy, Luxembourg, Mexico, Monaco, the Netherlands, New
Zealand, Portugal, San Marino, Slovak Republic, Slovenia, Spain,
Sweden, the United Kingdom and Uruguay, “Objection to Japan’s
Scientific Whaling”, 21 December 2007
AIDE MEMOfR.E
.JOINT D'EM.ARCfiEBY AUSTRALIA,ARGENTINA,AUSl'JUA,
RELGIUM, BRAZU..,CHILE, COSTA RICA,CROATIA, C7.ECB
REPOBLJC, ECUADOR,EUROPEAN CO~fMI ISOS,FINLAND,
FRANCE, GEJlMANY,GRltECE,J.RELAND, ISRAEL, ITALY,
LUXEMBOURG, MEXICO,MONACO,THE NETHERLANDS,NEW
ZEALAND, PORTUGAL, SANMARINO, SLOVAKREPOBLlC,
SLOVENIA, SPAIN,SWEDEN, UNITEDKINGDOMAND URUGUAY
Objection to Jllpan's ScJendflc "\\'baling
We,the Governmentsof Australia,Argentina,Austria,Belgium,Brazil,
Chne, CostaRica,Croaiia,CzechRepublic,Ecuador,EuropeanCommis.ion,
Finland,France,Germany,Greece,Ireland,Ismel,Italy,Luxembourg,Mexico,
Monaco,The Netherlands,NewZealand,Portug,anMarino,SlovakRepublic,
Slovenia,Spain,Sweden.rited'KingdomandUruguaypresentourcomplimentS
to thoGovetnntentof Iaandwishto lakethisopportunityto informthe
GovernmentofIapan ofourstrongobjectionto tl\eresof thesecond
JapaneseWbaleR*arch ProgramunderSpecialPermJtintheAnUtrctie(JARPA
11),whichstartedonNovember18,2007,
We recalpreviouslnternalianaliVhaliogCommi(lWC) Resolutions
ceilintorthe withdrawalof theIARPAll proposal,andmostrecentlyResolution
2007/01,adoptedduringtheCommission's59thAnnualMeeting.whichurges the
Governmentof Japanto suspendindefinitelytbelethaofJARPAII
conductedwithinthe·SouthernOceanWhSanctuary. ·
Wedeeply regrethedecisionof meGovernmeorJapanto disregard
r~pea rteqduef.~mtUeinternatioclommuityiorefrainftomis."'uinsgpeda.l
permitSforresearchinvolvingthekillingof whales withintheSouthernOoean
Sanctuary,whichwasestablishedtbJWC in 1994.
Weare profoundlyconecmedthatthe GovernmentofJapanhasendorsed
thetakeofup to935mink50finand50humpbackwhalesunderJARPAIIthis
season-the Jarge.tle~ont fi akeever- despitetheJUCN(World
ConservationUnion)classificafinwhalesas 'endangered'(ata very high
risorextinctiand humpbackwhalesas 'vulnerable'(ala hiofrisk
extinction).Trwc recognisedthethreatenedsofhumpbacksseveral
decades.ugo,tcting.abronwhalingorthespcdesin1963Wehwe grave
concernsthaJAR!'A Uwilltmdeonino-afuturerecovery-Mdllongterm
viabilityof thesespecies.
We notewithroocemthll!tbeprogram'viiirargetspociesthatareessential
to thewhale watchingindustriesofseveralJWCMemberStalessubje<:~S
311 oflong-tetm non-lethalresearchprogramswhichareyieldingwidc-tilngiog
insigl>tinio tbe speciebiology and ecology.
We deeplyregret tbelargenumbersofwhalestaken\llldorJARPA
programs wlticb,notably,outnumberthe whalesldlledglobally byJapanfor
scientificresearchin tbe31 yearpt:nodprior tothe entryintoforceof the
moratoriumon commercialwhaling.We areextremelyconcernedtllatmore!ban
11,000whaleshavebeenkilled\llldcrscientificprogramssincethoinlroduction of
tbe.moratorium.Wecalluponall membersofthe lWCto fullyadhereto theword
and spiritof the whalingmoratorium,whichis intendedto protectallwl•ale
speciesworldwide.
Williewenote Japan'spositionthat itJARPAprogramsareconsistent
with thetex.tof theInternationalConventionfortheRegulationof Whaling,we
once againdrawattentiontothe availabilityofnon·letbalresearchte<:bniquesto
obtainadequatedatafor biological,populationandmanagementpurposes,
renderingJapan'slethalresearch _progtam.m uennecessar.y
Takinginto considerationtheGovernment ofJapan'senvironmentalcredentialsin
sevcm1tucas.westronglyurgelapantojointheinternationaclommunityand
cease alitslethalscientificresearchon whales,al)(assuretheimmediatereturn
of thovesselswhicharoimplcme01iogJARPAU.
312Annex 68: Australian Government Press Release, “Antarctica and Whaling”,
24August 1936
!:Ub 1~:10
A l'roclaatton ,....1aauod "<OC!A byri~og
iamecUat.ellr into ope:"&Qou t.hcAua.tr&lUD A!::lo&rctic.'re.rri.to.....,
Aecept.a."lC:e Act1.933. Tll.eCO=onw~t.h 'iii'ba.Jgct wu
procl.Aim.CIIGJJ:2l..at Ansust.t an4 regu..l&'tiona \he.roeunder are bett~,g
iSSUed l.oci&•
'!he lll&1n1!ll.erest ot ':.beco"""'""ou tJ> u. <he
Azl~rc:cti a.t. present.is tho need :£or th e regu.latJ.on ot whti.Uaa ·
At..the.~J. aoeof' the :J.$3334 •n.a.l:logaeaao.a., 1t.l)ecame ~arent
t.ba.t't.he nock ot' Whales in the .Antarc:Uc ..a ~oaU.n& Mriouel,y
4aplt:Ud, &lld thia poait.ion hU r.DCe become ac:c:ea'\.U&t..ed
according t.oad.vice reoont. ly receivtld. . the 4ldA cA~UM ot t.hi a
da plet1o n baa oet.n t.be 1nc.r...._ ot. ca l.Cb•• due \.0 the
e.a1oabl.1Ahlt&n:t.And~ o.t 'Ule pa1Ag1c •1ataa . ODdu- 1J:Ic old
•tboct, e&J)l.Uredwb&J._.a b84 14 be. \a.k:enbacl:.t.o t.be baM tor
t.Na.tmen't.- u oper-at.ion which l.i.tt.ed cond.441.rabl1 t.he •aope
ot ...,. ,1ng -but. un:la:- lobepelagi .c •r•~ .:>bilo f'&ct.o:iea u.
O&D't.ou-t. accog'pM.:JJ.. y ch&aors , an:1 t.heWba1as are 't.t"eat.on
t.he ~1..
By agrecent between th• Old.t44 KingdCD and.
tho ~~ QQvan:aa a:t.a u.. 1936/36 wb&l.ins Muon i n
~~c - ~ • ...a C1l.rt.ail.ed&.od.a. tb.rthor a.e:re-ent. ~or tl:le
cur1.1d,l.m:ent. owb&l.ing ~Soa' ttht.h& EQ.uator i s oow UDder
conaidera t.ion.
11
1'1t.ha vi ew- t.o th• re .gulat.ionot t+a "1 1 an
1D~~t.1on& lcnveation waa d.rM'a up UOO.er the .u.spieu ot tllt
Le.~e o£ X&Uor-s i.n 1931 . It .u e1sne4 on beh.t.lt o~
Auat..ro&lla,. 6.D~ CQD::!IOnweLtt :1s no• 1D a pce1t1on to
pro ~c wi t.hra:"-ifica.U. on eotu u it 10 ccnce :"".Ded. The
coavent.1on baa: been r&t.1fied by 26 cou.nt.riea ineludi. ng 't.b.a
Uni to4 XU;;don, No,.a,y 1 tJDil.Od~utea ot .b ert .._,lN.nl.a.a1
313 Coa:aonwe&l.tl:. cor.t.rolutdtr ~· conertituU.o n only
ert.enda t.oortre. ...t.rrit.orialwa.t.ere a.nrSt.h• A.nt&rcUe ;erri'tll:-.
For lobe pu.rpoM 0: coaplt" eont..."'Gl.o•bal.in&: ~ co-ope..ration
or t.be 5 t.ataa11 nec t la&r7 , an:S U.e COIIDOnwealth baa been in
c:o~pon4enc weith the St.ataa with a vi ew to the ldcption ~
1ll.,.ot: a.D<il.l.a:-y I.pal&t.ion 10 t.h&t. wlla.Ung withl.D tu:-iUJ-iaJ.
lim11.a ~ al.lo be et!.ct.t.v•J.y re ,ou.:.at.td.Queensl&nd bu
pasaed an Act.. &nl1 t.ht u.t.ter ta 1.0be diacU-~s a. dth •
Contartnc t be'tlf'tiDCo:::~omre a& lthbt.au IU n!t"rs which i s
to opeD at A4tl&1dt on 36 tl:t Au,gu.8t..
The a1tuat.io D .1n nl.&t.ion t.o the An'ta.rCUc -...
d1 scusH4 at. t.be lcp tr1&1. Conte renee in 1.936, am was
subseque givtn.~turtbtr eonlide .rat.ion b7 t.he Onlteci l:.it@dom
and COGIIDOwanal'tob GoverJDent.a . U a.reault. on 7t.h Febru.IJ"'y",
1
1933, an Irppar i&l Ord.er-i .n..Counci.lwu ma4o 'oy ii11 K&Jeety t.ba
l.at..Kina , a!tirmins aover•ign risht.a over t.ba Ant.arc.U c
t.err 1:t.oey, othert.hG.n Adbio Ll.nd ,a1 'WAt.od.aout.h o't t.he60th
dosr•• or 3outh LD.t.i tud • and lying bo ... oen the ).60th and 45th
deg:rtt.a of' llaet. Lo:Dr$1w.4e,am plactns auob t.er!"t.ory un::ier the
.a.uthor it.yo~t.ht Comonweolth ot Aun. ralla aubje ct t.oth&
pa.aai_ng ot laaielat-ion by t.bt Conno nwea.lt.h Pa.rlie::aentar:d the
:fixitli o'Ea dat.e by Proclalut.:lo n . The cou'tll.ne o! the
Australian aect.er te approxi=at.t l.T 2,000 m.il.ea i n l.engt.h, and
tho a.ru...io o.bou-t.3,000,000 tqU&ra llil•a. ·
Apar-t troc1 WhallJll , t.h.&re 1e need a.J.ao to :osome
pro 14ct.ioo or ot.har A.nt.&rCUc r.. ~ and bi :"'d.a. !'he .ln:ure: Uc.
t.err1 t.ory hu couaiderable actual and pouun.1&1 ecoDOI:Lic.
i..cl:po:"'f.&:lThe t.er:-1 tory a.ow!mown as AJ.ub. ., coeh o~ whic.b
lles .rith1n \!lo ":-ot.i" Circle u6 wbi<:h )'ie l&ed ru<:h e. lArp
qti5Jlt.-:.yo~ JDl4 t wu once r~ u va.loele•• · I't. ia koo..
t.hat. t.b.ere are.o. f'ioe ·~ c!" coal.i.n ~ A.n. t·.ac~c
t.e.rrlt.o:-&lr5 't.he•• M1' be o\.her b;Jon.&nt. cine..-..1. weU't.h.
hrt.be: , it 1a bell&v~ that.!'ND a e'Wd,y ot t.he mtlt.in& o'C
1e e , :"tUable 1Dtar•nc•• could be drmru u 1.0 'the cha.."""Aeter
o!" tb.e co=ia,g agriclll::.ure.l.ae-a.sons 1.n AuaL-a..lia, a:d the
amount. or r a.1n t.h&1.IN)" be anUt-1pa.t..s. .
314Annex 69: Memorandum from the Informal Inter-agency Committee on the Regulation
of Whaling to the Commodity Problems Committee, ‘Draft ofAmerican
Proposal for the International Whaling Conference, Washington, November
20, 1946’, 15 October 1946, [excerpt]
Occcber 15, 1946
To : Tm: CO!e!ODITY P:l03LE MS CO!Y.!T'l'El':
?t·'lm:Tbe Informal Inter-agency Com.i tt ee on the Rosuletio!'!
of ~'/haling.
Re: Draft ot Ame:r! can Proposal for 1,;hc :nt.or:te:tional
rlbnlitt..g ConterenIe~;ashing IrNo..mber 20 I 1S46.
The Inrorm.e.l Inte r-agencyComn!ttoe on the .Regu.l!!nio
of U'buling wa.s co.llcdtog atho by 'the D&!)tttmon·e ofS~.ete
during July 1946 :'or th/3 :?urpo.se or develuplng the
pro_pnr.!:t.c.r y wof"kther Intorn!:tlone.l·'1h~li Cnonter'Jnce,
which h~s b-een c~llc by the 'United St'ites t;ovoJ"nmcntoto
moe~ 1n :'l•sh1ngtonon l"ovccbel' 20, 1945 . The following
egcncias und otrice rs hsva porticipated, a~ one t~~G or
another , in the work. of the G=i,tea :
Dt--pa:!'1.mott.St-3t !il~.m E. s. Flory {IR)~
Cherles I. Banms (La/'1'), :lilli!:... Broess(IC J,
Jolln 11. Boldermen (OA), i'lend~ll Hl.yG (Oh) J
J.r tburR. !Umbr e~ (Ill) , l?arreKelcllner (!C )
l.ylaL. Schmitter (IC), Clarka! .•~/l. lJr tJl) .
~'!QDi'!! !:>st!.tution: Dr. Remington Kellogg
Depa.!'t.mg,tt.l.....D grf~H..!..~ieoson.:.
Donald • · c~ney, Or. Raymond t.. Gilmore •
.Qpast Guard :. CJ!t::tin Rorold c. f.toc-ro.
D~~trnent ot Q.~~:.. Che.rlesB. Lund 1 ~!'! ss-C\thy
p . aayles.
Dep•rtment of Nlricultw-o: J"redJ. Rossiter,
Russol1 S. Kifer.
The Cqn:mittce herev.:ithsubmits the Aneri c.snrropos~ls
f::>r whnling convention (Exhibit 1) for your approv;L
In view of tt.~e..1rly da-tot tho oont"oreneo ~nd tho nectJssity
thu~ fortii&n dele~ gtions~v~ un op;or~unit ty give ~his
315 SECRET
- 9 -
195? ~g:urmcnt "it)ltho rolloning cllangos;(o ) e ins,cctors
instu.:d of l ure .reotulretor f...lc"Cory vcss eJ.s .T.b.a
penclty , !.~. forfeiture pro-i~io 1ovo!ving ~ho proceeds
free.1-lego.l'"'hles, is cstabllshed . This is it'ut~foui:!t-y
wiLtl: U.Sregu: l:ion, sc.nd1~ ws dea.med e_pJ)ropriatt.o
m~ke~h o ?enaltios of oll contrncti Gnovernronts uniforn
in their sovority . This l~tter provision 11111require
novt doncstic1ogla l.ot.1on in a nuobc.r of countrie-sThere
fora , in .ln Gft'orto !.Void unduo:1ao;l,~is r:.ifi~ tion
by ~uchOovcr~oot~, ~~tiole 10(5) or ~~esc ?ropoGels
provides ~h~t domes~i lceis~tio in not r~quiro rdr a
perio d or twoyc'~ls ~:rt.rr1Jr-fi'ltionor eccc:s-si..by
nny Gove-rnment •
.~.Xitlo VI!
This is bnsed o·o 9 n!.tr.lber!l"l"I"'l f~~ellcrS
es r oomunt ~d is cx~~ndcd ~nd ~ovisod to covor ~11
st=tis~!~el ~oporting ro~uireoon~s. The nlture ot the
~ta re~uired from ~htCiovo~nt mnts wi~l be sp~cifieL d~
tho SchallUJ.e ."!'he !Orr..JlO.mnut o froi)Ol"tin\11.1.1be
spocifi~d by tho Co~ission.
nrticlo V!U
Tho fi.rst see'tion of this n..rtielis Ulo S!:ma Ps
Artie l 10 of ~hu 193? ngroemcnt. lt oxam~tc sort~in
scio~t1t1c1nvost1g~tlo rsm tbe conscrv Qtion rcgu~l~ions
s~plicabl t~ ordinnry commerci aloper~~io .nsThe lnst
two scntoncos .e..ro nan nn:~o.cdmini $trc.ti vo ich:~.Jt.o.
The;; rem'lindoof ~ho Art!olc is :~.e:wd str es ses the
1oport~o n of scientific research and oncour3gos dissaminstion
of t.J1isinfor~Ct~io.
\rticls 1~
316Annex 70: Speech of DeanAcheson to the Opening Plenary Session of the
International Whaling Conference, 20 November 1946
DB?ARTUENT u.' S'rA!'B
rott TBE ?RJ::S3 JIOVEMBER 20, 19~6
:io.830
wELCOlllNG S?EECM llY ACTI: IG SECRST-'RY OF ST.\'I'E
DE.<ll ftOi!ESON J.a T!!£ Ol'SlliUO l'LE!i..HYSESSICP TJrE
INl'Blt! 'N~.nI!!.;L"I:00!-P..L.tt.E~irll : 30~.t..,!
JIOVJ!MB=:20 , 1?46.
! om vory ple ased to ~:.v.athis opportunity or ooleoni-ng
you h~ro t.oQe;; on bcll11lt otthe Cov ~~n:nen t! th" United
St3~~ 3f ~~eri a.
Tb.a eonvon1ng. of thia Int ..r.ne t1onc.l vrn5linConfLrtm ct
1s grQtlfrlng not onl!-- boeau.sl!t carks an a.tivttnee ln1nt~ r
nr..t1onal coop?:-a.tJ.·.re oi'f!tn r.hn.laeo:Hhlrv&r.inn - but
buca u3e it illu~~r~to ino~~singe~opera~io among tho
nttibns in tba 3oluti on of intorn~~lonal conservation
pt•oblcm:s .
TM r.or.. ol th1o Conl'erence ls ... first, to provide for
tno eoorct1ntt1on &nd cod1!1cnt1on of exls~ant regulations
und - &~con, e tha aatublisbmont of effective adoin1strnt1ve
cuehinv~ fJr the wodi!ication of those ragullt1ons from ~i~e
~o tiQo 1n the futuro cs conditions moy roquiro .
?rev1ous confcrenc hbvc ~ocon gieod thAt ~hora is an
urg6nt ne~d to e$tQbllah 9~~~nt inturn~tion manuh1nor7 to
:J~l! .it!: l'll::.aling quaat io.nd to avoid ~o !roqu~nt !omD.l.
.lnternutionc.l eon!'arenees ond i)rotoeola wh1ch !lc.ve character ..
1?.-ed theb!stor:; of wn.r~!: rc:gglattons . The United St.&tes
prop=sals !or a.pomnnt~n tt.h.&.11coma:!D~i o!nd for eodifl
c.at1on of ;tX1st1..ng l'9gulat1onscro a. mAOifostntion of the
raoogn1:.od ncoJ:S.to;~lnc eh:lle con:l:.!'vat!.oon n pe.rna.nent
b!lsis . Th..e:l.cp-roposalsb!-vo bJ.onp~!·!nst.at to ;~o !..n. bosla
for your deliberations nt t!.UD Catt!o.J. t't.mc.:~
nbilo the iumcdiC!t .~.O~ kr tri1D Conr.._r(lnCe1S pr11:1r..r1~-y
or an a.dminiat:onti va chnrr cto~ in e::n::.-tblishithe6 l.ong r.ange
mo.ohlnt: fry regulntion , the Drond obj(,lctivc:lo!' wh:..l.c oon
.tl.3r va.ei.:tn nw:tconstantly borne in minC . In Vlldoper.spec
t.-1.VIell Cl!~ho n~ti Ofll ol tbl.!YfOrld.hUVU l'c$p0fl81bllity and
lllterust in l'l4irtt.!linMdg 4ovttlO?ing t-he wh!ile stocks .
Th.:So \'-~ (lHocks ~r.J s Vl'Ul7 intarnutional rotSourec in tho.t
thoy bolonf\ to co 5lnglo nc.t.ion nor to u g:-oup vf nations ,
but r~t;h•J lrey ~=.r ti-l '>tO.rdof the entire world . I-; is
true tht..ttha •:.·ho.loor o:nly a :e·~na::.:ons b..o.v0., durinan-y
!)De _.?er1o1 cilo3td1 to 'lx:p-lclthis corr.mon r osource. It h.e.:i
n~t b~on 30 long s1neo tP~~ country ~ts tho pr~a~y exploite r
t:Jtthu VlOl•ld 'stoclts , \.ltid ou.tt•it th.!l.t I lookb~tc .,
r.itb ~csr~t, to tho !~ctt~ ~t ~hewo~ld 1rt ~hnt ern did no~
t-alt,it.3c::m3..n·vat.i':ou;spt"~zt.S1 tr111 srioul3 .
~h~~ ~~nsurv~t1o ~=~ ~~an L~t~~c ntlon~ ~ndcu vor,
n.r.!t ts ~u.rh.ope thst ·JttC:r,t:.ticn , llhtltiovar 1 cs d!rorr;
!r-~r~ee 1nto~ost in whalin£ , will ultimAtely p&rt1eipDte
ae=1ve ly in ~h¢ p-ost t~sk of fos-;~ri nndg d.ov<:loping thiG
.eo11:;1r~ouroc .
317 ...sI turn Lh1s tno1lting; ovor to ~u ! do so With no qu..s
tion C.s to th o. outcocc . You t:t'O no-(i;nfl'.Yto tnisprob lem 11f
\7lmlo eonsc v~t 1on end dovolc,ptt.cnt - tlwt:iof y~u Q.l"O::tut hor5
af this progrc.m ...most of you nnvo worked elosol:; to&llth ·;-r
for o.s.nyS'OQ.I'.in stl'i vJ.ns eQwerc.. tho b~.s postltblo .:...u.rus
!'or proscrv.fng 1ntern r:tionnl '"'tullv stoeka cmd CS.llof 70u
c.ro horq 'fOith s1Llilo..r pW'poso o.nd aiJ::tilco.1.rn..s
~:: .ython y;iGh ·you grout euoeosts in :.he W.."lrl<ofthis
Confcr¢noa ~r~ u p~asent stay hore .
318Annex 71: Government of the United States, 1971 PellyAmendment to the
Fisherman’s Protective Act of 1967, 22 USC § 1978
UNITEDSTA TES CODE
1982 EDITION
CONTAil\'P.W1'11EGENERAl• .UW PI<:RMANENT I..AWS
0~'TILE U11TI'lm/\TATES, I'NFORCE
ON JMiliAIIY 14, 1983
,....,.~.-.~.. ..To~lltC.Wr.~~
"P, .. ._..lA•....f...toeJl_.ta:p tnn
VOLUME N1NE
TITLE ~2- fOU.:N IRELATIONS AND INTERrOHRSR
1'()
TITLE 25- I.NIJIANS
CXJT2n \ Tt"
hfJ\"1~1J1Pki~TIurnrt'
\\.\ ....HIP"tO\
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rllt"' 1tcoubtMHt'tPd iniO lt" Tl"'..U&a,!tllt.-..1111 Secf"t"t.aol Conunt•rte or Ihi"~rr .uyof
n~U\fr<'"IPU U1r lntl'tltnLhe Prtstdent.tlall nom. u.· con:
5\l~l 1'1Putl i. U:-'-t4 t I l'llltn!Wd l•ttJ~1-auss ot an)' actlun Ulk('"I))'h!ln pun roltl\.d
~,,I~,.I..,...._1"1••!1J.u.,IIlfi1 . .-1:141ol... UJUC"h l.etHHto ln.H~tt"U.•('t uu r !l!r:'1
pi'O\Itolora rl'ftotltf\lill\iant'l' ol I~CQiaUcnu ra.ll' tdftt'<'thl'$1"(n<lar)'or 1ht Trr-a. urt lll
S~;.l» lW II PUb L 9':49-t 1'2 .lii.O.Utut&oi:tl' prohtbl! th,. ltnportatlon or fl!h pM(I ·t.o:
ut'fl)COrn.mtn:..-· ror !Sr<'!'f'tll.nrlrrtor~
wildlife prodou r hl~Olh:!milnl rountn _"'.!!
I!IHTtlq D~"t tI 11112 ",.L.Oiti»Ul ..uch nrahlbldon dot'S rrot to \alllttl~ ho"
Alnc:lldml'.lt)rtlb. L 1:·5-511IIVVIIt:a•lt.hft: U<'taor vdldtffco produ.ctor the otrend.tno~ua;
'PI"'·t10 "lr.11fll,..,.(l1.,.t;.'n Sal"..«eu r It)' lh<t ?resident shall tnfo rm llll" COOI'ff'$$11
tiN on or dtl't Oet. 2t lt't'l.~tlto 6cf ~b L lhr reMan• thM'tfOr
320 . "'"'
·••••,.,...' 'f••-'"•"*u'""" ..,',,.,..,,..,....nu· !Mj.b.ft-cthrJllr~lct alUn..tltUIMJ
"' ., ..11111111.-d ru..nouontbkH••,au.e..w.WNUnt~h th•thaud'l:
IId~ll bf Utiiii.'AfUIar'juornon l\lbJf"Ull
ttl" tur•oJ••"1otfth·• llnt\•d&.atukno"1nt.1t &aoatdl.tntra.rtm..opc:nllCi""It\trlu:an bf
t• ~ vr Ln'IDOrtlnlor~ IObe"lmf)Or1f'd lh .. ..-rt<"r •b~- ~~td lhttf'WI
Ul~u.~ t'n.UP4 Slalf'aru l&ah Pf'Oduc'-- f1f
IJw'~..oi"'dII'UhnntO&olhll'~~'' &ut'tan ,,, Olf t~m t!""' "I~'hf'f1"MN'L
Ut 8udl prnuc1 .., a.\~ IM.J utzr .
,,4r~ ,......,.f.wn.larJ c........ • "" '~ Mll•l'll'ff'ft.wtlllb,_..., ta.hil
,...,., ... bNt1w;. '"-'.... e6 ~ r~ u:.l• Udllft>P:"Od:DC......,hlOf 111!1
....I.I.-.. ponN lido Uw UtllUd &at.n In wto1aUon oJ
""" ..utnc • ~ coth.(Prnklcat um -n ... • uw l't'I\IJaUCIM ...u.ti'Nn
,.,., Mle..tdaof•a Iel U'dl MCSJl>oft,l~ ttr. ,."'a~ Ulll •IUillr DfQ!bc\1 10
...,., Co~U~t-rc or.uw ~ of Uw ..._ IW4M4.., ,_ b~' etIIIWW&IIl&o Lbr __,
........, ow ca. ..... .. .&haJJPfr10dae:aUT "' a I'Ctartof comcwt-.tJQrildktiafw ., ,.,
ttNial.NUnlf)1h10 ct.otttntmlllhr:n'»>na· r~r .1f•1'1.1\llpl'o)thfoa.a.tat)'Gl the T"rt'IAt)
ralL Qpan.o•••rm.Jnlnlwthat-DMtb rtUONr puu andnH~MDA~l&tonltll'•ttk S«r~t&l ),tl.a.lth
lonlt'rPt'f16lllhP &c:rtoliUl' c.oonrrmt'"J •hall
ttnnln•tf'the tntlf&raUorland P\•b1~ nolt-1• .• ~. .........
lbtn'ol, IKtth,.1uth a llfttt·ml"of Ua• f&ct-4
an •hk-h tuth dri#rwna!lon • buNS tn ll'u• lr~ """'"'"of LheTtt'&il.ltf, l811.rt\&r)·
Fw*ral Jtr.~w all' r.u-h ...,\.h0J111r4to prc:arn.a.h'IU1a·•
,.,......... .,... ........... Ut'lrUt h• 4t'teJ'Ull:Rft'fW&r)'$4 OIJ"fPUI
tIt 4AJ ,__...,,. riolatlv pnni&lon&ot ll'\1allw PI"'•\IIIN'IAOl '-'*HC:tiW\
1M t'Lriittolat~oUaMd .niCaxY th&nO•zJ.POOll ..!.,...,.......
,. .... ~<llti'K~ ...... A&~ Uath ..lt'd.IIID-
•tJ AD tA ~ &DII .uti• P«JdQtt•
....,hl ..,~ Into \.lit!.....••r.. \n aJ, &:IIU"UWfttf .. PO,_.lOf)..._kii:CIIlN.
n.a.t.. ., ,,..-.rUoi:Lor Lk ....uo 'aJ~ u , rt~ ~lliii "·OrutStairs'\•hta Ulfd In
tiWrt'nf ......f<Jfft:tttcl
f))All .,.._._ _,a.w r'flaU ~Ot.bf'•• Unl~ aat-. MAlasb.Itlao&.,..IVtto-nRko.\al
'"'· ru'lfj,t-'-l t...andtconcll:mnallonet a
'altotor ~lol.\ eUo.. ~Uato man..'tll* a M' U•• Ucut.rdStat Vel"''r.1........_
-uon of aUC"CVI'O .,tM procHdlfrotD uw vatlunPf'VCTI.m aat&NaUan)'lban;rntrkU..m.C'r•
all thr~f .nd tM tflrlt.loor mnfa•Uon uf rfiUiallon,or otNr mruur~ In t-UM punu
Mh torf~llu tlal-appl) to tc!Zurnand for ant lO • muiUiatct&J llrt't!ment•hk:h '* In
!titu.ra lnc:urr.-d,alltJ,tdto baVt' bl!m tn tor« *llh rt-•Pl<to UM- Un1\Mt at.tf'athe<
"UITed.Y1Wrt 1.hlprcn..oot of UU. MfUon, In PloU'POiorWlliC'.hII ClalftW:Ot protrrtOM
Wu u auch orov\tion. oJ law art"appllrablf'> .., ·•h'~•ur« ottbr ..._
\1\4f\0~.ttnl with t.hlll..nkln t 4 "~'h trt •na.n ~ mf·IU\61-a.
nut__... Wid ...,., matrul'l.ll& a.UdPf"'duct.l lhur
fllEnt~ Of lht ProtUilk.aelUlil.t« N ~f'll '-7fahln& ,._... Ittan olft'"ndinl
*' pr.tu~ lbl' W1D•t.nc or~ ar CIMIIIII-~or net PM"kM PiW d Of
WI ProdWU _,.. •G&O•ft' ~ -. 1tw Olt-"'* Pft'II&N'lor nport a.- roun
hiiWd &eta lltW'I 1W...i. ?D,- .t tM ,,. or ...- U&e JwUOttUee t&rnM
~tornWy o.r,.,.,,..,..._., ,,~ nw tifra.._,.f'I'& UOft fiWltn ·
12 T'br )Ydlf'l .LN v•~ &atn lllaU1r1 dMPM ot lh~ lllftWa .........,
..n... aM Vhll.,. etaw. u:.dltrau. -)·. lllla.n.,..lnr1t'ft'Ulal..or oth#r .........
"'-hie thtlr ,_..~ jlllfle(bc tlonn~. ba ,.,,..,.~.~,.. . ,a,m uliD•tcf&l Ml"ft'o
JrOPorr•th or atrlrma.Uoo &hM<tnl probablr laM& "'hlrh'- 1ftt!Cifwith rnJ)trt teOM
*UW. a....""'h •arranta • ottwr p~ .. V"•'f'< l at~ t.rpU~ Ollrl'hiCIa 1.0Pf'O
tr and ""'\\laUON-i~Mffft!df'U,.rf".a rrh.pl ttetfnda l~«d ortbra~ tiH'Mt•or anJ.
I~)An~ Pf'f'l«auli\QI'It.to catTJ' out rn• m•,.
on.·•rntntlrthUI~ hft'ondtr s.b.alhut' lht! tl tTht lrrm W.lldJlfpi'O(II.Imtam' .fl3h
Otitttol"XK'U &'t ..rant or p~ •uofd totll•than lhoN lO -.•11I~hph t4l ap
• kn)'ou~r ...tn•ll'or C:OmJ)t'U!nlturwacbr olt~ nd "'tldanim.all. anpat\6 Hnt'1udtnl
._tor the rnfuf'('lrtlloftllosecuon ,, .. ,t.hueor Wt.tn • ·Uh1n • ort•ndlnr
!4• SUch pe-r.on • au\bortatdAhaJJ ha\f' Uw counlr)' and all producta o! Mf -.hl!tah a.nd
.....,_ W1kSanlf'n...._c-tt ht'rfoof. •htthtorDOt
4At •Hn or •·aU-..ut •••n•t'll or OUWr ""'" prod\KV~~ p~ .• Olhn
~ to .,...,..t,.~ tub~ ta 1tw ~ ... Ytff'OIIt•rdPOl't .. •"rh r<.JIIMn •
~ 111uw Unu..; ... Nat~~UUiftl -..u,ap lh•~ lhnf!OI. Suorh t.nw
.. Na ~., , ......aau.s Gflh.!Sa« ........ tndude aDY eU MUftll Of ,..."
Ut.oor Uw rtCUI&liont .._,.U"..crewtdr.~ .._.b\ or lm.POrted laW!lbt Unllf'd ~
18J wtl.b or ""beul a llnU"nAl or oUwr f111....Wir rewa.rdl
Pf"''C'ea.~wutlt .,.,. """' .,.u.r- con"' tfJ'tbt Ltf'n~\Uift . _...,.._
321 •an• Tllt.J::n f"ORrlfoN Rt:LAliO"iS ANTI (Nl UU''()l'l~t· .... ...
fA I lor Pllfi'IMI•~ IUbM- • a'l(!lOl S...U7.ttc..,.I\Pleiiiii: •U..CLV•n~o.n
thlJlf'l'UCift- Qu!flll.., ..._P\"f•l'r•IU. UI,~ ..&r 'AliA
ran aa ~ u.n lt\ltfiiMw .a.t;x &~f: ._
U IO laraa. haftL put r } ::nl. aAool. 1
•:::md...lrJ'''P tutoart e!'coDf'('t.ot ~~~~ .= ~ ..~ . ....cu.,..• .•
L to alU't!IOILO ;Rlt 1ft.oll'ltutb
conc.ts'dlt; ..~ 0. ~ kUDaa ft ..Otllft tsun.
ant:ma!tao ·~ &n en·~ or::•~ 'nll-.r..JMIii,..,....• OUt &r -.ct~m~.r
lew r::lllut r~ chrflt.f'nMI tJ.111ri~ ..
Dfld.;ar.cl I tr.r Iw.n... • t"fttkrtj,I...
{BJ f« ~ •I ~h I\ &.C7
<~ dn;;::r ~n wl:lpu••NP'\ A 'ftl. ~ iolvratf'd • t11fttrmm • l"r. .,
...lnthn er not tu<ta cou4ua u lrQI undtr JI'V.4 •bl& hI-WI IN' ltliltJ7U•· Srertt. tt
li'H' TWuun tor ,~~'ltn lb_l.lielo"rw sw 1w
th<f l•n 01 U.. elrflhlilllf'I'!UI•''Jr-1..r a.mCJtUttan-n•r.•d hl hbn br u~ 8tat-t ,~ .,
u•rn •lth '"'~ no ILI'•III 1111tmaJ Stllf' undtr eteUvn t97l nf t!lh tltlt• 1,,..
IA\J tl'J. 19.5•• lh1011. II. U &drlt-0 Dft· ~ •rmuthl ur •"' rhtm 01 POtthm thl-not «<lh'ct
It'll ~ L t;a OIIU U .Qll 1U.llrld tunrn.t.-d td by lhr+ 8«r'r'hPJ or::t'•t•rrom u,- 1 '"lin
f'Ub.L.W411.tU.IV tU,b-.21.0· 1~7 ma.nu)' rurtuahl to wrtkla ISI16•a.ot "~to
JIU A2 Stat., 1101 ... J'I 1• Int.. f'\ltlL, •h•U ..., t.po;.n~ Ira uw 1\llhl an~t atoa1 a.
ft.)71_ I' U ll•t 1U Ali' 1!1 lt1P ...b.1.. ., .usb!f'fm IJIIJ>Uf'pOef ofrnm<lrl:It•~
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" .. tJtllt \•)Of! tJ ., S".~£., ' l.li,IIt& tr.r.fn ~ lbfo 1'-".-u --.dr P'Qrt-Q·
aAI.to U'tt.km l.U. bill' (llu,.. t.U. • "
~Urp, ............ I!Dft't.a anJ iiUCb o-=. • UIIID ,U .• tw
n·~tlll'l ,...,,..., ••~ ~d Ur tllll,...S IO ttw ....._- t'eUf: .ct •o.. ~
ff...afW ~ MTI!lll' l~. ~ toftn'd lm.o uw lrt"UU!')' ..f:IW'C'~ ..
c.-Jgta'!"''w-ff.•utMr..,. &o br ~ ,...,
A.11:!313Wa•• 10 IM li.UidII tU-.•.IWm l'U,..._.., lo ..-otW.
1m .. . •ui••I)Lte·U ta--w:• ......lilt lhlU..l np1l&l,.aM 121 IWh ad.14ianat ...._ u
·~·Ult~Wrutl"1~tp tr tl1 ..t1
·~~ 4<~ ,.,. L .. tl I loa t II' .Jd..,. -· w n,.tun.ti111rr~ ~~:: tot·l Uu-ao~.. lh
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.. J~ .,••• , ......_" ·•·Ifl ....J. ......
l"tH l!obiiOI111tr.::,.,1 u 1•• lhro '" 'bl rr 'Au1 27. 1U4 t'b llHif,t t, ... .-.W.Il I ~~
IPf'l"l h •tf Ut72. P"b 1. ll Mf I I. 86 Sta,! l ..Q I
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~a\AUIII~Uiil't lit....... , lJIU .. dl' t),.•..-oqDUI
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U• f,_..._,_.,otl'f~ llllpart.aUDol Ola~ of tiM-u.:::..t ...,OftVI"!'tllc • odt.n0.1 Jl
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a.t.d 1:111•1,...1, f•lliot•ll... f•h prod~· 111 Th• lf'tml ,...... ,,-t..,h..-or rnt::wna
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tw Ant l~·ll.,....;rW" tar)··a.'tCI,,...,of the \Jft1tfd 81a1CIJ' thtiD
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u...d~ .........~.,t-.1!"......s .......,._.. Uw l ,....., ,.,.-·~ pa:"' mn!ll .,
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•n fat' Uw .. ITJ'Ins '".r ~ llftl'raNt
,... . "'" tq • J.ahtnc ,,..., •h~bf•r .-: '"'"JI
a .......•IV••• t"Q".Upml'nt or appw\fttatlt't" .. &I~ t•
l'I'IU.-.1 P.a~aar..atn •tn~ fill' MJC'ft........
l."at!-N.,rattt~rnut~ lll'~..IM•-I":'o.~nol J)J The ll"tm hand II'W'&Nth• n-111111
""t• t"\.C L t.l t.1&, 'tI\' I lt'I:JT-.~2 If. \'f"tM\•nd O..ar o~rn C amom"a&tltth fVI'
IK& U IIUt Iill ... ~_. U •U311Ft -a I af nlat:lllttl!"vnd•t 1Ublori"U4'1hd!tt lhU If'("
til~ II J•MJrlaf) IllJllf~l Pt.-..,hl"' tton
322Annex 72: Government of the United States, 1979 Packwood-MagnusonAmendment
to the Fishery Conservation and Management Act of 1976, 16 USC § 1821
UNITED STATES CODE
1982 EDITION
SUPPLEMENT IV
CON'rAlNLNG THE GENERAL AND PE.RMA~ Nl- .'W1' OF
1'HP.UNITED STATES, ENACTED DURING 'PHE
98Tn CONGRESS AND 99TH CONGRESS
J•r,Jandpabli..hatom~·~,t:~1~ ('Wt·.~~"h.
t1hr<lf-llu·l.a" "'"'i-othf>Uol.llt'of Jt,.,,,,.._r.nall\eoi"
.JANlJA.RY ln,1983,TO ,TA.NUARY 5, 1987
VOLUME TWO
TITLE 11- BAl\lrRUPTCY
TO
TlTLE 18-CRIMES AND CRllUNAL PROCEDURE
l'~ITSTUTES
GOH:H'\\IEIR:\TTh"GOHH'b
\\' \!-111:\0TU;\ : J9i<i
323 Paae 715 TITLE 16-CONSERVATION ~ 1821
Allr.fl>Ka!TS Sttnol< RU~n~nl lou• Oruu S•cuo~<&
I8811-Par.!4), Pub. L. 99-ti.~ I112, In provi&IOII$ ThiS section I• referred to In sections 173. 1021. 1812
UJ1der headlna "MoUuslui" substi tu te"A.~rtlrl1ln· 1827 ol t.hltitl Ut~i46 atctlon 12101.
dla" for "Art lca lslanc!lca"and under headll\ll
"Sponres " substituted"Sponl!1a chelrla" forHJpplo· § 1812. Exclwtlon ror hlrhl,mlgnltory apeclt •
opo~ rana.llculata".
P"n. <6> ""!81. Pub.L. 99-659. 11011a1.addec! par. The sovereign riRhta Md exclw;lve llshery
!8),rec!W&nt.t-ec!former panCOland C71u C71and !81, ma.nagemem authorlt asserted by the United
reol)C>CtlveJya.nd struclc out lormer par. !8) whJc:hdStates under section 1811 of this titleover !Ish
llnec!llabcry coNervatlon zone" u the ft&hcry con· do not Include, lllld may not be construed to
t.ervaUonzoo~ enabllabed by -tlon 1811 of thb Ulle extend to. highly migratory species or £Ish.
SICtl OI'R.anluiD '1'D<0ncD SliCTIOl<& <As amended PUb. L. 99-659, title I. t lOI!b>.
No,·. 14. 1986,100 Sta t.3707.1
Thll HCtlOD II n!lerrtd to In HCUOI\I t17&. 3377,
3801 or thla titltltk 22 sec:Uoru tnt . 1980; title 46 Aloa<DWL'<TS
App. uetloo 12'71. 1981!-Pub. L. Q9-858 amendec! seetlon aenerally .
Prior to amendment. uctlon rtad as fallon: ''Tb"
SUBCHAPTER D- UN1TED STATES Unllec! States shalnen:tu exnlual<e lbhery manace
RIGHTS AND AUTHORITY REGARDING menl authority. ln the manner provided forIn thlt
FISH AND FISHERY RESOURCES etulpter. ovethe lollowlng-
"!ll All llsh within the flAshecoru~erva tone n
0 1811. Unllecl States roverelrn rlchto to n1h nnd noh · "(31AllanAdrOmoua •pecloa throughout the mlrra ·
try mllllagtmenl aut.lwrlty tory ran11eor each such IP«IU beyond the fbher y
conservalfonum~: exoept. that. 1ucb mA.ll&.iem&U·
tal In the uelwtln economic zone thorlty shall not exttnd to such apeeles durln&: Ule
time t.hey are found \\1thln any lon!IIJ11nation's ter
Except as provided 1n section 1812 of thla rlt.orla.la or flabery conatrvaUon zone tor the
title, tbe United States claims , and wlU exercise equl\'&lentlt<>the e~nt t.hat such sea or zone It
In lhe manner provided for In this chapter. sov ~d by theUnited St&\.8
erelrn righta and exclw;lve fisher y manaaemenl "(3) All Contlnenh.l Shell fi&hery resourcea
authority over Rll fish , And all Continental beyond Ule fuhery -tvatlon ZOM
Shelf fishery resour~ e slln the exc!U8Ive
economic zone . SJ;cnolJRl!ftlutat'1'0"' ()ncDSr:crtOl<S
(b)~7ond the uciWII•t «Onomlc zone This HC!Ion b reterrec! t.oln Hctlon 1811 of thlt
title .
The United States claims, and wlll exerclse In
the manner provided for In Lhls chapter, exclu § 1813.Omlntd
sive fishery management auth ority over the fol·
lowing; COOIP"ICAnO K
Ol All anadromous species throughout the Stc:Uon, Pub .L.94·285, Ulle 1. t 103, Apr. 1!1976,
ml&ratory range o! each such species beyond 90 Stat. 336. which relatedlo exclualon of hfwhiYmJ.
the exclusive economic zone: except thllt that aratory spedes or !Ish from ucluafve [lahery manage
management authority does not extend lo ment authority, wM omitted In tl\t general no\'tslonof
lhta subchapter by ~etlon IOI!bl or Pub.L. 99-659.
any such species during the Umc lhey are See HCtlon 1812 or thtauue.
found within any foreign nation's terrltorle.l
sea or exclusive economic zone (or the eQW\'a· SUBCHAPTER m-FOREION FISRINO
lent ), to the enent that that sea or zone Is AND INTERNATIONAL FISHERY
recoanlzed by the United States . AO.REEMENTS
121 All Contlnenl&l SbeU flsbery reaources
beyond the exclusive economic zone. I 1821.Fo-.elrnf!IhlnJ
<As amended PUb. L. 99-659 , title I. llOl<b l, (a) lnpnual
Nov. 14, 1986. 100 S~.. atnoe.>
Alter February 28, 1977. no foreign flshlng Is
R.........,.111 'IUT authorlud wlthln the exclualve economic zone.
or for anadromous species or Contlnenl&l Shelf
This chapter, rererrtd to ln text . wao ln the orlttnfishery resources beyond the exclualve econom
"thla Act", mean!Qi' Pub. L. 94-265. Apr. 13, 1976, 90Ic zone, unless such foreign flshln g-
Slat. 331, u amended, known u the MatrnUJOn Fllh ·
ery Conservation &od Manal!emen t Act. which Iaclu rseemain edition /or tut 0/Cll to C3l:Cbll
alctcd l>rlnC!Iptolthis chapter. For complete <!111118·11
calion or thiAct to the Code, sec Short Tille note set(cl Governlnr InternationalOeher1 arreemenlt
out under section 1801 ot thtil l~d Table a
Foreign llshlni described 1n subsecllon Cal of
Ala!nl>m<rl thla section may be conducted pursuan t lo an
1988- Pub L. 99-659 amended section rencrally lnlem atl onal fishery aareement <other than a
Praor lu &mendment, secuon read u folluv:a. 'Thtrc 11 treaty ) whlc.h meets the rt>Qulrements of this
ulablllhec!a sont contl«uowt to the t.errltorltoeof subsection I! &uch a,rreement becomes eUectlve
the Unllec! Stal.e$beoknown u the fl£hery OOnt.eMA· alter application of section 1823 of this title.
liOn sone The Innerbound&ry of tb• llaht ry oonaen'llAny such International flahery agreement shall
lion .one I& a lice cotHmlnowt "lth tilt ~a.,·a.rd
boundary or each ot the coutal Stateo, and lh• outer hereafter 1n this chapter be referred to as a
bounc!a or~&uch zo.n 1s a line clra...In such a 'IIOVeminfl International fishery agreemen t".
maMtr that each I)Olnt on ll Is200 nautlal mllu Each govemlntr lntematl onal fishery agree
from lht buelln• rrom whl~h th, terr11.0rlal aeIa ment shall e.cknowled&e the exclusive flshenr
m!:uurecs.·• m&nagement authorlt)' ol the Urtlte<!StateS , as
324 TITLE ls.-.CONSE:RVATION PUI!t' 'llr)
s~t forth In thl~ rhapter It Istilt~ens~ of th• (H .\Jln~M ufiilU"nblr 1•><1
Conirl.'!i.5 that each 'uch agr.,ement shall In· cl)I,\JThe SecretBrY u1 Stat~ In.cooprrathm
duo~ a binding commtLment. on lht'part 01 with the &?cretan mar make alloc~<t luton•
such lorelvn nation and lu f~Sb1n ve~~lB t. foreign natloru; !rom tbe Iota! allov.·nhle lew; of
eom ply v•lth tht.' lollowlnA lcnns ana c•mdt forcllm flshtng .,hiol1 Isp~nnJ LIed vdth reapt ct
to ~ach fisher> subJect to the exclu.•l\'1'flshe'>
tlo= man&itment authorl oft~ile United StAtes
IS~ r om tdlllon for tt.rt o/111} See 111011rdlltot. forLr.zl u/<8'lutDll
'2l'rhl'!orel~mnat aidonhe ovmer or OP· <El ThP. d~Lennlnatl o<Qs.utrt'llto br mad•
frator ol an) fU.hlng n•s.sel ftshlng pursuant llllder subparagrnpt_s (AI and 10)(11),and thr >
to such agrP~mPn wil.abldt by thr ~quire· apportlonm~ r!Qluln"d to bemade under 5\J
men! that pBrai!T1IPh CC>.with respect tu 1!orclrn nalln1
xhaU be ba..ed on-
lSu ntatn edition/or tul oj(AIIo (CJI (IJ whether. and to what extent, "'ch
naUon Imposes tartrr biU'riers or I'IOntarlfl
(01 Onltl)d States obienl'l'll rt>Quircd
under subsection <llof tIlls section be per· barrl"rs on 1hr lruport..<Uoo, or otherv.l$tn
mJtted to be nauoned AboiL!'dany su~h strlcts th" market acccs.'i, or both United
States fl"h and fl3her:; products, particular!} '
vessel and that all oflh~ costs Incurred lncl· fish :utd fishery products for ..,hlch lht' lor
den! to such Mauonln ll. lnchtcling the eosta <'llm111\tlonhu rf"Questt"dan allocation:
or data editin g and entry and obsen•er mon <Ill v.hethrr. and to what extent, such
ltorlng, be paid for, In accordance 'llolthsuch nation Is cooperallnll with the Onltrd Stat to»
tubsectlon, by the own~r or operator of Ihe In both the advanc.,mPnt or existing and ne
vessel, opportunities lor rL~her lreor's !rom th"
United States through the purchase of rlsh
ery product& from United States processor~.
[See main tdtlion for text of<f:lto<Gil and 1he advancf'ment of fisheries tro.d•
and will abide by any oth!'r monitoring. com· through thl' purrho.se of fish and fisherY
vroduct" !rom United St&t"s tlshennen, Pill'
pllance, or en!orcemeru reQuirement related tlcularh' !ish11nd flshrry products for 'llo'hlcll
to !l$hery conservnllon and manavtment the forei(1D nation hAS rc-que•ted an alloca
which Isln.,luded Ill such asneruent. tlon.
ISte main ~dill or te.to/ I31 ond 1411
tSu mattr cd1tion for lertof ctttll
ldlTotalolluwabl•lntl of lo"'llfll n•hlnr tvl wlletllPr and tf) what extent suet>
nation reQuire• the fish harvested from the
ISu matn tdilton for te:tof tJlto rJ)J exclusl\·e economic ~one for lt.a domestic con
sumptlon,
14l If with respect to an)' harvestlntr seabon
for any United States flshen· for wh ich the ISeemat11 edition/or tnt oJ<vllo cvu(), CZ)J
tot&! &llowable level of foreign f!shlnll Ia deter 10 Foreign allucatlon rtpon
mined under paragraph <2l<Bl, the Secretar)',
In ronauitatlon with the Secretary or State. ap. The Secretary and thP Secretary or Stat· •
proves Ihe determination by an:; appropriate shall prepare and submit a report to the Con
rtshery ma.na11ement councU that any portion lil'CSand the President, not lr.ter than Julv 1
ot the optlmum yield torthat har1·estlng~ason of each ~·ea srLling torth-
..1u nulbe harvested by vessels or lhf' United
!SPt main edition/or te:to/<ll and <21, <gl o"d
States, 1he Secretary of State. In accordance (/Ill
wlfh subsection tel o! this section, ma)' allocate
such porUon for use during that harH•stlng tilrull obse<"·nco•eraa• proiiTI'm
season b) loreltm !l~hln vessels. except that tll<Al Except as provided ln paracraPh t2l,
lf- the Secretary shall pstabllsh a proan.m und~t
.,.·htcb a United Sta tes obsen·er will be sl'
ISee l"lui"cd•lton tortext a.'<Ala.ud IB .J tlonec! aboard each foreign flshlnll \'es&elwhl1e
then such portion or part ma) be aUocated for Ih&t \'P<StlIs en11aaed In fl3hlnll within IheP.~
chu;l\·e economic zone.
us~ b) forel llmhlna l'esselaIn such succerd· 1Bl The &?eretar>· shall by re&uiatfon Pll
ll\1 harv~tl meason. The determinations re· ocrlbo: mlnrmum health and satet>· 6landa· •
qulred to b~ made under subparagraphs <A1and thM shalf be malnta:ned aboard ench forclrn
IR of l h• n..,.....tllnP sr•ll~hnl 'n rnPdc h• 'J }"!Jnt•.,. t ·:"1 ,. tlt, h\:.L: .vl
1hl' Secretary In coruoultatlon with the Seore· \ided for the 4U&nE>rlnllof, and the c&rrylnv
tarl' of Stat .. and on the basiof &fl\r~•comen· our or obaerver runctlons by, United Stath ob
tl~<l lolanv appropriate llbhen• management seners.
121 Thf' ti!QUIN!!""nt In J)lr&IIT&Ph•I· that a
I'OUnclt United States observer b•: placed aboard eact1
torelt:"nlshlnf \'f'ssel mR> be wahed by the- Sec ·
re•ar· II he finch that-
325 Page 711 TlTLE 16-CONSERVATtoN ~ 1!121
CAl In a situation where a neet or harvest §404<1). <21.No\. 8, 1984. 98 Stat. 3408; Pub . L.
Ing vessel.!! transfers Its catch taken w1Lhln 99-388, tlUe II ,§206Cal. Aug . 22. 1986, 100 Stat
ftu: exclusive economic zone to Mother 823; Pub. L. 99-659, Litle 1, §§ 101Cel<21. l03Ca).
ve~- •.·aboard which Is a United States ob· Nov 14, 1986, 100 Stat. 3707.3708.1
servt<l',tbe stationing of Onlted Sr.ates observ
ers on onl~ a portion of t.he harvestlog vessel Rrrunrrs U< T'nT
Oeel v.illprovl de e representative sampling of
1'hllichap~ot rtlerred t(lIn subscca. tel . tdlt21CAI,
the by-catch ot the fleet that is su!11clenl for •e!C2lCC>cltn. Chtmd !llC3l, !fiiC..-as Inlheorlgtnal
purposes of detennirung whelh~r lre reQuire· ~tAt.aaA1 u:ean·u~ndtPuknoo.:'ta.~thf'MJumusont97Fi.o~;b
ment.5 of lhe applicable mn.nngem~nt plaru: cl') Conse!'Vlltlonand ManAsnmrnt Act. which Isclas:
for the by-catch speeles are belng complJed stlled prlr>clpally to lhb cbiLpt.er.eomplct classlfl
with; ee.Uoo of tills Act to \Cod~. ~~eSehort Titlenot~ .set
tBl the tlme durtng which a foreign tlshlng out under .section t801 or th!B title t.nd Tables ,
ves.~ wil engage In fishing wlthJn the exclu
sive economic zone wUJ be of such short dura. AMr.nr>RNTS
tlon that the placing of a United States ob
server aboard the vessel would be lmpracticaJ ; l986-Subsecs . ""· (e)C1)1Eitlvl.Pub L. 99-659,
f tOHclC2l. substlwt.ed"exclu.&lveeeonornle •.one" for
or "luh~r yonservation wne" tntwo ptru:es.
!See main edllf.ofl/or /e.tt O/\Cl , CJltoC5ll Subset . (t).Pub. L.99·386 •ubstltuted ''Tho Seer,..
tll.and the Seerer.a.r; of Sr.a.wshall''for "The Secrc
16) U at any t.lme the requlrement set forth In lary of the Treasury . In cooperatllln with the Secre
p&.J"'lgTaph Cl' cannot be met becaus e of lnsuJO· tary and the Seeret.a.ror St.Aw.shall" .
clent approprlallons, LheSecrel.ary shall. In lrn· Subsec. (1)01.Pub , L. 99-659.U !Ot(cl(2l, 103{a)(ll,
plcm enting a supplemenlo.ry obsen·er program_ t2l. deslanatedexlsuna provlalons assubpar. <Al.sub
•AI certlfy as obsen•ers. Corthe purposes or •Ututed "exclusive economic zone" for "Oshery censer·
VI>Uonzone". and added aub!lM. tBl.
thlll subsection, lndivldualll who are citiZens SUbsec. CIX2lCA). Pub .L. 99-659, i IOI!cl(21, substl·
or nationals of the United Sti!.Ces and who Luted ''exclUJII\'eecononllr ?.ontor''fisherY con.&e.rva
have t.herequisite education or experience to uon tone".
carry out the functions referred to ln para· Subl.ec. (1)(2)(8). P\JL. 99~59, l103!~XS tJnended
graph <3); subpar . CBIaenor..Uy. Prior to amendmenr , subpar. IBJ
IBI esiabUsh sLII.nda.rdsof conduct for certl read as follows: "with te4pect to any forelan flohlng
fled observers eQuivalent to those applicable vessel whDe It 14engaged In tlshtog within the Oshery
to Federal-personnel; conaervatlon z.on~
CC) establish a reasonable schedule of fees ''ell the Umt during which the vessel e:n8R8e4In
that certllted observers or their agents shall auch fahlng wW be of ouch ohort dutiLtlon thal the
claclng or a Unlted Stt.taobserver aboard the v~l
be paid by the owners and operators or for· would be Impractical. or
elgn tlshlng vessels for observer service..•: a.nd ''CUIthe llldJIUes of the vessel lor ~he quartering
<D> monitor the perfol'lll4llce of Observers of a UniW!<ISt.Ateaobsi!J'\•er.or lor the carrying out
to ensure that It meeta the purposes o! this ol observer functions . are so f.nadequate or unaafe
chapter. that the health or safety of a.tlobserver would be
Ul Recrentlonai noblng Jeopard lud; or"
Subsec. (J),Pub . L. 99-859. IIOilcK21. substituted
Notwithstanding any other provision of this "e xcluslvPeeonomto •.one" for "fishery conservation
subchapter, foreign fl.!!hlng vessels whtch are zone•·.
oot operated tor profit may engage In recre· 1984-Subaee. tdX U Pub. L. 99-623, I 4040 l, aubstl ·
ational !lshln8 wlt.blll the exclusive economic t11ted"r~oo ylllocate"lor"shall allocate " to prov!J>Ions
?.one and the waters within the boundaries of a llrecedloisubpar. (A; .
State subJect to obtaining such permits, paying SUbsec. <el(I){A). Pub , I98~23. t4Q4(2l!Al, substl ·
$Uch reasonable fees. IUld complying with such tuted "may make aUocatlollB to !oreliiD natlon.!i from"
for "llhllll det.ermlne the llllocation among lorelan ns.·
r.ondiUons and restrlct.lonsas the Secretary and Uo111of" .
the Governor of the Slate (or his designee ) Subset:. \el!llCEXIl. Pub. L. 08-623, f40412>cBl. sub
shall impose as being necessary or appropriate atltuted "bolh United S\&tes Clab Md fishery prod·
to Insure that the fishing activl .tyor such for· uct.l'' for "O n!ted SLilta flab ur fishery produots " a.tld
elgn vessels wlthln ~uch zone or waters, respec· lnsert<>d ". particularlfah and fishery products !or
tlvely. Is eonslstent with all applicable Federal ••hlch the foreign DILlionhas requested an ..Uocatlon" ,
and State Jaws and any applicable fishery man Sub4ec. CelCllEI<IIl. Pub . L. 98-623 , t 404(2l!Cl,
agement plan Implemented under section 1855 amended provtalona generally, thereby substituting
of this title. The Secretary shall consult wt~h 'In both the advancement of exlsttna and new oppor·
tunJtles lor !l.aberles exports fromtile Unlted States
the Secret.arY of State and the Secretary of the throu 11hthe purohase of fbhery products from OnJtcd
Department ln whJclt t.he Coast Guard Is oper States procesoors, and the advancement of tlsherle;;
ating ln formulating the conditions and restrlc· trade t.hrouah the purcl\aae of ftah and fishery prod·
lion.< to be applied by the Secretary under the w:ttr from Unlted States fishermen. panlcularly !Ish
authority of this subsection . and fl•hery products tor which the foreign nation has
requested an allocation " for "In the advtmceroeot of
tPub. L. 94-265. Litle II. t201. Apr. 13. 1976. 90 exlnlng tmd new opportwrlUe.s for fisheries trade. Pa.t'·
Stat . 337: Pub. L. 95-364, §4(1}-{4), AU!l. 28, tfcularly through the purrhose or lfah or lbhery prod·
1978. 92 Stat . 519, 520; Pub. L. 96-61, § 3!&1. uct:o!rom united States proces.•ors or from Unlt.ed
Aug. 15, 1979, 93 Stat. 407; Pub . L. 96-118, §5, States ll.shermen•·.
Nc.v. 16, l979, 93 Stat. 860, Pub. L 96-561, rJr.Je t983-5Ub&ec. <eX2XD). Pub. L. 07-453, t 2\a l<It,
U, H 230, 23l<al , 236, Dec. 22, 1980, 94 Stat. amended par. IDl geoeralb·. substltutll\JI"Onlted
3296, 3297, 3299, Pub. L. 97-453. t 2<al, Jan. 12. States observers required under subsection II• o! lhl>o
section be permitted to be stationed aboard any $UCh
1983. 96 Stat. 2481: Pub. L. 98-623. title IV. vusel and that aU of the costs Incurred Incident to
326Annex 73:Government of the United States, Subcommittee on Human Rights and
International Organizations of the Committee on ForeignAffairs, United
States House of Representatives, Review of the 34th International Whaling
Commission Meeting, (16 September 1982) [evidence of Mr John Byrne,
United States IWC Commissioner extracted]
REVIEO WFTHE34TH INTERNATIO WNALUNG
COMMISS MIENETING
HEARING
SlffiCO~Il ONHUTEANRJGHTS
ANDINTERNATIONAORGA}.'JZATIONS
OP 'I1B
COMMITTE ONFOREIGN .AFFAIRS
HOUSE OFREPRESENTATIVES
NINE.SEVENTHOONCRES.S
SEXX>SESSiON
SBPTEMBERIG.1982
IJA. CO'r•llOITQO
u..0 wAS~n1'fll2
327 OOMMlTTEEON FOREIGN AFFAIRS
Cl.EMENT J ZAIIL()(,'K,J W'.....a....,_,
I.tL I'OIJN'l'AIN, North C.tohna WlLUAM S.BR()()Mf'IEIA Michigan
DANTE B. PA~.I. l'lorida EDWARD J. DERWINSKJ, Ulioob
BENJAMINS. R6S£NTFLAI.N... YoriJ PAUL PINDLtlY,llllnolo
LEE B. HAMILTON, lndlnM LARRY WINN. JM.~
JDNA'I'HAN 8. BINGHAM, Now York BENJAMIN A. GILMAN,New York
GUS YATRON, Pennoylvanto RDl\£11'1,'J. t.AOOMARSINCalifornia
STEPHENJ. SOLARZ.New York WIWAM F. GOOOUNO, Peonoylvonia
DON BONKER. Wubington JOEL PRI'I'CH.AB.W ~o
GERRY E. STUDDS, M.....h.,..LI.t MILLJCI!NT FEN WICK, New Jel'lley
ANDYIRELAND, Florida ROBERT K. DORNAN, C.Ufornia
DAN MICA.Florida JIM LEACH.Iowa
lllCHABL D. BARNCi, Maryland AR!..EN&RDAHI.-
!IOWARD WOLP& tlli<hfcan TOBY RO'I'HWioconoin
OEO. W. CROCKETT , Jo.. Michlp.> OLYMPIAJ SNOWE.M.,,.
BOB SHAliiANSKY, Ohio JOHN LIIIOITI'IUJERNew Vorl<
SAMGEJDBNSON, Connocticut HBNRYJ . IIYD£. IIJinola
MtRV'IN M. DYMALLY. C.JifOrnoa
DO..'INlS8. tl(:KART, Ob10
1'0M LAN'I'O QSll!omlo
DAVlll R.BOWBN, Miloilolppl
JOuN J.8lt.ADY,JrCll~ ufStoff
SHtiJAY DAWiON SUJ(fAailtranJ
SUIICOJrnfrTrUON RuMAN RIGu:rs A.......-fo.:r.lT&a."fATtOHAl.0&GA.HJZAnO.ss
DOS BONKE.R. W~ """"'""'
BENJ.utlli S. ROSENTHAl. New Yorlt JIM LEACH, Iowa
MICHAEL 0. BARNc;. !oWylaod JOHN LIIIOITI'IWER. Nw York
SAMGEJDENSON,Coonecti<ut JOEL I'IUTCHARD W ""'""ctno
MERVYN !IIDYMALLY ,Cnllromla HENRY J. HYD!. Ullnola
FARIMNU:S. l'',uou. SubrommilStolfO."tCI.or
CVJ.rnuA0.SrauHGxa.,Minor it~/f CoMullanJ
C. out A. CttuHtuca,ubcommiilet Staff AUOt!ltJU
Hor.LYJ. Uu tUtHAJ.Ttltt, Subet>mtllf~&totlotf
HJJ
328 CONTENTS
II'ITNt:SSES
Ron John \ HytrwAdmmtslrator!'lohon~:tnica-d AtmospberK: Ad
mm•stra110n , and US Commi$.Sionnt~mati• o allg Comnui- ··-
StOn .• .•...•..... . •...... .....••._..., ..... .. .•
Crai Vnn No te. (•xt"CtHjvt·vief' pres.... ·-·····-·--··.•·······... ,
Phoebe Wruy.r(\or consullAnL,ror1\c;tiun on Endangered Specie&.. ,,
Fran LtptSCO.cx-ttfor Animal P..to~btll• ......,.......................
MATF.RJALSUIIMJ'ITEO FOil 'I'IIE RECORD
Trip l'eport o~thhlmernulional Whut:'Onlnlim~tin ...............,
'rcxt SJ)('Kh Robbln8.1rstomndc01 Ih~l. lnetnltionuWhnlin,;
41
CommiM10nmeeltnon July 21~2 ... ... ... . '"·······-···
APPENDIXF.S
1. Provuunnal lll(othe 34th lnternauoWhaling CommlMIOm<-~"l·t
ingJulv ltt·:!t...2···-····-······ ...............,.___,__79_ ..,
1 Lett f~1'dJunr2.l9ll"l.,to PrtRugPn.tsi.:ned by 6-Smemlx·ra uf
t.bBou~o·R~prPSen' Us..i\. . ... ........ ............ .......
3 Lctlcr' dated AuKU1419~2L.Huh Malcolm Baldrige. Set'rel.'lry of
C::tntr?I, rn ft4iSenators ............................. .XG, , .................................. ,
•1Le11erdoh.•<lSeptem bct 13. 1!)82,to Subcommita-c Chfro111n Bonker
Robb~mBuitow,votnt~texecutivdiru( 'Uth'ronnecticut CctaceHn
Soci(•ly ' . .....,............................................... ...................... ........................................ ...
U.Outll;lw Whnlflra. I!) 2 .................................u:1.......................,,.................................
6. Text or Arhcl(l!t.mtitlt.>d''Kore3'!'1Illegal Pm Whnll;!Hunt," published iu
<>utlaw Vlh,&leri. 191:-.2...... ,--·.............. ..,.......-
;_ Tf'xt o( inL• withR..Cambell. St--cn:tnr), lntemWho.hnM
Commis.onrt11arding tlw changil'\gtheIWC..... -· ·_--· •
8. Tablpre~n' )ftheCom~~ Ik(MU1m~ n commen::ial caleb hmil&
establi>h<d ul th• J ul) 191'-l11•C m. •• ...·········-·····-·
9.i;,~~ s\. ~~:~~t~d ~~·u on mot~ n~t.~~~ ~::~~ ~100
Ill
329 26
STATEMENT Ot' liON. JOHN V, BYRNt;, ADMINISTRATOR. N.~TIQ)o.
AL OCEA.I\'lC ANO AT~IOSPHF.A IU)CIISNTR.~OT:I"AND U.S.
COMMISSIONER '1'0TilE ll'o'TERNATIOXALII'FJALINr. COM~ ISJ.
SION
Mr. BYRNM . Thank you, Mr. Bonker.ll is a plealluto be here.
I think that before l dis.:USIIte~tn iym,L really should say
that it waa a pleasure to parlicipaw on the delegat.io1great
many very dedicated , very competen t people. l thlnanwfelt at
the conclusion of the meeting a sense of satisfaction,havill8
achieved anumber of our objectives, and I want to go on rea.sd
saying that I apJ>reciute the efl'orts of all of those who were in
volved.
It is a plcusure to be here to present oommentli on the Whalill8
Commission activities.
1 have o prepared SLiltement which ] would like to include io the
rocord, I will just Sllmmariu it at tho• tJUiut:1 wiII respond to ques·
tiom following the statem<lnL
In one sense we have uchieved u grea t dool. h is ol110very obvi
ousto me and I thinkto those of us who were at the llUleting that
there is considera ble work that ntodbe doneto insure thn t the
obJectives achieved in Drighton will, inbeim plemented.
Before the Brighton meeting I had the opportunity to visit with
dures for estoblis hing whale sanctuaries. nnd the creation of an nl>
originul whatina management !!Chcme. Essentially all of these ob
jectivt'S were achieved at the Brighton meeting.
I shoul d point out, however.hnt this was not solely u U.S.
ach>e\'ement. Over the post several year• the UniteStows has
been acting in the company of n number of expert. delegntions who
are devoted to tbCSJame goals and objoctives, ond it wu a collec
tive effort that succeeded in Brighton .
Ourin~t ntxt few years further nction wibe required on the
part of oil of tho nations attemptoachieve those goals.
'!'enears ago. as you poioted out, we first proposed the morato
rium . At that time tbu IWC will! significantly different than it is
now. It bas increased in membership . It has increa.ed in scope. I
t.hinkthe character Bnd I h~ qualityof the membershiJI has
changed. At the preflent time the vaBt Dll\iority is e;senLiaUy a
whale conservation majority , and I think the resu lt!; of the recent
meeting demoll8lr3te !but.
On July 23, by n vote of 25 to 7 with 5 countries abstaining, n
cessationof commercial whaling was adopt.cdto Lllke effeo.sof
1985-l)Gfor the pelagic Gnd 1986 coa!rtal whnling seasons. The Com
mia!lion's dcocision was taken with the understandithat catch
limits will be established dur ing the 3-year transition period, In ac·
cordance with the recommendatiom or the Scientific Committee
oncl the provisions of the curre nt management proceduNl!l.
The postponement of a morotorium for 3 yearswiU provide the
whaling indw;tries in affected notions with the time needed to
ceasetheir effort. in whaling in what we hope will be un orderly
fashion .
The cessn11on,asitt& called. is to be reviewed1990 to deter·
mine its effect on whale stocks. l am oubmilli n., .ur the record
330 27
1.3bles which rcnect th~ newly estnbl ishlod c."ltch limiL> and the
trend in catch limits.overtime 1
I think lhut we face several challeng i'Sin the ne~tyears as we
attempt to implement the morHlorium. Onu is to maintain the in·
te~:r oitheylntemalional Whaling Commission . 'rhe S<"condis to
achieve the cessat ion of commercial whaling, which WtUI passedin
Brighton . I suspect that the aJTected countries ma,y very well file
objections to the decisions that were mode. As of today, it ie our
information that no nations hnvc liled objections .
The deferrnl of the cessation will serve to encourage the whaling
countries to continue to participate on the IWC as the appropriat e
forum for whale conservation . It will also make it possible for us to
maintain the dialogs and to exert innuence that we believe will be
es~Wnt toiaclieve the cessation at the time projected .
With respect to sanctuaries, there was substantial discussio n and
effort at the IWC meeting to establish guidelines for creating Hnnc·
tuaries. The prime objective set forth wns to identify nrens in
which Individual or groups of whnle species would be prok -ctt..>d
from whaling for specified periods ol'Lime in order to insure the
long term conservation of whales as wt'll us to enable utoconduct
research and collect informati on in o syste matic fashion .
The guidelines will be used to review proposals for sanctuaries
which mny be submitted to the !WC In the future.
I might mention here that this was on item which was discussed
in a very intense fashion . There was cnnsidcrable concern on the
part of muny nations that the IWC would impose pressure on them
to develop sanctuaries in their own coostol waters. There was a
strong exp ression of the right of the coostul nation to maintain ju·
risdict.ion over the wators off i\8 coast, und so althou gh the sanctu
ary issue may at one time seem o rather simple issue, it in fuct
turned out not to be so.
With respect to the aboriginal subsistence whaling scheme. we
again were successful in having a syst.cm established which would
provide manngement principles and procedures to govern oborigi·
nal subsistence whaling. This formally recognited the distinction
between commercial and aboriginal sub5istence whaling . These
guidelines codify the IWC's prnctioe of attempting to strike o
proper balance between the needs of aboriginal people who depend
on limited whaling to meet •ubsistcnce cultural and nutritional
!leeds,and the conservation needs of the whales .
The guidelinl"' require the management of such hunting so as lo
provide for lhe recovery of depletLid whule populations. The Com·
mission ug-->d to establis h a standing subcommittee of the Techni ·
cal Committee l.oreview aboriginal subsiste nce whaling needs nnd
provide this information to the Commission in much the same way
that the Scientific Committee provides il8 advice.
l should point out that in the activities ol the Brighton meeting,
the Alaska F.akimo Whaling Commission contributed substantially
to the. effort. and weregnrd that p..1rt.iculur Commission as essen ·
tial to the implementat ion of the scheme as it pertainstooborigi·
nal wholingolong the North Slope of Alaska.
331 2S
Thef s one fundanwntol condu,;.ion lhat J pen10nully came to
dunnl(the coui'IK'or thr meeting: It was that ttlthough ,.. achieved
significant atridOJSth~ IWC meNing, the ciTorts no><'<lw l really
arhlcve a moral<lrium willmke place out.<idc tl" IWC forum ond
during the Limobetw11<1m11eetings.
For thi£ rca."'n,w~ hnvu taken scverul nctiono since the July
meetin t~ prepnro to implemeDt the morntorium Wothin my
ogency. "" bave desognn M r. Dean SwantOn to il'rve w. the In·
u>nwltonal Whnltng Commo<Sion aooniinawr. ur lieutennntto me,
in continuingto pur.u• uetiviti"' on ~lar bud 14achi.,·e the
moratOrium.
We regard the COOptration or all countnes that are currently
IWC members as ~nual, not only th06e thamay bo e~.. ned as
th" conservation oount riCll, balso the whaling countries,ifw•
ure toachievethl'leeuation.
I ha\•C pei'SQnally writlun IO\I.flr$"' ull or the IWC Commi&lion
crs,regotrdJ""or their pcl81tionon whaling. lndicotinKtnoc<l for
eontin ued cooperation. strC8Sing to those coMervntlon·mindena
lton., that it •• es!M'ntlol thnt they mointotheir activity le,,.l
within the IWC, and lltressing to che wholing countril'8 thot it i£
our \·ery ierious anlt>toac-hieve the moratOrium and \o use lhe
tools availabl14us 14 do that
I do not expeclany &!¥ntficant changes in the membon.hip oIhe
IWC over th" ntxt year or 110It is my ho~ that ~ny changes
"'ould bean one..- on the mernbuship rothcr then a decrense.
Tlw malkr or ob.J<.'CIIn one Nhich must oo ndd..-1 It Is
quit•• likely thao number or wholing counuiea will objed Per·
hnPI we cnn adc~J ohijtopic more fully in the queslion penod
which will follow.
With ""'peel to the iasul'<!!ho t will greet u• uawe moot ogain in
8riKhlon in July !)~ illould not surpriaenw ut oilto - rather
creat.ivc mea•ui'C'tllokcn by the whalcountrit e~o~elohe posi
tion we huve token with respectLO the ceMtltion. Wewillbe faced
with a major iS5ue wtth respectw the imp lement.Ation or the ab
Ort)Cinalwhaling rnnnlll(ement scheme, and 1 think the U.S. delcga·
tton will hMe a oignofocantchore in detumin illll c:atch luntts for
bowheadwhaltn,l{in 1984ond beyond.
With ...,.pcto tlw- aboriJ(irual ..haling mannge-ntscheme. I
hove ._n m contllet. .,.;,h the chatrman or tho Technocal Commtt,
tee wh- respotuubility tncludes the establl6hment or the standing
Subeommit!H on AboriMtnal Subolist.enNeeda. to CXJ1resour in·
lere!t in this particulor 1\Chvity,to88Bi8tin the conduct ofthe
work of this newgroup
It is too t'ntoypredict whot will hoppen withre~~pe Clntto
ories,but Ibelievelho meeung whic h I must....,wos generated by
the activity or the Conne<:ticut Cetacean Society <noorrung th•
nonoonsumptiw uoe or whales, will be a very valuab le meeting
with respeCt to odd.--inJ matters pertaining to oonctuariea and
other nonc:onsumptivc u... or whale. .
In your 5tl\ternentMr Chairman. you mention t~' '!Illteof
the coldharpoon ..,t}rMpec114 taking minke .. hal..,. The prohibi
tion on the use of th .. wmpon .....,....... efTecttve bectnning with the
I982-83 ~Iagl end the 19il8 coa.1al whali.n" -na. As you
know. 1be ban ISthe subj«t or objeCtions by Brazil, Iceland, Japan,
332Norway. and the Soviet Union . I believe the U.S. position on this
marter is fairly clear. We support the moratorium und will contin ·
ue to do so.
We have nttompted to determ ine the extent to which these coun·
tries will be in compliance with the prohibit ion. To date. the only
information w~ have is of» secondary nature from Japan. indica I·
ing lhut with respect to the i\nlurctic minke whaling operations.
they do ant icipate a very exlem>ive. but not tol31, use of exploding
harpoons . W ith respect to coru.tal whaling. the exploding harpoon
is apparently not ready for use by the Ja panese at this time.
We have explained to these countries the provisions of the Polly
and Packwood·Magnuson am endments which provide for sanctions
in the event the Secretary of Commerce clewrmin es thal a coun·
try's nationals are conducting fishi ng operations , which includes
whaling, in a manner that diminishes lh e effectiveness of an inter
national fishery conservation PI'Oj,'Tami,ncluding that of the IWC.
In your letter of invitation , Mr. Chairman. you indicated four
questions you would like addressed . I believe thtose have been ad
dressed, but 1.0insure that the record is complete . I would like to
address them specifically in summary .
tions torthe decision to enact11cessation of commereial whaling fol·ec·
lowing a 3·ycar delay. My pcn;onal view is that there will be objec.
lions filed.It is difficult l{)say whicb countriL.,; will me them . I
would not be surprised to see the major whaling countries do so,
certainly the Japanese , possibly the Norwegians . the Icelanders ,
tbe South Koreans, and the Soviets .
The second qu~ost peirained to whether we foresaw any signifi·
cant changes in the Commission 's membership in the commg ycnr.
I do not anticipate any significant change in m!lmbership. We will
certai nly do what we can to insure that this does not. happen, thAt
there is not a change which ofl'ects the charuCLer of the Commi&
sion.
The third queslion perta ined to the matter of the cold harpoon
and questioned whether the United States should invoke the Pelly
and Packwood-Magnuson amendm ents against violators on the cola
harpoon i.<sue It is my per.sunol belief at this time that thi• is an
issue which we must look at very caref ully in view of the impor
tance of the two amendm ents to achieving Ihe moratorium; I am
prepared to discuss th is with you following the completion of this
statement.
The fourth quest ion concerned the major issues the IWC will face
at its next annual meeting in July . I have indicated that f think
the moratorium will be an issue until it is implcmcnWd. 1 think
that we will soo for the United Stales at least the implementation
of the aboriginol whaling scheme und the bowhead whale quotas as
significn nt i88ucs.
lt. would be nn oversight on my part if J did not recognize the
importance of the U.S. Congress in helping us to achieve these
goals. We have appreciawd, and I know that those of the delega
tion who hu,·e been in,·olved much longer than I have. have appre
ciated the lUpport received by this aubcommittet> nnd by the Con·
grnss or tho United States It makes the job much l'lll!ier to know
that we hove total support behind us.
333 :lO
We will continue to rely upon that support. I am confid~ w el
wiU hove it. It has been for me one of the most challenging ond the
most rewarding experiences tovarticipate on the U.S. dt'legntion in
the International Whaling Commission.
'!~' honcludes my stateme nt. I would be pleased to addt·ess any
questions you might hove.
(Mr. Byrne's prepar1.'<s1tateme nt follows:]
r.tarAUnSTATt:M¥:o,. HoN Jon"V BYL'<&AoMil"'ISfKA, NATIONA(.)c£Astc
AND ATM06J'1JEIAu.&o~nH8T ANAfUtSOSCo,MISSlOXUt.htTt;II.:.OATIUSAl
WttAUNO CoMXJSSHUC
~~~ Chaannau andn1cmb efLhesubcomml t•t~hairman.i1Wflmy p)erur
ure LOnppcar beJthl atbc\.mnUtlee rt'('t?JliJyto dp~pllirDat&nd ro
tit.ions for the :J4UI AMN.•t irthCIlnwr nnt.lon.al Wharomm!Mion,
whirh was held durilll(week or Julw 111Urighton. Englnnd It It!nn f'}VCn
Mr~ul tl.:aurefor m4.'to discuss with ynu toduy lhtorrthQil' cffortb. I
wouldoi.!likr to shurui'Cn orthe CONiidtlrnble-work that wUI be requlr'ed lo
in1pl«unentfullydC!CI .hIibnnebcc.oLOk"by the IWC
r \IIII'de to begm b)' addreae-ach or thf' isto.Ue5nused in m)'U!ttimoo} of 0
few months ago-themor.u.o.num. L~hJhment of whale smctuariu"5an
IWC management tool. and thP lWC abor•glnnl -..hahn.g munugemeol .c-hf'me.The
objtd1\ '~had.d('futt-d ruvu udth~ ._ut.,wrn-aU aubstunHully nc:h1eved.
That uccomptishmei1a credttothe U.S. [)(tltgu1ion and the inditrupoable
pi1rIt hM rereivfrt~ymu, Mr Chairnan1hb~ubt' mimtllt'tother contribu ·
wn.iu botHousl n~ConJ(rcA,ndrc·p~1nt.nt ifvtn:$nedJc.oderlgenclcs,
noni:over-nmencon~rvtl anJoaimo I Wt'lrnro gmups. ilnd lhatlnrl~I;e
•hould nlso nflle¥1(inth~United Stut4., have not been ttJont iu these effortii.
\VPh"..bl. onttl. uveth~pn."J~.ev yeRK,b.) dedknt'-od and ekillfd delega·
dorm rromMher col\litrvnhon.qrin~lli w'no.t~exe~i. lsfd!t6h.and
dt-¥O sIb:ftanti.all"ffotU to our common purpoiPI!'A::IWCh3suatIa!\ht'
adoptNLlfTe<:cooM.."rot ngoalThenext(f'Vyears Jeadil\1 Limpl~ta-
hon of these 1\df'lt'18will. hO"-A't*\,'l!rrequire oontinuI sincert"Jy
beltPvc that weund1w1lmt.- thitnlenF:<·'
TU~ MUHA'f'(llliUM
Mr Cht~ir. mo0ycun1u~; he- lW(' w.u' n far diOCrent ltion than It is
toduy. It had l<tmf'mhl,mployt-'CaI tin,gleoiCaff IJ(trsonyear round At half time.
and hDd.on .unnual budt;l'l of $~O.nthIto.lrwt nogu. lhaljg in the
North Atlantic' n1Lhad no inlernutioob&erver schemeIWitablished catch
hmns ntte~ or tht- Blut>Whale Omt rMMU~ of whA.It!prodl.lCtrat~r
than a whaJtonMrvAtinconcept. ::.nd 11l"t'SppMifor the commercial har
vesting of ai)J)roxhnotel)' 46,000 whnlea..
.Exprt~ tigrve roctcem ower dechn"'hal!ltockll ond thl' operation of tbt
IWC. lbe U172 IJnil.cd NoConrercllc:n tb.(• Huoum Environmtmt in Stock·
holmndopt ~detK>IutloncallinJ.t~tnt.mcgnfd Cand t\lO•yttarmorotoriUDl
on commerc inl whultnR byof~tein rovnr, nt)ne opJ)OIIieda.nd three abstentions
Al1ht' tWC mt.'t"ting_thot was heldd~•lyfer the conclusion of the Stock·
holm lllCe'tlng,nh.ed Statepro~-. th~same 10--yeormoratoriubul\h~
mosore was rt-J('by 01\'Oofonly ·I in ra,·or, with 6 oppORd, and 4 abstent ions
Ho•·e\-et" d.Js.Jppomling this ioith~Unil.fdSta. •:~snot disJcout"Nred
We Instead ioiholt~ofoC refonn •httronti touL~ida.y~ 1972fWC
mi'e\.lng rurrt'l>dto obohs:h lhP Slue Whra\·orm.a~eme ntspE"Cu~•
and, later,-b)•Ktocb, to impltminl~rtnoonolbierv .hrme, and establish
catch limits lh~nrttt1me for nunkn nnd spewhol n•the Southerllcm1·
lphetC . ln Lhl't.•n8ulng!'a,tch liudt.s wert' c:stubll8ht.'ClIOr All fitOCk!lor Iorge
whales worldw1dc nnd red ucesom~1:J pcroonL t'attory Bhip!J were prohlbilid
from toking wholcUh'-than m1nkes, a lnwhaleIW.nctuuWilleslablilihed In
the Indian Ocean.oth~U!'or tht inhumAne cold hArpoon was banned. ()vC!rthe
lOMe period. th_eCommf.a~tr\Q\ Wftie&panded to 1nc:lude8 ruiJ time dAtU
anal~ sUUTa'nact.'Omf tleiol(:~tda:lem~ernbtrstto!19rount..r.he8
vast majori1y hecunentmembtonh1p.til~ by daan« 1~polk-)'or upon becom
•ngIJK•~ hu joineth~wh::i1t'eonMnntlon aiuse
This groupO(C()nfl(•f'\aljon-oricnk"ti ClOUn1riettJulyCltJmleell1jl
inach~in WC n.•cognition of the nt"NNto cease comm'-'r"' , "'haling Tht' pOOr
334 31
ato rt oknow!~ nbout whn.lt'i! thedduwnwn.rd lrendIllIWC cott'h tim1li
througho ut thr ltf11Y•c:leMiy 4Upporuod our "l.heavtulllhl t•bNetond
pNYiuU6 JWC Ma.n.agenwnpt'Mticellftotall•nttdf!qu.tomnn'~.1wh.ala. wit,h.
out mcurrin.g u!\a('('eptahl•· rl!!\J
111~monM>1<Uolmeoo Jul.)'23 -M"O the Jhr• YO\eor 2•\to 1wH~countri~
Ablll-i alupedintl'itil1110nol cumml'rdnJ wMhna to tnke rfTocaas ol the IUAA
86 J)OI nd 19fleottslal whlllin.: tt!tl50n.
~ O::lmmi•uon'c:LedEiWiiJtokt"n ••ith undtt •rdHi~th.'\t entlhuil•
wiU be l!lliJjhfld dunnc :l-ytltHI'I•tuon pel"iQdin ru.wr! ith~orecom·
metubt.ions othtSc~ntif (~()mmttwt•and the prov-is~fth~ f\lrrcm01~
meat pruc::eduret- poelponr rncofthrft')'~A rtllprovt he mdust.ry •'1th
~~ Umt" Rt.'t'-"toftUe whnli.ng in an ordlnra.~t .on ''rt.-lli.l.1itd
coallf1stobe-tTYft'Wtby 1!19tocket-rmino 11ffect o.,b.llih~ · m snb
mllhn ~or the teCOtd tt•bl<'t refl('('ting the n.,wl)' f'Wt.Abli$hedcnlch l1m1\a and tht'
1rend In cateh limita OVt>rlime
ThCtl{uol!"l'r-an.'!!ltirlvll\ft rlnll~luno I wu hansu~uUy lmpl~
ment(l(lhtooamt.l. ln1M mHnt•me, Wt'"il{an ,wllt•ni(to!maiot..•t ho'"
tt!grit)' ul dw IWC wach~ ing tu~ordc-rca;s:n)on of ucoun~ from cut•l·
mercia whohn. ~;\ITt.'<Iuntrfemay well~~~ obJeeli(IUftbt~tio u in tht~
per~ proorl..itdfor -.uc:h.Utmil.to~.-w thi!lr too..hil4-o·ru.IderinJ:
n~ ntc('UI'U') to tomN('ll\('hfl\'1!1todaU>. Thdcf~rr ontthe~
bon wn·~ to MOOUI"'gt"tht.'fil'countrit."tt to conlume ~nLhc JW(: attw
approprio te forforwho1 c1nservauonand nu&kl!&H~lbJt (r u~"' rru~intain
~ diula.: ~ndent thninOu~n that willx t.._•runaJ to uchll'lft' thto ll:ftNLwm
tn prtl<'tic('Al1ond AhctULbdtoptimisti'1t' •\IC'K hk-v•od in llncblIJI
the bl•tn~ooe WYc.ould 1\U'«"thwhAI~ YtilJ\<'t "l'~pr"l«ttOn•f'ht l\'t'
urgt'rl 11ton,
·~folt'TUAKII!S
Tilt Juty IIJ'--.!IWC tueeting at-d .-ub!t.l cfYorlttu.dPwlu l ttn1:14
~~hues (orLlw~:~b ,llllr on WnCt"'h1• Mncluttrit'fi. 11M<prrun.r k"tjcct.
rorthIIt hef;lUid~l-' tn•dNllifilf'f:U-~hJJ1mdfvidU.oOf j(nJ~UOf~haJt.
•PKns are JlrOttoelrGm whnh~ for a&pt'Ctr':~end toprovldoforlonjlt·lenn
~rvollor ALddtlJona1 obPtlvf!fi related to rt,lll(rollt't."(in[ot"ma·
don urr:ollll'O1.\rtit:ulated Th" I'UickUJI(Itort''~)a~'t11,~11O)'pro
poillll-.fur to.nctti Ul t lxsobmitu.·d t,h~IWC"ln th~fuwre artd •l•uuJd
pi~ tht~ ora.t~tbiU W Cirha.u MnctiJraril!l. on a fi.rm b::blS-
AOOII.C&.N:ALlNillJ I~HA.UtrroC. tl:H'11M
1-'i.n.as a rn 1al~inf'd 11K "!Tor~inc Uemt,lndud1m ~tcn~i ~ ork
U\'r~' pwsl~ynaMl, LbC"IWCes~bli11 t.nl t"nWntf;nnctpl ...flruC('CIUR'::!!i
w ~'n'nabori~~.n~a..~l.t.w wkhln.( ~ pri ncip und pronodu ron!~lly
f'talllnithe dl.fCincbrtw~n moto.IM'rCialn~tbof' 4Ufb\A!h111t'th'f\Jing
and todify t1\'l- ~nt•til;tIU.t>n1 .tln•ut:.r')' t."rl kt! HJlf'OJ1t'brdl·
ann-t~Lwt Wot •eecLofoi>VI' if'l'Pihld•'IK"ndon hmil\wh.nll"to ml'\lt
~u.lont, 1Clll'ral. • nd nllll'fM!'IUsndtht" C'Orttrrvulwn i flhMfTtOC:t•
eelwht•tHTh.t"n..>qulrothe man.a,:.•m•nt of such hun(1lu pro\'ldr (th~
ret.'O\''f c&f.plwhule popi.dt .To~11"'1istwnh tlrt1J)IC'f1Wntor thf!ilf'
procedun!St th<ltnum'*LJ.ft£of Ltw•1\V.rut1!~:Jnndtlwn_'l .lh!.lm\nuv
tion llgf'lDfhtl.lbll8h~'-"nd uac!mrml1tv ofthe TC(hAt<'aO.mmitt~ t·
ruvi(-abor~nal lil.lblt w.hling n~ and pn.d )vthl,., tnforma tion tu lhc
C'(Hnm~t moomurh the..anw WilYthlft tSc•cnhlk Comaull,Tprvvtt ahvia
Ttl.AlalibF.sldmo\\'lu lom~missiorontnb\.1\"Ubtitarroall)nrhluvl tis
A-M~ Idtwe lookforward to1tcontinut'mntll "lio~nin Mlpm.: ttmpl• t•nnt
tM~~oCht•nw
AC'I'tVITII""~T1f&.111'•~vtl;'ft
Mr. Chl.'llnn.m. our n<:tl\'illt'"•lnC'I~1'4(.Jprovld<"nn indK:Utwt1l
the~Qjo .w...thnt <:un lOU\tK't fJrX~'l~,.ear mlt•tln;t 1md lk· t\111
have mchcattod. un<trnnjor chalfur U~tu our 001J('fi.,;Uc",.'.ithln lht! l:otmm ..
Jntnistaf~ilitt Jh-«tfrOIof tht-!IW{' und PllrttrLhf'*h.'lhnte Nl.mtrlH> ln
imp]l!tMIJting the t'('Ni'.llWnIn i.hiJicoopt•rui or All \'OUnlm.lfi" 'in bto
rl"qull'f're~l-wthat ~n:l"~ tlw tlfoar t.llprt.•'orldop1nlun m fiOvDf"
nf'• n"Mnlinn1 haw • •fore wrht(1~h: 10_111(Ommib.on ,r~.·.I'Mintrits
thnt '""'"us onthe rt'Smlion vote expf"fnr SIIC.'Us<litheirfiUpJ)orl and
335 urgiJ\1(OOontJnot'torutn a(h\eve qur compal I..,.,J ,U .Scamm.itm-unt
r.tb~ rarult und ud~r~ to "'ork lnttnllV"b' "'ith aiiiWC n)tncbitn:t.~
I do NMl!lllpany ~ifiean lhan,l('n in tfw IWC"• memtNt0\-eid:le neal
.)"!!\\r'~U...,orll witebrti ~t-mbMs.hi1ooawwc LM mtc!Jrity an•&a"
hilito(U~ IWC and itadeclil ~o lhM~ my leuen to~"ation~nt·
t'd CommiiiiiiHOnt~tl.;ask1w,. t.olh1m'u~ 1n tho whalin~ntnn
e-xpl"f'SJtur detm'tlto faci~tu.aeu1npUa.oee-.nth ~t1on declAian.aN
OOangnllnrora.«t by p;on;visi b~our em~ offici.aabroad. Wtbavr abo
Ler•nil'lrt11U10r(.'l.-.f\hIhe IWC 8Mftt_11riattonnynoCl\<'rJortiotlJ lO
tht J ulJtl ~el!llug . Th dtttt', tht•re h.. been no .aueh reA<Itlon,but we have bl!tu1
nblttt1.O( liJotUIJto thS«:rtt.Atin clnrifyinJC<lttl."!Xof8t'Ve rdeC:i•
suma reuc.h.dll JuJ.'fhc 00-d.a,Jy>tof)hjectthWJ d~LJI. oJu•w on No
vember4
A.lfCIOnfN!Iju.ruanttcipGterotthe!July 19S3IWCmMtif\1il tM impk>:meo·
tatioa or OM!llbonginal wbman~nt ~ .. 8ftd &beKU.blll.hmem or catch
limtu to t;O'Vnoo¥.~ ...hahng IIts ~nd~ We ore •wkinc cloee:l) 'fl"'th
tbtOOI'lor Cef~-~OC'M p:I.eUlarly tbe Dep.ar\nM'nl of the lnt.Hio.-. and
t~ Ala11tMEtldmo Whalinr; O>mraiMioAEW'Cit.o~"!.l onfonnatiotl1h.a1will
~ eritit'tl 1a .mp11!1nl!ftnan.mee ntsc:ht J~haw beo:n in contaw1th
theC:~hi'U oItAR fWC 'T'enleol Committee., W~pon1lbU iittytst.-.bJiJih
lheNndlm: rubcommitw: onDburil ~J1tiience nted, to t-Xpi'Cinl.l idn~
porlJA,:)paInJthe plnoning and tond\),Ctnr the wtlfk oRtiWbody,Within
NOI\A. wt• will oontinue to •·or k with che Amaruto te~t·thcd. ':a. .a
hu,tjointly. pro\i ~or u.ndC!roCoopera ~"~'rw.m winhilmind lOt.M
IH!edto tAtAbJnt-w~~ litn•for tbbowheadwhak! hunt atUw nnt meec.in;c
OJ1,..,_.mlt~rtalld.u.a lecot.ryttO p'f't"thtcher t.heft wil~ bt
1)01alJlOt!ICAbhb IWC whale Mad~ J bttifow, howeo.e:t,Uwhat
JWC CJ111,pcwu.!dk"Jfa!n lt f~IMOQ;IR.lmpCU5fto(•halM that1ftPf'OPOM-"CC
thwld htlp10dneiop ~ruJ .nronnutionl.hClOII\,Plemtllon:A!'lalito~
t.ua.noT'h!meret1flitnM )'t"tthwlulfdbut .should oobd'al orJu~y l~
lWC ruet."li iiK
t' ullly, Mr Ch.airrn.an. I would likeref~n;ku.onoetIWC'ebun on the
uM of C.'OdrenAde hnrpoorlitlllko mlnkwha LL~I1t!ban WM adopted al tht
JuJ,r lUlUJWC met!Lif\1and btooomHt!1T. 00Mr1if\.Kwilh the 19Sz~ agic
Dnd ~~~ ('(IN.t41wtmling seuom1 1!»1. "cl,gieteNOn 1t.am thNo\lb tlrfr'l
in 1M SoutMm l-l4!mtapbl. he bean18the .sub;ert of obj«filed b)i Rrnll,
la:lafHj, JapNorway.and theSov-iUniun..
"nw US poemoa em thitdAUftitt~r. WesupportH lhtt t.n ud cootlnu&o
do 10 Wr MW' corru.,u, nhltJOiiition and ~rn &o.-:h~ CJCNn
"> .,.incthai"'"«Y- be ••o>IO«l<a<_,Jd alloww wlol>dnwalor...,..,
tions We 'ho\t- IWo cnt"tfuUy explaSnfd tht: Jo(the Pe11yondP.dt•'OOCI·
Ma,;nWJQnArnendmt.onts whkprovideroT s.'lDct1nlthe t:''lfllSt'ertllor)'
Comnwrw dt~nnin tate1rounley't: ionals are condurtiOlhln,operation~
im:ludinwhaUn~ I:.n'Uhlnttr U11Jt.1Umithe cffi.'<'Ciuranomternatlo lnr~
n.t~h COIit)n•atipn:ragm.includh1t:nt oth~JWC.
COHQ..\J410S
Tbe ~~eh~\~L at the July 19k'l:IWCmct'tlnJ wwre"nmatch.:iaW.o17
n.c~ a.a deer 1UikiQa~~ ex~ o(worklop.nionan IM mat k r o/wb&le
tvn..,...•t11~ Ur:alttd SC..lW •all conunefTbttIn lb.! ne1ftUS1o bnnc
tht d«asloM of the Jl\'C fnw J'M"t.dewn.hthe a)C)ptntlfataJIrwc me. ~m
~I'l rl'1f whal l atntldtbbt • brfJ:hl duap!.irr h.t~~e ofC'Onlle.t'\'alion
Mr Cbo.lnnonI v.·onl to e:XJ)f'ttlllOyou our apprf!(lld.ion r.nd Lha.nb for ,.our Jtu...
tnint-+dlnUtro.t at•d tupwe.wotll: to:M•£<lhC'oeJU!tAian WI!~KMh lfor
so h;n.,; WtJwill c:ontinut'challcm m~held:lh.: 1\VC lther and to brlnx
lnl4t pmt llc'' Uw ooru;en·otlon mAlrtody odnvll"w,.will nel;!!dto rt•ly on
lhe .-uppoo( theCoogre. nnd thf/un~ric )t'CJ)lttwer~ lt\etchalltn~et
i would bpi~ to&.NWU )'OUq\Uillltinn&-
Mr. lloN KER.Thank you. Commissioner Byrne. On behalf ofth~
subcommiltre I would like to express our &pprecUition to you 111
head of 1he delegalion for Lhc extraordinary job you did in this latn
""""ion, and also our c:onwotula ~oiofinslly accompli8hins
whoLwe have been striv lonaccomplish oil Ih..., years in IAlrms
336o( actun Jiy obwininthe OUCL'&t""'tlr.)thrt."<"-vute lo impOSOQ
moril1<)1'ium
All of tho peodle who ha•r Jx><nnvolv i~ hd. issue cume back
very exc1ted on optim itic about al.a putting nn end to con1mer·
cia! whaling In the worldrthink for someone who hru.cnm~ in rei·
atively new. you have drvcloped knowledgl'nnd comp..t.enCen this.
field <luickly.
Mr. Gr..oo:NSON That must be becuust>he is from tho North ..c.t.
(Laughwr .J
Mr. BoNK>;R .Also.m;on~ who servl.'do• pat·Lof the dclrgntinn ln
past yean\ Jknow hov.' comp1rx and ofle1volatile thesis~S tarl.'
Mony people believe thal iti!JUSt-shnp)y a matter of working to-
ward a moratorium. But when you get intothe vurious commlt·
we. and the scientific dolo that n~ry, and ull of the proce
dural maneuvers that nro involved. it tAke•someone with totnl
commn nd ()( the issuesif the venk)l)is ~oin o be ~flC'ti'!in
achievlngour goal&.
So. the subcomrnlll<'<'dO<!$opprecinte your contribut ion, Mr.
Byrne. and we hope to support your errorts fully to be •uro that
that moratorium sticks when the critical time comes in Int-.:1955.
I would also like to <'Ummendyou on your staten mL~You huvo
anticip"t.edll of my queotions and have dealt with them. I think,
efTecuvely. But, for ther<•c.o.itwould ~ wise lo pursue in u
dialog some of the rema1ning issues. I guess all of us aro ioterestrd
to see what will huppcn on"" we reach the schl.'dule to irnplem<.>nt
Lhe morotonum.
We are going to hR\'1'something of s l>rttliminury look at whnt
will happen when the cold harpoon comes into errect in November
19~2 T. o biJ: event& this November, the clccrion Md the cold
harpoon ban.
Mr. G&IDK NSON. It is kind of difficuh to dectde which one should
hold the most priority . [Laughter .)
Mr. BONK&R. Well, we will concentrate on "'hales ror the
moment. As I unden;U.nd it, ""'"'"'' countries last fileubjec·
lions to thbru1on the cold harpoon.
Vou mtution in your 8tatcmont that it mil{htbe l,remnlllreror
us to go the distance with certification should this ibeuteswd.
We discussed this the last time you were before the subcommittee.
I would reallybe lnterc;;ted in hearins once again your probable
scenario if there is n violation of IWC policUiiof the cold har·
poon.and JUSt how far the D<Jpartmenlor C.omrnertc would be will·
tng togo in issuing t,hut certiltcat10n .
Mr. BYRN P.One of tho 5trongest tools tho lWC has is that which
is in the hands of the United Stntco, notably , the two amendment$
that include CPI'ti.fieatand sanctions under certification . 1'he
amend n1cnts . ag I understnn d them , are brough 1 into effeit when
Isobvious that an activity on the port of a notional of one country
or nnotht'r dimi nishes Lhe effectlvenoran int~r tiannJrJ.Sher·
ieMc'Onservntio program. In thiscase we an: t.ulking about the
conservation o'wholes
I do not think there is &ny issue that fooes the IWC which is
mon• important than t.hetot.aJcommercial whaJing ce&.satn und it
would Jx,my position thot we should carefully oonsidcr using whtlt·
337 ever l!anctiona "'" have before we reach the point or violationsof
the cessation.
I have a ooncern th1•t use of the sanctions for anything llll8 than
that would dlminillh the valu o~fthe sanctions in insurina that we
achie ve thetotal~~ion So I would be very caulioua, very care
ful before pro~in Lahal we implement either the Pelly or the
Padtwood-MagnUIOn amendments for the oold harpoon issue.even
~ irin tat it is an unporlant issue,and that \\8do need to
applY pressure. on the countries which are ln•'Oiv.,d, We do need to
auist them, if th3t11oe<:cssary,in achieving total compliance with
the prohibition. But I am not aurelhat I would be\ery comfortable
In usinJ our atron1100 tool othis part icular iseue at thia t.tme.
Mr. Bo,.ua. In your mtement you say the bon is the subject of
objectionsfil...by Brru:il. Iceland, JapanNorway. und the Sov1et
Union. As I underataod it, the bnn willbenpplicd lirotin the oon
t.ext of theV82 pelagic aeoson in lhe Sou them Hemisphere .
I think thertl is cltulr indicBUon that theR countries inten dto
circU111vent tn whatever way possiblel.hc implementntion of lhat
ban.
Procedurul!y, what will happen once that occurs? You iaY that
the ban i3 the subji!Co(objeeuons lil...l bU>.e oountnes. So they
file their objections witthe IWC. but if they oonlinue ID use the
oold hllrpoon durina the pelag;e season, then they would be in
direclviolation of therwc rulina .
Mr. BYilHC Y.,;.I do not w11nL10 ftnd 11\YRlf In the pOsitionof
pleying with the wurd<ng. My understanding isthut the 113Dctions
ore reiilldesigned 10 iraure the e!Tect.iven- of the conservation
octivilies. There ia prL'II(:ribprocedure for foiJo,.•inup on the
matter of oortilientlon which 1 very well reca ll you brought to my
attent ioat our lnst henring .
I could,1auppo oo~oethe lime oo l"CCIitfrom tho record , but it
iain the record. Th• P""""riplion is eleurlyopclled out. We would
propose to follow11.
I think the iisue does. however, oome down In a di!CUiionor o
judgment as 10 whether or not certific:ation shouloo impo&ed.
Mr. Bo:-.'lODI c:anappreel ;;rou rterest tn avoiding a prelimi ·
nary roofrontsuon on the cold harpoon when the reel b~ issue ia
down the rood. But I am also ooncern...l about p.-lent..etting:
what signata we oend to .. haling nationif we do not fully inrend
to back IWC quoins and decisions with the only ll'vcrage that we
hnvo, whoth er that would be viewed WI o weaken1ng of our commit
ment.
I also wonder ifthere are not aiU!madvee 11veilnhle to the nd·
ministrotion in dealing with this issue. •·or exumple. we now
import from Japan ebout $321 million in fiahery products . That is
the 1981 figure. And 1f we are alsogoing to talk &bout the Pack·
wood-MagnUIOn amendment and ooncem ouraclvcoawith the total
value of landed liah taken wilhon our ~mile -woe, that would
amount to $425 million in ,Jue.
So. is it not pouible to eend the nght signal by a partial limito
IJon on fiShery ,Product Imports , or by a decreuedamount of for·
eign c:au:bwith1n our ~mile tone, subjectID the permit process
ndministered by the Department of Commerce? · other words.
rather thlln going nil the way with the bon or de. 1of f<Shing op-
338 ~;,
portunitoes , go at l•ast partiallyoomNhin l~send the ri~ht
messag("10Japan?
Mr Bv~N. tI\think there ur(' a number of areaornflgotintion
with these other countries on "hiethP United Stutes doe.. hold
sume authoroty that couldbe URI!dto sendavery HIrong signal to
thcon without roetually involving • formal cert ification prooe;;.,, You
have implied that we might use the alloeotio n proee&6Itself. It has
been suggcsted that we might use the internatioriRherieOlgtw ·
onents, which dcome tothe Congr~ befor. final approval, to get
the attention or thebe countries.
Mr. 0£Jil~NS C>rt<ily, we do not want ho leave that ionpr.,..
sion. You dn not wont to lire all of your shots in what mbea
preliminary oottle . But on thl> other hwendo not want people
to leave here today with n message that sayswe gointo~rognore
it because we nrc going to wait rorthe final round4
f-1.DvRN& . I suspect thnt thewillbe a wry strong debat.c, a
very visible deb•te which will indoclllu to any country thuw c"""'
observe that thero is a very strong segment of thi• population th<Jt
is very serious about the whaling issuand lluot it woulbe a
mi.t:itnon their parto assume the nonuse of certification ut this
tim ~s a sign of weakness: and that when we come-toce~n ion
I thinkwe willllnd thol this country murehco; fairly closely rogeth·
er und tbere will not be any questiu ro.
Mr. GEJDEN!ION . eertaonlyt.hink that forcountriesexporting
;;igoificnnlly into the United Su.te. , thnt thi• is clearly tho kind of
issue thnt could arrect all of their products , not simply imports or
r.h products.
Mr. BoNKJJR.But this is in the context or rhe rwo amendmentS uo
which he refer• . 'l'hePelly am011dmentapplies Ollly uo fishery prod·
ucts.
Mr. GEJDE.'<SClNJ wu• thinking more of the public re11ponse
rather lhan thegovernment-~govcr rsmonns. Besid eha~
you do nod whnt we do here. the American people respond in tholr
purchaslnjf habiLii as the result of, I think. cooperation on th is
ISSue.I thonk if there is a feeling that there is a Ougrant ubuse of
the sil..ualion r~j~ti whgt is a reasonable courseoraction,
that the Amerku oo!JOOplemay simply boycott t.o a d"'frl!e. who
kno..-. how lurge a degree, but to d~rce produ cts from those
countries.
Mr. BONR!<R.Well, I wonder , Mr. Bpne, If you could/rre for
the subcommittee a list Of policy optoons Lhol we coul anticipate
ns we move- toward November . l n other words. we .should bet
limited to just full implementator the Pelly And Packwo<ld·MO{•:
nu.son amendment.s or no implementation, but. maybe some altern&·
tiv<'Swithin our discretion thul would make errective our existing
luws.
You know, lhe Foroign Arrnirs Committee also oversees the For·
eign Assistance Aet, one provisioor which is when we provide
credit sales or ormamentto another oount ry. it can only use them
for defe.nsive purposesi any nond(lfUMive use of those weapons
would put that country potentially in '-iolation of our lnw. We hove
k>enseveral instanOl'now where once that law wasbroken,we ig·
nored our own res-· nKeto it..and clear ly sci a precedent ror other
nbuse and circum .tion of that lawIf 1he lnw is uo have any
339 effect, it hns got to be applied consis tently: otherwise ol ;, not going
lObe effective.
Mr. BYRNK .We would be plcru!<'dto J1111Vieou with u number
of policy steps.
Mr. G&~o£NS IfNhe chaJrman would yield foro moment.
:\frBoNKF.R Yf"'.thi a )'OUrtime.
Mr. Cr..rosNSON For the ~~ norlheast.. Connecticutbeing, I
think. the only State that h88thewhale "" us State onunai-
Mr. BoNIC~ ALnimnl or mammw?
Mr. Cr.mENSON Animal. Dr Barstow led that eiTort \'eaucess
fuUy and very e:arly in Connecticut. CouY!JU !All me a httle bit
obout the global confen!nOO that waahis odeo and what you -
happenong there?
Mr. BYliNE Robbins Bnr~t orwtlOSed tou• lx>fore we wenl to
Brighton thatu mecti on~the nonconsumplive """"of whale.. be
proposed ason ngendo otem. We were plunsed to do thnt. We asked
him to pr.,..;nttotth8 Commiss ion, which he did Tbe Su)'clodles
icked up on the idcn and will COOI,)Crowith th~ IWC, und we
r.tend toWit'Mr llnn~t oowhis aclovity, in IK'Ilingup thi• confer
ence.
It ... not yet scheduled . but it will be prior to the next meeting .
The moth-ahon for tho ~ eeting came from the lf'l'al Statof
Conn~e.. :1niwcuwt.~ pleusro. theUruted Stot<'was piHSed,
tostep in behond <'.onnechcut tn ach.ievong this meetW~g think
otwoll be un importonl mectong
There are onuonbt•r of nonconsumpuvr usesof whale5 rorrecrea
tion and researc1111d50on, oncl it should bvery intt'r... ting ...,..
•ion .
I might point out, sir. thf(T'eup in New York State . ILuugh
ter .l
Mr. Bo:<KEM Mr. Byrne, time is runninG out on thqu~lio ofn
:.boriginal sub.illrtcnrt• whalol\l( and th e cL1Sndilemma nn
that ossuc Your •tatemcnt noOect.~me leg;.lfttov• craf\,.that
must haw comt>from wme of our &UlfbeCau 11osao well done.
You 6tated that the IWC hns eswt.li!.hed management principles
and proc:ed 1~govem aboriginal subslliumce wholof11!.and you
go 011to say that 11formal\)- recognizes the di.<lintllon between
commercial nnd aboril(innl sub.ostencwholinJ , thnt you must
stroke a proper l>lllnnet•bel ween the two.
Th~ Comm;..,ion hnl ngrtl<!d to estnbhsh o •tundong suboommit ·
tee,something thai wo ore 4uite fond nr doing here in Congress. to
revoew it rurtheOut other thansettingup pi'OCI!durelodeal with
it,l sl.oll do nut know where we .stnnd with respert to nboriginol
whaling and particularlthe dilemma with bowheodt
I• t.hn1subcommitleP .mother way ofmore or IC!I!st providing
further cevie.. of tl~ue or do you for(!a(.'t'more confrontaason
we R" iotonext Jul} ..l .c.sion1
Mr Bn>~M Whut .,.., ..-e.., ouempt ong Uwlll10 ayatematne
what had been a rather ad hoc typo! arranlll!mcnwith rospectto
aboriginalsubsiste whahng and to set up oome guidelines that
would be used In ollocnting whalos ror thiJ PUI'J'C*.! not only ror
the Eakimos but fur other ubori!;inal sub8iswnce whohng groups in
oth~ oountrl!'!!
340 !17
The sta ndl.1,1gsubcommittee on suhsislence wos designLO pro
vide nn impartial overview that would focus on the actual needs,
so thutrt<!<.'lsoulbe fully undeTStood andcould b<.ocomae factor
in determining the quota . The settingof quotas then recognize,;
that in some cases the whales involved are in some jeopardy us sp<>
ci""; hut it Hln..>cogtlihe needs of the aboriginapeop .l~
lt was our hope to have the scheme ngreed to before wea~d~
the next bowhead Whalequota, and we were suceessfulin hnng mg
that ubnul. The determinat ion of quotas ne•l year w1ll be the lirst
test of this scheme, nnd wwillhave th" opportunity to see wheth
er or not we were wiseinour s.doption of those guideli.nes.
Mr. BoN K ER.What do you expect to happen next yC<lrwhen the
3-year block quota on bowheads exr>ircs?
Mr. BnNf. . 1suspect we are going to have difficulties in estllb
lishing quotas for the future . We are uttempting to rnainta fn our
researc h effort on bowhead whttles to get n b<:ttcr idea of the sil.e
of the population aod to improve our knowledge of recruitment
rates . This knowledge is essential if we acontinue with the ab
originaJ whaling act.ivitiost anw~ arti pursuiug Lhis- very vig...
orously.
Mr, BuNKER . As r understand it, the U.N. Food a.nd Agricul\Urc
Organization obser vttement seemed l.ojustify the present posi·
tion of the whalin g countr ies. Do you lind their recommendatfolll!
having much influen ce at these sessiuns?
Mr. BvRNR. The statement that Mr. Oulland mado, not only al
this session but also at tho March session. did not serve the inter
est oftheconservationist . nationsall.lregard that personally as
his 'llltement and not an endorsed statement by the Ft\0 .
Mr t BoNK&R. l wonderwhy he was over there doinit.
Mr. BYRNE. Icanoo1 answer that. 1 do not know the answuo·to
th;tt.
Mr. BuNKER. You nwde nne st.at.emm1t that Tappreciat<.-, You
said 1hat youW!\ r~hlg to continue to monitor nuy official reac.
tions to the1982 meeting,nnd I think tht is t.crribly important so
as to anticipate future developmenttmd what probable actions·wE'
will hove to take. The chairman would appreciate it if you wou.ld
keep thu subcommlttee informed as you monitor these actJvitfeso
that Wi!can work in concert with you.
Mr. BYRNe . lwould be pi~.M eodo that .
Mr. Bol'a<&.RI thin k especially as it reltoethe cold harpoon,
because that is an issue thai~ f~)r1.hc und 11rgther imagine
that we will oo in somethi ng of a confrontation on that. But we
will continue to -appl'cciate your own personal corntnitment, Mr.
Byrne, n.nd the real ly fine work thut you have done as the Commis.·
sioner of our delegation .
The chairma n has a way of picking up all of lhe little nuances as
to what kind of leadership we have bad at the various IWC ses
sions,and by and large ithas bwn very criticaL Iis a terribly
crit.icgroup that we send over there in terms or therepre nst.a
tion. We know that your work is not.1esseuinregradir \h~mum~
totillm. but that it will probably inlify over the next couple of
years.So we will look forward tu t'Onlinuing to work wilh you on
these rnat.ers.:
341 38
Mr. B'lRl'iE';!'hankyou very mucMr. CbairmM . Ithas been a
pleasuretohe here.
Mr.BoNK£R. Thank you.
We have three more witnesses.1think we will have them come
up asa panel: Oraig VanNote,executive vioo president of Monitor,
Inc.; Phoebe Wray, former executive director and now senior consul..
tanLof the Denter for Action on Endangered Specand Fran Lips
oomb of the Society for Animal Prowctive Legislation. All three
are distinguished and knowledgeable representatives on lbe whale
i'rhose who are stnnding, I lhink we have enough se.ats in the
committee room if you want to find a place,
Weloome.once again. !<the subcommittee. ! think th.e last time
we heard from you was priortothe 34th session of the IWC when
we had au opportunity to hear about your expectations of ses
sion. Now that it is behind us, wart'very interested in hoorin.g
your retmuks and suggestions as we proceed in the post.session
l" ·'ubcomm'itje w!ou~d also likero recognize Bob Eisenbud.
who is General Counsel of the Marine Mammal Commission, who
hasbeen such an important factoin our deliberation• at trwc.
l think, Mr. Van Note, we willbegin with you. You are no
ward to you•·testimony this afternoon . am very much looking for·
STATEMEf\."O1'FCRMG VANNOTE.EXECUTIVEVICEPRESIDENT,
MONITOlt INC.
Mr. VANNm• .Thank you, Mr. Bonker.
As executive vice president of the Monitor Con.sorUum. 1 am
speaking on behalf of 15-member organizat-ions lisindmy testi
mony. We are pleasedto appear before this congressional subcom·
mittec!<>dayto wscW!Sthe momentous decision made by the JWC
in July.
Mr.BnNKiill Mr. Van Note. excuse meI am sorry rodo this,but
Iam i11formedthat our other suboommittec heanng picks up at
2:30. Sthat allwitnesses havean opportunity, would you pleuse
summari.ze your remarks?
this. anyway .'.y,_.,Ithink iLwould l.ukl hour for meto read
By holding these oversight hearings on t.he whaling issu"-"and
by adoptingand passing laws and prodding the administration and
foreign nations. and actingaamoral force, the Congress has pro
videdthe leadership and clout tu help the international oonserva·
tjon community hasten the whalc·killors out of their deadly busi
ness.
There isH oort.ain irony thol we are hetoday,in sight of an
end to commercial whaling, 1years nftertheU.N. Confer""''"011
lhe Human 'Environment called unanimously for a IO·yearmorato
rium on whaling.In those10years, more than300.000whales have
be1would llketo address the Pelly amendmenl.We in the conscr
\'iltion community feel that itbeen the Pell~ ne.ndmentand
then,in thelastfew years, the Packwood·Magnus(mamendment as
342 well, which have given the !WC some teeth for the first time and
have brought about the steady reduction of the whale kill rrom
more than 60,000 10yeurs ago to some ld,OOO this year. We would
urge thatthe United St<ltcs continuetouse its full powerto tln!ll·
sure Lhe10.ru.Jingnations to <'ply with the regulations .
Unfortunately. wesee the whahng nations voicing open dcfionce
once ngnln, threatening Lofile objectionto the 1986 whali ng ban,
nnd already to tl>ecold harpoon ban. Japan and Norway in particu·
lor seem bent on continu ing the whale alaughtcr no matter what.
The powerful commerciAl and labor interests in the fiShing indus·
tritosor those two nations nrc ablto virtuully dic:.ate government
whaling policy.
The only approp riate response, we feel, is for tho United Stoles
toim)JO!>the Pelly and Pockwood-Mngnuson llmendmenta on viola·
tors of the cold harpoon bnn nil wet\lhe 1986 whaling ban, and
also to immediate ly respondtoany ubjt..:tious thth~ymay file in
:"<ove ber tothe 1986 ban by reducing their fisheries allocations in
our 200-mile >.one.
1 would call your attentio n to a recent letter lhnt waSMI lo
Secn!tary of Commerce Baldrige, sil(ned by 6GSenatol'll, in which
theysupport those actions. I recall thath~ House 8Cnt n similar
letter in June to President Rrognn, nlllOasking for such stro ng nc
tiuns.1 We commend you highly .
Th~ \•ictory achieved at Bri!jhton resulted from Ihe leadership of
the United States, Au•tralia , Rnd the &yc heUe... ond the strong
support of 22 other nntions that with•l.ood the considcroblfres
sum• from the whali ng nations. We are partic ularl y grntefufor
the dedicated effor1.sof US. Commissioner John Byrne and Deputy
Commissioner Tom Garrett in building thls whol.....,ving coalition
ornationw.
The 1983whaling quotas ...,ton the lust day uf t1\YC meeting
wore a mlljor disappointment. however. lnstenrl of following the
re<:ommendations or the m'liority or the Scientific Committee. the
Commission Jiet higher quotas onvirtua eve!y~whale stock. Low
quotas adopted by the technical comm1tU!e in the prelim inary
actio n wert- r(!'nOredin f&\'Orof high quotas dtinlflllded by the
whalers
The eon$(.r\'atjocouni tc~,which ('(lntrol Ihe!majority of votc'.S,
uU We>rendily granted the whalers whot they wonted. Whut hap
pened in thooiecynical linal hours of the IWC wus that the hard·
won b(:ientific basis for determining whale quot.a.f[Jtolt."oin
the new management procedure - was thrown out th~ wmdow.
By ignoring the scientific reoommendatioru> this ycur, the lWC
has sel a d3D8erous pn>eedenl for the quotll baules In the next 2
yeflrs. Fr example. will the !WC S<k'Cto avoid conOid and give
the whalers high. unjustified quut.as in the bope of winning compli·
once with the vessation or commercial whulinf>IJY~fi"
We rear that such uppensemcnt will only StgrUllweakness to the
Japont'Se. So'·iet.!,Icelanders, nnd Norwegians. To let up the pres·
sure on the whnlors would be a disser>'i1<>the 10-ycarcam pui~n
to save tl> wh~ul.,.., which millions of "'""'around lhe world
ba\'e j<>m<iwith 1 raordl nory passion. Wo must not ullow polih·
343Annex 74: P Birnie, “LegalAspects of Non-Consumptive Utilisation of Cetaceans”
(1983), extracts of unpublished paper presented at the Global Conference
on the Non-Consumptive Utilisation of Cetacean Resources, 1 and 5
LEGAL AS~~Cl' OF NON-CC~St:!1P7 L:VII:AT! O::t OFC~:'ACE.~_-.:s
by or. ?at.::~c Bi~nie
oepar~~ent of ~ublic International Law
Unive rsi~y of EdL~burqh
Old College~ south Bridge
Edinburgh EH8 9YL (Scocla~dl
Con~ent.s
! . l:tt=oduction
rr . Does the Inter:tationa!. Convent.1.on on Regulatlon of Whalina (ICRt·n
become inapplicable on termLnat:on o: commerc1at whali~g?
!I! . To •o<ihat.extentdoes or could the !CR~ .Y?lY to non - -:onsurn?r.ive
uses o: whales?
!V. Ex~mples of compre~e~siv eational l aws relating to non-con
surn?~iv uses of ce~aceans
v. conclusl.on
Foo~notes
Prc?arcQ for Globa..lC~n!e.::e: ot;t.he !Jon-Co~su..-: tcila.::.·i)e
o: Cetacean Resources - Bosc.on. ~·~~ssachuse tS-= s~June t983
344 r·n"'"'1• ~t1c-!lo;.!lun(l ..,any "!-tatQtt At <HP. l"iPI:Illt.1\I.H;nt'lr.;.:.\ t.On5
~ru:II~• •lso ~'"W'f"~'o( t"n!•iWC: ·nn r ur':.at!'trO•lUlr"~nt o<S "..:11.\tl..~t
!h•n• -it~oeu,fc:tlweo co~•ob tor r•o ional !~t::~ tives.,-as :-ec4>ntl\:ecoxneno~
Ly th (" tn tarnaton JilSympo•!una on N.ao ~'dA..tilill .n"!lndt An Oc:e.an . B
t....~i"Ancwoul d !1a vc- tbe tolk"-"n o!IUCn r:Qhts ~..p.att.tC~lAtl:\ StAtfll~
,lt r:Ave over wat~'•rwi thi!l tho r.-91on t h.a.-..arut.t_t("to thC>ir•av e tf)i9yt
or JUU .$dic:tion, but tr.er eu .no 1~gal :-(!a•on '-hY sucl'l develo ·ptu:tnt£" ahould
11. Oo~l th~ 1nte:-n•tion&L Convention on ~~oulation of ~~al{r.~E~o~~
lnanolioabJr on T"rcination ~r Coaoerci al ~1\•ilno?
l. Ob~.-ct 4nd Purooses of th~ ICRW
Articlo 5( 1\ of the lC~W ci ves th~Con31~•n 1oit est.ablilhed (tho
tn totnation,a.It."halinCom~:~iss (1o~~). the po_,. r to oldopt. rt:ful.ui."w.hh
·oapect. to th.l!c.on•er\l a.tio-n And utili"t"ioof whAle- rt>&ource s"(e.p~air;
~dded ) wtthout specifyino or d~fln1noth~ U!CI conce~ne. d 7ht> Pro•nblt to
~~ Conv~ntn ~o whi ch stts aut lts obj~ts And pur poses, in the 11Q~t of
which the •bove power. i! aabiquous, "U5t ~ int~rptotod, •t •tes, amonvat
Oth~r things, th •tthe COv~rnm~• npArty ~0 it de1ire:
I11 to ~~~•bli5h • systv~ o( in~~tnAt Jnn~• ~nou lat1on ol '~• w~le fisn9ri~~
to Pnsur• prope r and @f:•~tJNeeoDs~rva! ton And dev~lOOOn @t or wh~le~tocht
on t f1,b1u1.s of '!.be. pr\nC:lf"lem.bodi~ n •n eoAr-ticraorreae-nt and Prct ocols
t.o conclud,. 11 r-o11v.-.nt-.ftrro vid (.'":o·ttraroN •.rcontt'"~"·'~l~ ri~
W~oll~ StOCkS And thUS tO mAkP QO~~fblP thP O!'M~rld V•v~lo~ ~~ftt Of ! hl!
rt woulC -seQim th•t !h• pr-!mery f'Utpo\oe 15 c.onscrcv•uon ao <d<""vrlor"ont.
rot wha2P r..tn-<'~or t.he .aeconclarynh;if'\Ct:i\ "r ,...; l"'thP whi'IUnl'\;nt+w>t-,.,:
• ncon~:nuP !n & no:c o:d<""rly t~•hio .n Th~ other ~arts ol ~herr ~•~blc Are
dlr~ct• t4 Tecogni:inq tho ~aln p:obQ l~ot that indu$try - ov~r-•xplt oiotn•
345Annex 75: G Satake, Japanese Fisheries and Overseas Fisheries
Cooperation in the Era of Globalisation (Seizankdo-Shoten
Publishing Co. Ltd, 1997) [excerpts]
Jnptmese Fisheriemr.dOverseas Fisherie!i Caopernriurflu Hrn of(i/obnlisntiou
By Goro ku Satake
(Sciza ndo-Shotcn Pub lishin g \om pany Limited , 1997) [excerpts]
Chapter 111 fiuckground to thelmp lementafionof Scient ific Whitling
- A Suggested Approac h to Fisheries Diplonr acy-
Lll3j Botwocn Jam1.1yr 198~ndJuly 1982, 1scrv1.-das Department He(Fish~-rics
Promotion) ;md Depm1ment Ile;HI(Fisheries Policalthe Japan Pisberi.es Agency
(.JA), nfter wltich, between July 1986 and December 1982, I liSthe Director
General of the organisation. During this period, l participated in tivc major rounds of
intcmational negotiations'l11cswere U1etwo rounds of negotiations with the
Republic of Korea (ROK) on U1e iss\ of ROK vessels operating off the coast of
ll okkaido; two l'ounds of negotiations with the United States ovel'lissue~isation
surroWlding herring :md Alaskan Pollock; and one round of negotiations with the
United States over research whaling. Until that lime I had no exper iJ:~pann the
Fisher·ies Agency and I hodbeen ·•domestic use only", so for me these were e.'ttremely
Valuable experiences. Since Twtdertook t:he rol.e of battle ctottwo rounds
of negotiations, of the five roInstill1tave vivid impressions of the ncgotintiot1s
over the Hokkaido otfshore ROK vessel operations problem, which were the firnt
n~.:got iaetiafet oinin g theJFA, and the negotiationove.rthe scicntil1e
whaling problem, which was the lastjob I dmy bure:mcraticc:ue er.
I consider the events leadintothe implementation of research whaling ns wortlty
of an e:..lnatory lesson in howa chief decision•makc.:raicuntral government
agency thought and actc:d with regard to a diplomat ic issue Utat appeared on a daily
basis inew~pap harlines and on television .
The implem<mtalion ofci1.T whtlig wcs viewed asthe only method avaih•hle to
carry on with thLr:~ds iof whaling. Scientillu whalw~s au;osuspected by the
anti-whaling commentators as being commer·cinl whaling in c]i_qgaL~soot the
attentionf the relevant people worldwide.An~ in tertns of tlte achninisu·ative
process. sciuntific whaliwas able; tbe managed only by the autl10rity othe
Director-Gener:ll, who was op<:ratingon what was prcUy much an op<:ntest basis.
Added to this, was the fact that the spt:oial rightscountcmr.inder Article !I
oft he IWC Convention were stated very cle<r•ly. The [ac.twas that from a legal point
of view it was extremely straightforanddsimpk. and there were alsnobarr ien;
whatsoever to its implementation .as much as this was the case. for the decision
maker atthe JFA the issue was a troublesome one. As Dil·ectot-Geneitwas no
e:~ msytter for me to make a decision tltat ran the risk of hearing caustic remarks
from theAgriculturesMinistor lhu Prime Ministor theForuign Minister thankin g
me fur creating a totaUy unnecessary friction point in tbe relationship with tlte United
States.
346[II S] A more intractable problem was the difficulty of having to take on Ute
int:mgible moodof international public opinion . and, in particular. American public
opmton.
With respect to scien tific whaling the prime mmtster at the time. l'vlr l\akaso nc
instructed me that, ·'Yfygut feeling is that 875 whales is somewhat excessive. Don't
create an impressionat wc·rc being unfair"- That was immediately before his visit
to the UniteStat at:hS end of April. The Prime Minister raisod the incident in
which Japanese officials were met by environmental groups catrying paper-mache
models of whales and said. '"lbat was not a good look. Ma:~rcthat doesn't
happen··. I took tltat as an instruction to mean "Listen. don., go upsclting the
Americ;m environmental groups tomuch ~'We were dealing with public opinjon.
which was intangible, and so thwa~ a problem to which we had no mca.ns of
responding other than by using the systcm of checks that I h.avc::outlined above.
Natur:tlly, this intemation;tl climateding Jnpawa~ ;~l dioctly re;;llectedin
tlte domestic mood within Japan . The Asnhi Shitnhun ncws1)aper titled its editorial of
20 July "Don't ram through scientific whaling" . Th<::following day Ute;;1rticle w<ts
translated into English and transminoo to Washington. So while we had been trying
to explain the ''feelings of tl1eJapanese people''to tlte officials in tlte Depnrtmertt of
Stntc anth ~:partment of Commerce, our American countcrparb hnd already been
making their own well-conSidered assessments of the mood developing iu .Iapan.
ln April when the last commercial J:1ctory ship returned to Shibaurn, as the chief
decision maker at the Japan Fisheries Agency. I addressed the crew with Ute words
·'We willale every e!Torttostrive for 1J1ocontinuation of whaling, with its long
hist01y and trnditions". Tite crew were rather older, Utcir furrowed byces battered
the dements and burnt by the sun. l honestl y felt that "Whatever the issues for \\ hich
Japa~ npast \'<halingdeserves criticism the crew :1renot to blame. I want to somehow
retain the work and workplaces. where these men b;we spent their whole uves. in the
fom1 of scientific whaling''. Rut at the time. wC general meeting closed in
July. tbe hard truth was that there were absolutely no prospects for a positive
brcak.1hrough.
In lh<..:sccircumstances we could sec no way of implementing the research without
upsetting the Prime Mirtister·s OJ'tice and the Nfinistry of foreign ~sl':lirs. Just
m~ny foreign aiTairs problems arc aJso domestic problems.w:tl~UfwiU1tl1c
scientitic whaling issue. Although initially. in Diet responses.• it ltad beett sa-id lhn( a
decision would bt: made by some:::uring July. the dnte. bit by bit. slippe d to the
middle of Augull't,and then to early Septemhc:r. During this time. Commissioner
Shima and Mr Umino, Department Head, Occ:ul Fisltcl'ics Ocp:utmcn"1nade
appro;1ches to the relevant p3rties in thStatt::u~.htly Wtlre;u;nablt: to gain
:my hint of a brcnktl1rough in the sitConsideration was given to a plan that
wouJd give the; FAO prime e<tniage of the project [1161but. in de;;li.:runceto the
United States, the FAO did come on board.
347 [unnumb ered back page] Auth or Det ails
Go roku Satnke
1955 C';arrduatcd Law Department, Tokyo University .
1955 1'lvi.n.isof Agricu ltweand PoJeSI.I)'Depattmentilea d,l.ndustry
Promotion Depa rtment, Japan Fishedc$ Agency; Department Head,
Fisher iesPolicy.
19RCi Director General.•Japan Pisheries Agency.
1988 Chairman, Overseas Fisheries Cooperation Founda tion: Chairman ,
Organisation for Stability in13lended Feed Supply Foo d
.lnpnncse Fisheries aqd Overse as Coopemt ion in the P.ra ofGiobalisat ion
First printed 15 October 1997
Firstpublished 18 October 1997
Author: Goroku Satake
Publisher: Sei7_ando-Shoten Publishing Company Limited
Printer:Sanwa Printing Com pany Limited
ISBN No. 4-42 5-82631-0
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352Annex 76: T Kasuya, “Considering the Whaling Problem”, (2005) 16 Ecosophia
56 [excerpts]
'Considering the Whaling Problem'
By Dr Toshio F.:asuya
Source: Ecosophut 16 (2005Lcxct:rpl!ij
rs6lToshio Kasuya was born in 1937. and in 1961 gradu~ frm dthe Fisheries
Department. Agriculture Faculty, U1e Cniversity of Tob.-yo.and enterednthe C'etace.1
Rese~r Centre, Japan WhalinA~sociat no1%.6. be joiJle<l, :ts an assistant, the
Atmosphere and Ocean Research Institute,iversity of Tokyo. and in 1983 he entered
tl1eFar Seas Fisheries Research Institute. J<1panFislterit:s Agency. where he led resources
research including serving as Head. Cetacean Resources Research Depad:ment. In 1997, he
became professor_Faculty ofBio reso\u·ces.Mie University. ln 2001. hejoined. as professor,
lhe Science& Engineering Faculty. Teil.:yo University of Sc.icJlCC. where lte cun·enUy
conducts research. !lis research interests include mam1tees 3nd river dolphillS. In 1982, and
from 1997 to date. ihe Scientific Committee, Intemat ional Whaling Conlmission (lWC). has
invited Dr Kasuya as a guest expert, and82 to 1993 Dr K:ip~rtit eidnathe
Scientific Committee, 1\VC, as a scilieh;~also contributed his expertise to Ute
lrltem:nional Union for the Conservation of ·1\att•ra.Ph D in the field of
agricultural science.
,Japan's Rl'seareh Whalin g
[61JAt about the same time that thew:~m.~de to terminate commercial whaling, the
Government and the whaling induslr)·toconsider rcsc:treh whaling in the Somhem
Ocean. They created the following mccl1anisms wiih the view thal if they used research
whalingtomaintain the whaling organisations and techniques. theytot'esurneable
commercial whaling after about ten years. 1l1csc mechanis1)csbta~h.n the
Institute of Cetacean Research OCR) using a number ofpC1"Sonnelffom Kyodo Hogci (atthe
time. Japan's only fac.tory-ship whaling company) and with cooperation from the Research
Institute of tl1e Japan Whaling Assoc(2)establishing Kyodo Senpaku using the
rClnaining personfTClKyodo Hogci and the ships that it ha(~ohe ICR would
obtai11a permit to 0.1tch whales fTom the Govenune nt :1nd would sub·contract Kyodo
Senpaku to manage the process from whale>-catchingthrough to whale meat sales; and, (4)
the profits from 01esale of the by-prod\lct of 01e reme;rt.O\I[beh~~~ od
pay for the operating expenses ofthe ICR and of U1e whaling operations.
At present, the ICR is being supporlhllsnleN of whule mcut. which amount to
;~pproxi ¥6bilen,ynd Govemment;lssis atdcmm:eissio n payments of¥1 billion.
Since U1c:Jattc:r is eannarkre~~ar acdhpublic-rel.1tions activities aim.:d at the
resumption Q[commercial whaling. it would be <LiiJicultli>rIJ1eICR to abandon the policy of
seeking the resumption of whaling.
[62] At the timhey selected a res.rdrch topic that would recruircprolonged time-perioW;and
larg~pccim :hn s!l'imation of natural rat<alrc:achage group. Japan initi-ally
proposed an annual quota of 826 whaJcs [SiecTN: the real number was 825 whales] to the
Scientific Committee. but this numb-.-rwas reduced following discussions between Japan and
353 U1eUniled States. and the research com menced with a quol3 of 300 whales in the 1987-88
Southern Ocean whaling season. Wh~: inwas 11:alisedthat this number woultl not be enough
lo achieve tht: original objectives. {he:research objt:clivcs were changed to focus on better
understanding average natural mortar lrate. stock identify. and elucidating the whale
t:cosystem,
"1J substantially e:--.p.andcd plan for Sou Uu:rn Oc.::an research whaling submitlt.-d to U1e
Scientific Committee this yefitsthe trend. and puts forwarditsaim the collection of data
to build a model of tlte ecological system (see Tabl5 fTN; not translatedl).Scientific
whaling began in the northern Pacific Ocean in 1994 wit·h the primary objective ofshed<lin g
light on whale eco-systems and continues to this day, on an increased scale (Table 6 [TN : not
translated]) . No date for completion has been indicated for either one of these progra ms.
Fonnerly , there was a Japanese scientist who made statements at tlte Scientilic Committee
that conducting scientil1c whaling to pay for research costs could also be possible. Tbis kind
of statementis no longer made, but the majority of scientis ts on the Scientific Commjttee
view Japan's research whaling ins ueh terms.
l\1Iany Scientific Committee scientists who previously had commented on the research
whaling program s fi·om a scientific viewpoint have desisted this year citing Ute futility of
<Iaing soItis difficult to gauge the intentions of scientific whaling fi"orttoutside tl1eresearch
project,so the questions we need to askin order to make an assessment of it include Ute
following: (I) Do the scientists have the autonomy to decide on the ,research programs
themse les? (2) Are the scient ~ifset to usc their own judg ment and choose non-lethal
methods? And, (3) Is there any external pressure to keep on continuin g witl1 the whaling
research?
The answe rs arc: (I) It is queMionablc wbcthcr theBcicntists have the autonom y to decide on
theresearch programs them selves; (2) It appe'Jrs the scientists have almost no freedom to usc
their own jud gement and usc non-lethal methods: and Itappears tl1atthere is cons iderable
externalJll'essure tn conti nue witl1the whaling research.
354Ecosopbin 16, 2~2., TosbioKasuya, pp
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356357Annex 77: T Kasuya, “Japanese Whaling and Other Cetacean Fisheries” (2007) 14(1)
Env Sci Pollut Res 39
Conservat<OOBiology J~pane s ealing
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358.Japanese Whaling Conservation Biology
able fot drivmigl~t (es!Utoaud Kasuya 1993).How I interpret the chanabove~sbeing duetothe fact rbat
evervlials~along rbeSeo(lap a~doPacificcoasts northonlyvillg~ that rigorolJ.slyputsued the fisheq did survive.
of 'lokyo (about 35"30'N) grBdually ceasc.dthe opcmr1ou, declinin the carch could uot be explaineby:Jly
~od S\•Coperariou w>~rnit.C'viU~ guesecoa>Tof [zu decre-asing aumlx>rof qpcrmiogvillagseJrching.r;~ug<'
P<"oiusul(34"35'- 35"US'N, !38"45'-J39"JO'E, Shiz110iu ~cscdd1•rintiHperiodt~n fnmle ageurse<xualln:tt\1-
Pref.), Taiji (Wakay<JrmPref.), Nago (26.38'N, I27°.rit)'dedineThe ia~ isa changexpened (0accompa!la
Ok inawa Pref.),L~<cl iL'heNa!}'''akiPreit(J2":.H'- deasiJ7dedi.ae (Kasuya 1985). Oue of r.hefactors behind rite
34040'N, 118°40J29'50'E, Nonher o KyltShu)shordy l!flterhd~diu nusr bed1edecline inavailabiliryofstripeddol
the World War IT. Such cbaug•escouJdl1avebeeo a reflectioaOrhefisheryduet.oa drinrheab undancofcoastal
ofvaxoius~oc lnd naLurahc~or icl,di•tapo-"iiblt:decomponeors oi rhe-species. The most rec.entesticomeo[ rhe
d ie in dolphin poptdarions, a dethe dermod fdol ab uucbncc of tht()a l~rma<:nlotl• .eciesis oo!y a
phin meat<- doil for ligbr, au increased supply of wbaliugme•~eat eran Litepaanmralcatch(se'Iable I).
products, chna~ in commuuiry srrucrure necessaq forc'faij i, which is siLualt'<lkrn sou L[HVLtftheh u
ope$arioa among village$S,and i.n coosrructioJJs thaPeninsula, also had a long history of op);<)nunisric dolphin
sLruded beachesuitable fo r driv in.g. Th efactorswo
drive,but The operation ceasedraMw~ of rbelicense
ltavebeeoindiit.by thdoca lsorscic nLists,a lthough discoorioued some1irne aro11ud1961).'l'be ct>.rrcntdrivio.g
have beeu!ew attempts mad<:t·o evaluate them. cearrlwaes~. iabh edseveraJfisherrnen. usinga Lechrli"lue
"Ibededi in trendilcnoSIc leon1he coast l~•l'enin learncd from rhe llubccmcn.They road ucred their first
sul, althoughthe socialeav[wumeot of the fisca~seod operation ou sborr-fiaaed pilor whales (sout:bcm form) in
ofthededine may1101nec=.ril ybethesarnewirhria~. '1969, startthe reguJoperation in 1971, and e>:panded
Earliestrecord ot'theope.ratiotton lzt1coastswaslound in theostriped dolphi:~dother species in 1973. Fur
C:rly 7<conru.ry.Tbf."d.c"''op~?d r ay·cSvill;tias therd<~ laare given in Kishiro and K11993).
the latJ9ohcentur(Kawa~hjo Ima4) oby $inthe early
Prefcc•ure~ rnrccmsplaced'"rius do lphin dri ve ii,h c:r
"O"'temury(BureauofF~heire19 I1).Significanceor diffie:; under comrusin lensing sysLtm> (itL1959,-la.iji
ence berweeu rhe two figures is undetermined. The awin !982, Nago in uokuowo yearb~ forcing autonomous
ftmber d<'J<in:oo to fivevillage>(indndiug otteestablished re
limits Lo thoir total(notby speciel~uin 199 L, Taiji
cently)dt1riogthe posr-~X'larperiod (Nak;unura 8)8 in ],982orby llmilin g fishingsc(lz1nl1959,·raiji 1n
when 1.hdemand fofot>wa~ eXLrt•rrdyhigh.Whcstarte d 1982). The yeat'1993 was the first seasou when rhe Izuand
>'uldying ca!th es of thi.,1960,therw~r o~ul)' three
T~iji htwtecs receivc;~abql.\Ot3by species decb~rd
villages opcrathedri ving, but ofthem(.~ .rariop theFishNiesAgencyVilla.g<><in Lhe Na!}'sa k,i l'refecturea ud
erarediau oppoJtunisricwar to conduct driving onlywbNago in Okinawadid norretd van alloca1iontlfthe 4uota
a suitabledolph.iJJschool wasGigbted incideoralto otin 1993. Tbis indicares t.hat {bey have already ceased rbe
ingo~.rat sandnitcarri.ed our the laSIrecorded operoperaLion before rh.. date . .
in 1973. A.norber ''ilbge,Kawaoa, performedthe last opera
tin in1 9S3 leaving Furoas rheonly village of dolphin drivalllagin Nagasa ki PrefectKats\lmotoin par·
ticulawere know norculling of do lphins in the laLe t970s
ing on rhelztt coast (Kasu)'<l1.985). (Kasuya 1985). The culling cominued at a low level until
Acr.ivesearching for dolphin schools cou.ldhave star'1995•tat\ ()rp oistif"''"FurLhcU<•tail• arc avai lable
the lzuroast sornet.irneafter tb,eintroductionof motin the j3pano se progrc s<f<'j;'OpubJ<~h<.n.:allly
Messlsth~roccurred .inthe 19'20s,Searching uea expaJin the Reporr oJ the iutel'OajrooalWhaling ConlllliJsisol\.
with .1n introduction or scvcmlsrce dboars in 1962
and furrheel(pandedwith rh·e improvemofve~s seed 1.3 Hand harpoo nfishery for dolphins anclporpolsO$
(Kasuya 1985, Kishiro aud tv.asuy.a 1993).~wo vil
lagescooper:aLively orera Led t he hunt ing dunng th• 1968tonfceraceans usipg b.;lodh$rpoons is known from
~'h iesrotrij~,as porw1yed by drawi11gson bird bone
19$3 ~<'311$0 tub es3ndharpoon headseJ<cavated lnce ntralandn on hern
Tbeymostly hunted striped dolr(S,~t roel eoslba) Japao (eg.KasHY"1975). Main T:Jts of receJ:~~oese
in t.helaJ~<buceur)Kawa~him aS94)andt hin vasa lsohand l1atpooIish<'iYhave-bebiJJfiand tulla (Ohsutni
trtoeithe posw~ropcmti l,..6%of rhec. heslrche 1972). ll owevcr, beca utheslmrl<:, inexpens ive anJ
nu1ltiprpose mmueo{ the iusmuneor, mostJapanese fish
1.960swcrcsr ripedd olpbios O. 3ad Kasu}".t19.93)-The
carchwasCOllSllll1Cidnth<'ocarbythreeprc(Shiwoku..~ ingvesselssed to furnil1da-h~Jponsoonboard andat
Yamanasbi,<lllK~nagawaf.Catch ST;.tti<Itincomplete temrL louse them ifa chancearise10 har poobillfish,
sunfi o~s1nalceta~n fr on board rons1Lilp'tlioo a.nd
bC\forJ961), but often recorded 10,000 to 22,000 dolphins
(mosrlytripedolphins)during1942-1960. Theanm.t<l1carchc;rsiooallyforselliog.Srarisricsof sttch oppon unistic buot
of sniped dolphins has declirled3,300-12,000intlle iog h:we been incornpJcre.and au nor d..alnvith hNc.
earlyJ970sto lessr.baa "ad1ee;u·ly1980s, dw:ingwhichl'ware fiShernw.n in northernJapansbrge~dalopr ea
d1enumberof lumr:iuggroups had rernaioedthesame (Kastion othismethodfors~r<·oellanc. twa~ around 1917
1985, Kishiw and Kasuya 1993). The declining supply of1e.tfishecroenof Otuchi regionin lwarcPr(S"55·-rlc.l
dolphin mearwassubstituted by DaUs' por(Phocomoi 40025'N,J>acifco:1ss~r0r1.aidharpoon fishefordol
rles rlntake n by hah~epooa fisheryin non heroJapiltphi' :md porpo( usig rolciqu~ lt".arnecl fro m billfish
This imponar ion continue~.x. isr homers who seasonalty .migrated from Chiba Prefecture
40 E~vSci•'olR~l14(1)2!<J,
359 Conservation Biology Japanese Whaling
(34"5v'-35°50'NPacif~-oa shi)accompanied ao iotro ioside. Fish boxtil<or ru:•y not have fish pockets. T ile
dttcrioo of rnotordr ive.wssekiThey sooo umoduc<'d si.zev~irbl (u., fishgu. idecao measllJ'1krn lorJg.
shou ~-sgwuse bdo r<'har poorung, and cxpnn dcd th<'opctaarcda~ fsi<1-d Jargc-scaandsmall..scatrapnetS,
tion range to Chiba PreiecLure in the sLOLheCe>a>'U'.the forrr"'r Itavihbox de., plhan 17 rn (over 17 rn in
ofSa hkliaod Kuril fslands iu rbe uorr.b duringr he 1933-34a PreJf.)and rbe hrrer. box Jess rha o r.he dept b.
~l'.3 (1\ou.1983 ). T his rocthod e-xpanded bciore-auThe number :and-$t';a-ofope r:nion var}' between years
ter WorlWar li to villagthe Seaof JaJ"'Okhotsk~~" and b~rwo ~eets, bot then; wer1.742 lrges~l eand
~ndPacif<ccoast forvarious dolphins and porpoises for tnear,rn:all--sda le rrap nets oin !989(fobay;una
oiand Jt-atlwr,(WCLsL '1953,Ka"')"1982). but the post~\al.'1992).'he nt't!<acl.'usua lly visi&y'forfi sh.
w::nc:xpansio:UbnOshrunktolwatd PrC:fct~and thtSnr Some of LhLimp ntis are equipped wit h fish detector s. The
rou.odlnareaprobabl y due theeud of food crise.sor tosize aod posit ion oJ rra p nets a.reinlicenses :111d
-ao increased whale meat supply irom the wlndu~r.ry 1.0arbitrary a ltera~possible~o.it is un,likely for fish
Duringthe1960s to 1970s, bnnd harpoofishery walim erJTten to n 1ove Lhei r Lra_pnets toe-cJmc~nasarto
likdy to be capt nThi.makes Lhe tra p net fishery differ
iced to villalnlwate and l'vuy"gi (37"50 '-38"55'N / Pre
fe<t:ures in tbe non.Jap~n,~nd w Chos h(3S 55'N, ent from ot her Jap<Jnese cemo!1aofisbel•ies.
Chiba Pr<.')f.and 'faiji, Allof these places arc on t'radkiona ll.)apaconsi dered cecacecakcn inritrmp
coast. In tfi" two prefecwres<heymain ly tooDaH'" ners as '!rtcide ntal catch ', whilefisbwih~dcorn
porpoistifJwinter whecoLherfishing item; er~cr ac., me rciIvalue w• dealtasthe'c;u.'.T hcau heacce t<p'<~
and the laner two villages also rook srcipe<:l:~ttdinshen Fisheries Agency p,-ohibited fishetmeot from conm..er
sorne otrddr hinids (Ohsur1972, Kasuya 1982, Miy.<· cally 1ihlnt1he~w hale ear~lfl ound<i1Lbe LrspOL't"·
zaki1983)Anrllla l catrb of Dall 's pbypthis fosbety hutrhe Ageucychanged rberuleilJul 2001 ro permithe
during the period nored above fll!ctuared between 5,0$elliog of whales fotutd in tt'withua cottdition that
IO,Ollindivid ual$, and tlH'tOLalcatc h ofthpace~ter the fishermen rre..DNAl samp le:'<and provide ci)SL
fluctuated betwe.2,00and 3,000. ltile early l9SOs thefor teg.istt•aAlhtou~b the new nole does not ap ply to
Dall's pot j:o' ise fisher y o.gaw expatl ded tbe geoblue. wha l{Ba/,1mopm t11t-l4S),bowhea d wltales
ro nge to Hokkaldo coasts (nott hcmmos t .]theP;J.i (IJaf a ~ntatus ) a11d (inJess porpoises (Neop/JoC(Iena
cifttheSi>aojapan, andrh•Ok hotsk Sea, and Lhe ope.-.thrk4i!f!l}iwhich are protec ted sepa r\S'-"below),
rinse<~ sosummer, pceswua bly accomp'<lnbydecline :J[[other cerace<UJStakwn Jap:tnese rr:tp nets are now
iuwhalemeatsupplyand byanabttodanc<"dccliJteo fa Dall'surhociz:ed ro be so ld. for profir. Thistbe-sam~ion
porpoise popu lallon wintering off the hvate and Miyafo r ot her fish sptakn~In the tr:ap nets. 'l he Lrap net
coasc;s(Kasuya and Mlyas1989). 1r<'Codred a lpeak Hshery isn oa!rutt' a mul ri-spec ies fish.ety, and whales sbotdd
catcesimald L't 45,600 Dall's porp6 is19SS(Kas uya now ~consi dere asdonc of the t'argetspecie:).
'192). T hisc6i ncidcd t.hrcrio d i'the<:dsalion of
Tobayama er:1.(!992)observed rbar an aveiage onmof-r
commerd;•lwh<~l tihegesD!blisb.roemof a nadona lquormirrkc or otlt •>r halt-en whales (d£':ldor alivi cfou J\d in L<
forsrmII ceracn fisheries.
Japanesetra p nets was only seven an imayearw hkh.
At Nago in Ok inaw:> Prtn· r.:, southernrnosL Japan.twa~,Loo srfna~s wrnr~w rih 1bc resn lls <if ~aptre
is a so-called cross-how fishe ry fo r/\Itboug h Lbisnds rn.onilon:by thum, Considerinthe exrrernely high
fisherisclassifiashand harpoon fisher)' for regula tionlue of miukwhalestake n iu uap nets aso lsec.ru,y
~'urpo isuses. sid of c.ross-bo w or canwu lt po,vcr6,400 ro 40,200 USdolk,cperwh.ll" (when rhc U5do llar
byrubber strings&~c harg ha rpoons of steel pipe. Si.was<XJ toI~4~yen), Lhey speeufaredTTI"oi 11 rninke
s~ve fshe rmen sta n ed ih~ey in 197.to respond to whalestn n~it'ch net.<we ro procl',$ed unrepo rtedly and
the loca l de!llllnd for pilot whale mwasnot satis rl\athe reaJJtumbeof tuioke whales rtinr,he tnl p uers
fied since the cessation of opporru.oistic driviug atwould.becloseto100 or morein rhe en ti<~op.11tltis is
The.rtb .rpbowr~edharpoo n was proba bly more crful theca~ cbc mort• .lit)' o( rninkt' whjap3nCu Lr<p'
tha n the hand harpoon. T his funcrioued iu order ro nets can have a sign ifeffe.oJt management .
the use of a whaling cannon, wwa~allowed (or 'whal
Tb..new n~e o[2001restd redaisudden inC'xe-asoef minke
ing'cwlI>)Lbe Japa negowrnm r~1..xcross -lww iishe rwhales reported as ber~ke intrap nets 120- t30indi
men obtainedprefecr t<te licens1989.and s~ an au
tonomo lls catch limit of 100 lnd!nordetc~lucd to viduals a year. Jr1addi tion Lo minke wha l.csand ot her small
cetaceans, tr<tp nets occasionall y talc< ot.ber large baleen
£pecics)lo 1993,rhey r('ceiaequ,otb)'spt>cies. w btesS.pei·sofJX1tic~.c.o.nee~ergl'lwb~ I<'(SEscllrt
'I h<'number of lmnd harpoon fishwin rfoe2000/01 sea rhMus robt!S1:ws),h11bpa~wkbttles(Meg:;pre-r101'.70-
sonwas 255for Dall's porpoises (H<Jkk17;lwat~223; mrgtitJif/,and rig bt whales(E.i<hai.?etwiti/ J<Jni«lj le.g. Kasuya
Aoruoo·i<8;,wMiy.agi7), 16 forChi ba, 100 fol'Wak:Jyamet~1 .002, I: IC2006ct).
a nd:;ifo r O ki.twwa.
2 Commercl .al Exploitation of Cetaceans In Japan
1A Trap-netflshery 2.1 Backgroll1nd
Trap net is p~s v.£<sb.inggear 3fla.rge :mucr ure, witThe J•pa nese govemmem accepced the decision of a mora
fihguide cxt..nding from shore to oifsho re "" d a fitorium on colmme lrhalig as establis bydthe IWC,
arr<~c ouhehdoff hsl'm~ oi the fish guidkeep fish ~ndbannc!d so:rcaiJe d tammc rciaJ wltal ing<)n I April 19SS
InvS<:lPnlluo1-el< i41I) ?<Y7'J
41
360Japanese Whaling Conservation Biology
Tallie C4lc1Aolo~eta lor smce~at& e:n993. togelher v.tlhccogainsiMn <>lhrs(modilad hom unpllt>IIOheddocument ollhe
FI>Mne• ,._dated .JinlllfY 1900)
Speciee/Sioci\S Ablmden•:e lnc~e raee Sate~)ctor Specllloll ocllfoQuoll1993 Annuolcatch
(1989-1992)
D•h-p~o 226.000 0.04 g,ooo 12,6&-2!1,0484-
Troe>~ 'ypo 217.000 0.04 8.700
Sll•pod d. 22.500 o.oa +50 725 7411-1.225°
BoCianoced 35.100 0.03 +50 1.100 t7 t- 1,298
Spoiled. 30, 100 0.03 +50 950 1;-636
Ri-'sd 42.000 0.03 +50 1,'300 13- 298
s•,•.pilow. 20,'300 0.02 +50 450 14~296'
1
N° s.poiOIW 5.000 0.02 0.5 so IQ- 50
Fo.J. kiNerw. 0.02
5.000 0.5 so 30- 91
Bolrd'• bkd.w 54'
' 0<~otwo &loci<•ofOwl's porp<>tsesoffJapan:• Southstock• of arMe·dpoot t whole&offJapan,' Qurrt991 With a
oombinl!dfilof 17.6JOuo1astarted199with1,000; •Quota$tin t&92wllh400. 'Avera! management attIn1983-85 .a
quotao50 woo &lorin1988; ''QJo tse t ot 40 in (i1988) and 54 (ih 19lhe PociflOl<hotsk Se atothe current
quotoof62 fthPoc~ciOi<noo;kS eo onolJapa n (IWC 1992)
tscebelow for fun hdctoi TLh~~r-hibitioap plitorrl)• individuakilled iuddc nt.'heba~'iorsekctingLbth,...-
to ixllrettwhalt'SSretliwbales. Uninrendeot~cciden 5pt"('istulde.u. nod thesignifiC'aocelistinCorcon
ral klllsnre accepted with no f!Cnalry.Moecct;~C"e St<'v\no~isduhiou •.
'' k11ow10occur mcrdentalltO\'3Non•net fisherieswrthln
'Ihe Cllfllll'Chuntir1gofr:etlt<'311allowL-cooly for
th~ )ap:.ntse EEZ •uc~'usu1gtrawl netS, li'<edtrap"""'
htlso callc•d 's"t nelitem! tmJtsb.rioo of Jar-ancse species<1nsrockswh~l\< "~annn atclquora issetbyrbe
term), drifqull nbottorngiIIneL-<a.ru~>esd 'nhe;.. Fisheries Asrocy fTablrE:<cepooostothis mle are nap
net li•hcry,.:ul oiihrrn~ltlilrinnq;; i~.s:ndnhe
arethouj:!hrto unavoid andlbol·aricubr acrioohas
b«o tak ~tpr-esentode<:r•!ase the morta.liry. rake fora icienrdpurpose.
R~so1 f1rcoounu.iog corurl.lt'rciaJhunTingof some s=ll
cnacnn• i$ha<ed on an inu·rprt't.uion of the ICRW. Rio2 Ob)oc:Uvot pee!M and quota
logicallspeakingthere no distinctiobetween 'dolphins/ 'Ibe o~rion- •U Od3ystem br speciiiSisto~me inro
porpoiSe<'nd 'whales'and btologiStmay haveuouble io effect in 1993 aod contintor~i s ttJlmostno change.;
in the nurnhe3• well aonvoh'mg otherret:."'larnea
ci.J•~•i omfcyc:tg<.'a!l~i!<-os>eitheof the!UOU!">·
Howe•~ ttisalsrrue thamany hu.rnancommunities ba•·e sutcs such as ''es111afishing=ons. Tbi9smbk-rnaa
some kindolethnol odsinc.o~betw~ the two words. -agernem(XliL-ywilb~ud iet.'<'tatr•11dinthe affeeted
'I bdistinctiorrt;nor betbuame between communit ies. cet.acean ror>ulations .'I UO!as weC31culatefor Sp<!·
~1111\oC f WlC:o$ compc1em:e-'OI'from the ambigu c[. n,d~~toc foswhich '"' abundanceof eti~attew:a;
ity otern"'10the ICR\Vsigned m1946. It s=mstoddine <1vnilbllby mu hiplyutg aodiJee, aJJincrearare o( tb...
1
Whaling•1.0 n~ctivui (hy nirtgwhales b~tthereis no popu l:tt~nd soft't)'faeand;ruetadd<ag~figu :rso·
definitio n wh~le'.It iprobably true talmon~ oL:lel ci.atwwit spe,ifi:Uo~tio .ns
~!r'31t ehsUJ«tingia 1946 have rhoughr about sma ll ceTh.:-abttndancWASesritrlilbysishtingsurve(Mi~·~i sh
tQ(' u. or howexpected suJ<cetaceansto be lisrin dle
31!clld.l of fulur ca nnu•lmef.IWC. IIowcvc r, it i:<truc91 <1nd19!1.IWG 1992 ond 1993 ''.cy werettsually
accompanied by broad 95% l'Urflidennterv ~aoileoex·
tha SOJUloJ1IHStrtaCt'l: oJso'k$~areSCheavily hnud ctxxliog 5()%oc-,1<sideo1he nw:ont.'Stima. be useof"
or 1-i.llcd iucic.clntavicCOIL,rvaLi ncnoce~•r·on"'
1\XICcorrui ni~r "sw Wt<hto platethehuntingofsm;, II ll lCv,tlofc<t1d1 csrim :s~r"lll'anicby 3l:!rgc risk
Anoth ·~rnC<'rnof tabun daucc csrimarercl:uW.rorhe
<ct.. lq;cBcaiu';bt"akc·whalewhichgrwo:over '0m. di<crep•n<-OOIWt'edteor~ll)inMt'a ()ffisherond COV
and )aJ'Ipor['!li<cwhith h uutrht!av iuudrtrthe COil•
engc of th3~burrd t•trntes.C:ue is rmde to .,dde
rtolofrh ~\'IVC,ttotber.soduding Japan , reiit. Cur indivi dfshortof thfisblug grounalthough rhe near
rently rr<Juyof tbe small ceta.cenor managed by the
IWC, JuJ they nrc not bou nd t hemoratorium ol corn· shore \yqters indudfor thestimationarestill too broad.
For <:~Cl earnf1np.<cpiltwhaledrivins ,,,.Jore rate>
mercia)whalinll"doptcdin 1982. within amdiusol 15-10ueutical mile; (2S-37 km) from thc
In 1993,theFi~he i\eut;'ot theGovernment ofJapan bJrbor.while th•bunJa .si~atesincludentire roastal
(llac:Ihn:c cr:taccan >'J"blew~hale:;,bowh<"adwhal~ "'OII<r:<nppmxirr•ld within 200 nautical milt:s(370 krn) lrorn
30d fin.lessporpois..-:;,the wnbreUa of theFisberi~ theshore.lnforn-nuoo ou ruoverl\emof cctaceaosor on stock
R~Utce Protection Act. Ounow te~ui -spe.:iaJ>C•· structurewirbin thtaoge it ne«<e~for ehe abundance
mir toutke these species, ir d<!mandsthe reponiDg oC es~irom re.cserr<'is abast!orquom ~IC11. .1orioo
42
361 Conservatio n Biology Japanese Whaling
Tbe wcrease rate was aSsd ar 4% fot·Dall's porpoisetogetbeJ'.Howevedifii~ arettbee-xpected iodividing
(partAllsyu1p~tr rioc,lor motphs), 3% for bottlenostheq110t:t.amwtg uw1.ehdod harpoon fisherm;~,swell
dolphin(T~Ir:;:tmc.'ltm;striped dolphin, spotted doascofleeticatch stat.istic;from them Collectingcatch sta
r hin,Stmellattemraw)and Risso's dolphiu, aud 2% fotistic:sisalso a responsibility of the prefectures, but tbe pre
short-finned pilot whatwo geographical forms) andfafe<:ntres usual.ly request that the tasks be anributed to the
killewh.~( ls~suo.rc<<•>idms)-The order of rJfig- fi•hercoope.rative unions. In ca.<esoporro ise fish
1lres (frrbegr~~e ~otbesm~l!l'wt~s3SS1Jllgesredby cry in oord1J~pan a,'ceas'11ntlttg'order isby:aued
l-iologists·ooscrh~netttderst<\nding of the lifehistory, iation of hunt ers or by rhe preiecwre governor
bl\t the '\ctMIur<s er~bov tbe'evelsugg~ tybi;l (Thormon2000) , probablybased on landing records of frsh
erycoope.rctrun.io JJS.
ologfstS of t~tS~easFisherieRc~srch Ulboratorin
dueling mysellwas ~lsrue h~ toscieJJtisrs woulvcb>1Catch•~ati oflails~orpoi•o flshcrwas oncefonncl
been~1: 10 rs<>.suGh figut<'$with certainty, A q\toro for
cocotn-:~~inifaimcunderr>orting(Kasuya 1992)~-~h
B;idr'be-Jked wb<tSt:\ in'1~e3(IWC 1992)b~se ond ermcn usnalljlondectheicatch at lheir mothrort or
political judgm<'m, uns cvcnttUy fouttd be about snme other p<:.rt,, npbceo ioperatiohutt hq could
I%ofa humbttecesm~iw•obr ineldter(IWC1 ).C1i:;
selrheir GJtclhdiretodealer,;. In(ah~aserhe card\
proce~ inores !he differe npopulation •lsbecween was unlikcly j:o be iucludedSt-dtisof thcoop e~•
swck~ M.ostof thcu rrently e.xploited c•rocks off
Jopanhavea long history ofharvest .•eve oldeple tive wtiotLS(Kasuya 19Th~r~ -emproc·essofc·olleccing
catch~tatiS stems lOhe th:<me., in rrinci ple, with the
tiou e:Jnnhethesarrlt!. oneexami ned by K,JSuya( 1991], All th" h• nf~<hpoon
The safetl•cro of0.5wru;set fothe nonh or;u foofTI erme n rnentiu·nat above canrrocestheir t.."at.he.
sohn-lnt~dpilot '"hale• and ialsc kialaren~funo oteay ur hriug Lhem to the porL ly_the fo umber t-:na
have t.heesi.lmated frtheweightofmeac anditlcm if1-
tionl-c.l""a ,., fforsuc.srm lpo pukttions. ~pe
cial alloc-ationsocomributed to increasing the quotaorion of species/stocks must relyoJJreports of iisb<.>rmeonr
-!Jove figurobcaint'i:Jfnbuudanceestirn:;and as~ grogt':lpbical regitheopcmtton, seems to beimpor
tam, boweve.~o V3lidateta<·cu rfrcey3tch>1'3isttics
surru:d-incrt-a;,-erannc-cnJeto Inne.t'-)UOdo!'fe
totht: prcvic)rcponcdcatchc. . Compar4ofLbcquota ofsmall cetacean fisheries.
11gains1catthtso f preceding seasons will finfwimilarity
Annt.all<'kles of stnallrerac.eans iJJ•'ecent Ulyears:ar e li$ted
tweeu thtwo sets of1gures. ln l3.h3. An lnt<!tprernoforbcsfigureis oftdiffi
cultbocaUJ;e;>inJgespeciesarc by multrypefisrhi~
2.3 Allocation ol quotat'lnd ope<ationl of diffeccl•J"'ltioPot <,'xamp stripedol phinar~
hunted in Cbib<1{Jwnd h-Mpoon). Shi:luoka (d~nding)
The uaciooaquo~d iTable I )s first diHeremby the
FisherieAgency to ·eprefecturand hen by1hepreec Wakllyarna(d.rivingand handharpoon),sou thet.nformshorr
fiOJJedpl t whalin Cbioo(sml ~-ty whc~li naed at
nttegovemor to each fishery of the prefecture (TablW~daut a)aayama (sma ll-type wha~t'l".ijiand dr iv
Not aUoft be uational quora·sseem ro bebyaprefec
turt:S. l'o·r <!X,~nprefecturota of thRisso'dol· io!l),»ad Oki11awa (cross-bow fishery"' Nago),and Baird's
he <e~whales itb~Padlk. Okho tsSea and SofJapan.
phin•[UOta~on ly halfthenar.ionai<[UOaL.' 1t is urgeod~r .cnce.iisbcci.esof diffcremJoctr~oJJs
The process of allocating the quota to individual fhumingth<'sa11eopttlation.ifhumcrs in differem loca
isunltnow n. It will be easier ror drive fisheries, where eachnridifferepopuJ~ti Sttnsq.<'tSions hove
been resolved lor noneoth~rcspec m ec oncdabovC'.
pr<!fiXtttcebas onlyot1egroupof ddvc fil bo work.
Table 2: Allocation of <:atchqtindiVidual ffsheri!>s(2004105season)
Specfes a~locks A.lloca tion to fioltetle8 and pre!e<>tures Nation al total
~ond~apoon driVln~ •m•II·IYP<• whalit\9 tt. I
Dell'>, daNHype 9.000 9.000 9.000
Dtlll's p.,/f(lei-t>Jpe 8,420 8,420 8,700
Slridd J)Ij:tin tao• 520 " 700 725
Spottdoph~i 70c 8ss • 925 950
tt o• 1 1,075
Botttose dd phln 965 1,100
Ri•sodc~hin. 25o" 3001 20 570 t ,300
N,short· jw.l<>t 50 50 50
S.shOJt·f, pilotw . too• 300 " 50 450 450
FalSe kill,. wllale to • 40' 50 50
Baird'sbeaw.d 62 il2 il2
' 80 fot Chtba <md 100 for70 lor S!Vzu()keand 450 fa Wakeyama; ' fCfWakaymna' ' 450 fot StiiZU<>Kaand 400 for WaKayama: ' 100
101Wal<ayomaand IOl.<V;/751r Shltl.tollfo Wal<~0 t-yf<mkoir;nlr v/l.yma
43
362Japanese Whaling
Conservation Biology
TabI&3:ocentc.ld>olsmallceta•...an&by\liNing , danclllohorpo<691enlnJopenQlllng not lnc:IUded•
Speclfl Dall'!>Ofl»i~Stri~d. Sj)oned. Bottle-ooeed RiM<>'•. SllotH p.W. ~su.w. e.ra~
dallr ttuei soulh norlh bk.w.
Quota i .OOO 8.420 700 925 1,075 570 450 50 50 54-az .
1995 7.002 5.394 539 105 rns 405 189 50 49 54
1996 8.038 8,062 303 67 314 372 434
50 40 54
1007 8.533 10.007 1302 23 952 :!211 297 50 43 54
1008 5,303 6,082 449 460 266 445 10<1 38 48 54
1009 6.379 8,428 596 38 749 489 334 60 5 62
2000 7.!>13 8.658 300 39 1.426 soo 254 50 8 62
2001 8.430 8.220 484 10 247 474 344 47 45 62
2002 7.614 8,335 642 418 801 387 129 47 7 62
2003 8,308 7 412 45Q 132 180 118 42
378 21 62
2004 4,614 9,175 661 2 532 511 153 13 3 62
.Ouotta.gtvfor ftd~ asn•M1tch'Jenesb.etwt*lnlishenes.butuauaJiystart$10.su.mmarandandla'" thacpnngofthe nextyear.butcatch
atodaticrgiVIforeolendatPr.eefootnor&ir-'fable 1
2.4 Management of sma ll ceta•ceano and IWC competenthe nonhern foo·mandwestof J55'E,.md is huntt>dby drive
fishet'Yat Thiji, cross bow ~tNagoy~Hd small-type
The Svl>-comrruure on SmaCeta~ n-wa'aestlth~b.bd
tb ~'\XnlJun 197.3,and had their fim meeting In April31inJ,!The wirseo~r~ iplgucsf.bJsourhem form
~ndof fisheries horvestiw,~:rurfurruer srudy on rbe
l974. In .Junr 1975,r~comm. •ndhat it should c<>n
tin uh~activiOn rnanag~r onse nlc.-tacea~the popub rions trunure TI1isform has highestcomtneycialvalue
StandingSub-\..ornrnittt.'CoC..taln~ctM'),and1hi< among d~lplo ifniadan, and has been ptusued rigor
ously. Whilt th< c3wa. greater Ulthe p3st, e.g, Jne::tn
was aprrowd a1th ~WC mt!ctingof th<'""""'month.
annual Ottch was 450 ind.i,•iduals in r.ht>I0 year period of
"I he SM ha~;rc eo.n1t~ :nne,thefir ~t~ing on the 1976-1985 ln10s1of whichwere t•len offTaiji, Wak.ayama
>WillSof Mmll CC13ce1nshan'I.'Sledl>yjapanes<: (i;hcl'reL), the rc-c<•n1t0yo rannuol catch basne,·crreachedrht
and '"'in••<'Cithc:ir>1atufrs. ondnsioll$ of SM>wrc <JUOlof 450/yea(~o 'able 3). 'I~pcci weslastre
:1lway~rprov bydC:1nd l:w!ca.>Cadvic.. for Jaron. viewed b:-r•he SC in 1992 (1\XCI:1992and 1993),
l'hJ•IX"'"~;o,-c rccc:cc:mnuch of thi:oadvice•nd
t2)Striped dolphin. This speociesoffjapon i.nhabitssourb of
auc:mrtcdlorc:.,pondto them in faitnJrlnebot SCi• 40°:-Jand tt30~ exwu lsoffshoreto ISO•, :10dbas been
sl'liluucon>·incedthat the cw·reot Japanese explootation of
smaiiiX't3ceaISsustainablt . rak<'nin largr numbers by drive fishery off lzu coosrs. A
smaUnum~ is<"urrel r:akeooffChosbi (haod harpoon),
Although it:.ppearsliMr.h b1 1M has been aurhorized off In• (drive), and off Taiji (drive aud band harpoon ) and
towork furno ~ager f m aro:taca11>by IWC iJon" nearby villagcsofTaiji(h3nd harpoon).Tbe popvbtioosrruc
l975, Japau u...,<..~p isvie<,at lea ~ice 1981 m~ iund~term in e.elC considereiiro be lik-elr
when I first artend.d the SC,.that activities of SC tb3t .1lmosr \'Mishingcoastal fi;he.ryfoethis speciesand the
~M) 0 1~onaclcta~d shoILdI-Xl'imited to biological mpr..,.eo(clarge dS{;'"'u (497,000 individuals, with
tetb aud shall nor include ad•·i,-.,on 11A.nd t!tis CV:0. 18) inoffshore:w·.tJcr' and ovailoblc biological infor·
vi•wiscopied;,, the current activities of SM. Howevem.11ion $Uggetb~ preseuec ot ht-avily dcplctL-dcoa<tal
not know thdeti ~ofthis ha<:kgrouuJ. popu~toin(s S) ir.t~"J"~ >On<en on this stock \n
l91S.anola<trcvitw<'dit in 1993 (IWC 199.3, 1994,
1o =k~ the •ituotion wo"c, Ja~taned to boycoll all 1995 and 1998),
th•t1t'tiviof the SM in 20\ll, ind tJdingthe participation
(3)Bni•·d'sbeakewlu~l!lltis spedes of Japao birsn
of sciemist.s.and sublrlission of statistics and researd\ te
sulrs. Thi~prob b) he eas,iest way to avoid criri.dsm onenoNunh l.'ncifi•·nonh of 34°30'N, Okhots.k S.-a,and
JJpnac:lll.lnogcrnepolicofsrnalct'UJC:J:buLcscpa thos.~of Japan. and is hunted by srnall-typ<'whaling lll
toc:11r~tl::1l.uiou .strunu ,.le,u:oual moveTnenr is
ing fron,cd ljci"rll iutbt!ri!{kof rnanngcrnem failing.
ro hoda o·ifit·d andq uOU>ue..d toeva luattbas..J
Following is" brr\?v i~•owsidetatioos ofSCm;tde onthat informJtion. Ptl!<·twarstat i•tit."'bdoret hc rnid-1970s
on some selected ceraccnnspecies ta _nlp:~lt.rcr
inrortn:nion~VitbbJ e1Lh~•ererence-s. arc believed <'OIIin poa.-hed and mislabe led spenn
whaks , <o tsrat ij~OVt'rrcport Litetru<'(Ka~uya
1999). A biological explanation Is "i ll mug ht for Lhe un·
~I)Sht>rt-finncdpiwhal T~hisspt"cics has two, morpho
log~lcyadi.tinc t, g("Ogrnrhicalform:<,the 'nonhern form')•greatcrrtlAielongevity(85yearsvs.SS years)(K3suya
and th~'southern form' off j.ipan, and is known ro have a 199La:nreviewedin2000 tiWC 1992,199 4, :!001),
out nlinesoe~ srrcmre and along post-reproduclife- (41nail's porpoi'lwo pupu13tiorcprl:l<thi$sp«:ics
rintorfemales(Kasura and Tai 1993).The former inhabLofJf~pa 'h.one,J,1//t-1)'pcIorrph,winter.!inthe Sea
the I'Acificcoasts at latitudes of 36°- +4"N and is ofJ3JXI!aIrnigro ttlW~tti'Tl(b'.r-a<dinggrotUidinsouth
by stnall·type whaling at 111«1IIDuallevel of aboor em Okhotsl; Sev~the east and west coasrs of Hokkaido.
c..-nrof the stock. 1lte laner inhabits a broad areaAnothe1popularioo, dlt'tnuN ype color morph, winrers off
44
363 ConservationBiology JapaneseWhahng
the Pacifcoastof laJ>.'Onorth of .iS"!bceedi w tbe generIpublic-inoattoll:ll=s11ner.he c:icismeans
centralOkhor •.,.Ih<·.an:known to!,g<'Ogfllphicallythat sOnX'whale poplllat.ionswcceconsideredSCyrohe
segr~t bydgrowrb and reproductive s3$gwell~rb beat or above 55% of tinitiapopubuoo lc,·cl~om
ropulations are humed byjap.1oese bautl-hf~bery. nll'rci:exploirnble ldefined byrbe 'om;•o~l!emcm
Fewd<t/11-l"ndivt dfuabr~populat1on(s)minglewith proc<.'dui'plc=mcd since t1975176AnrocCli,·se\Sou
J:~p:~ populuions oloofl rbe l"dcjficcoasts of nonhand the1976 coamrsea~n.
Japan.The oc,,tracy of cstati.,ic• and reliabilit yoThe SC was·~>c~' toteddisthe IWC arlllltaUyorhe
rent reportsy~te reed.tohe confirrr1This~pt'ci.,;
was forslistefurSCco n~idei rain 1975,andwas lasr Ur~oagem oewnt,1lsrocks, but tr recogmzeddifft
culrin~pplyingtheDt'W ~o~gemco rt'OCedl•rcwb~lc
r~vi( 'n2v1)1IIWC 1992. 1993, 2002. 2003, 2004). stoc ks dtothelack of Sltfficicnrscdot a, athere
(5) Finless pot·poise. T'bissinhabitcoastaware.··s were ofted[verscviews, which were both optim~udic
solJrh of 36°30At le.lfivelocalpopulationsknown peS>;irrtisti.clf the Sndvi~'1he IWConyuoms, the
offJapnn lro111rhemot·phol and~gcm:tic ay~. i:n< TWC would m.•lntap~> •IOUl"whichw~r e(t•nhigh Or
m•ke auyatbir deciion todd~Y•t·ffccrnt:wog~rucnr.
ab undanceis known for sor'llestock~'Ih.: density nf
Inla nSea popularion has declined ro less than 10% (cenvoisuchsintatlonl o happt~hSC ofteu created ad
rtal~nd c-asrOrrgioo) oto 50-60%fw~st leei't1)of vice U..«inegveryavall•b at thtill''his was C'l:lled
'bessci.enti(icadvba~don '~btavi1ab~lln(orHtaliou'.
rhe levelof rhe lare 1970s. EMaoglembocromgilioell!
and ~cutrulnti oorosulUJtl'.IX'"'If,lrco~to their Suehadvicecc•Ltldevenn<ally befound w•·oogaftera f<"'o)l'e<!J'$
~uriva !Kasuyn~·al.200'2).'Ihi• •iLUatcornr arah lc ~ccu ular ifauditional datA.Antarct"h~Ji&•lam
opreroborea/iwhichwas protectt>dsincerhe 1!17817s9ea
tothaiofC'OilSsr rcis inIe Y"l\j:I;ZCRi(WangCt
al.2005) and perhap10other poru larious of the roasrall,rcpreseilon<'of'uchrose:~v nifSC rrovidec.ltor
riYerinespecies.Lasr r.-viewed05 (TWC200I. 2006b). recadviL'<!:1nd the :1<:ccpi,tht•rw~r~J'O''-'ibiliti~s
ThaTthed&isiCn·dsnot follorelinblSou~coveron.ents
(6) Minke whale. aprarcndy rea:nt decline of Ancarctic
mjnke whalc•(IJ.,J.r,nrb.ot~.ter il'lrrScooctrn couldobjeciufora tigof freewh.11t. r industryrutght
ignorrher.gularion and rroke illegulopcmtioos. l bis w3s
of the SCInthe western NorPacifitw r•tocb migrare nor mm~r of n.antscienceura problemof hlJI'rulnskill
S<"Jsonalalonj: tcoas of.•"'n ($L'oijapan/Yellow touse scie.otto coot.rolinduS'rrie9l.lnsituation,,
Sealf..athino Sea '<lodand Okhotsk <>eaJw<'lacilic
hurmn wi<dornrould uni)'SLopfunh derleuonof.rorne
~toc.kA)di<eussioh.1l:cn cominuiog by thcSC conct'rnrermining whale <tocks.kuub of oockground tnforrm
inJ:t!addition:11oc:sktructur1hc:.epopuL,tions.·1heytioo bauotNx>owell understood jop;ut .
are curremly lenby Jaran<oscicutifwhnling and trap
oe1.fIShery Jaran ood Kor<a. Ihi• speba:~«n dis 32 Emorgen•,. of current seientlfprogramll ng
cuss..annually btheSC EffonNutiou t~estinlilte inci
dentalmortalities usingrrsurwyao dDNA resting(see Aride VIII th ~CH\Vsignedin 1946 authorit.co.lor rncm
'revrs.lan.a~: prrcneuet.'bycarchand other human ber goYernm<IIL'grantnotional< to tany nu111hcrtlf
induc.•d rnortah~nt,'lNI\tc,Linf:SC Report• ). aoYwhale sreciefor scientific pUtpoie independently of
aayother dec·iso( tbecommission. The artialsore
3 Sclenllll e Whaling qll.ea iull mitization uf l';IC<':IS>etaken,Thi s
h.asbeeusedbyvarious governmcmsas the b\lfor their
3.1 Mon tcrfum commerciawnaltng scienrific whnliprogrJms (seC:lmbc lll999 for suc.h
IWC £irsreceiv ptopos;JIfor rmom roriumof com cases).japan esesciemifin gobcat.i~n 1r5~dod
merci;lwha linin 1972, ;:~dop li1wirlubrce-qt •arrcrtook nvo :-JorP0c1ifrighwhHics,whichwtts(ollowcc.{
byseveral orsci<'ntiiic whopio··~onofSapon'Ihcse
mojorir:n the 34"'aumtalf'ngtiin 1982 to commcr
ci:llha linfrom the 1985/pda~csmson bw d986 programsWCI'differ·cfrorthecurreut scrof .Jal".tucs.:
C0<1St,11S<'<ISOn. scicnriftc wl\1lling progrorn in the shone •• duc.Hiou und
sm"JlleouJ:rlbcrswhal" t~ber:1kc.n.
Japan locJsobjectionStothdecision fomorotoJ'iurnof
l'rep;uation fort hec'~rifnelso:1m·,cscienlwha l
cormner<"iwhaling(lWC 1984).'Objecrionis a right of
nwtoririe~llow bytheICRW, and liafunctioneto d.i inprograr tnLit 9S4,two ye: ~efsrtheWtthdrnwal
lninisrmnagen•ent n1u1·essupported bymajorities.Theu,fobjectionagin~ tehrrorMorium on commcrdolwho l
ing. July oth rear," privadvisory~rou,ofthe Di
dnc tointCI'0>11pJre~Ut j<an,withdrewth ~bjections
in.July 198wiLitt~ hteertl tM• Y)987 (i\ut:Jrct.i)c, JrorCencraIofrhe Fi,.h,\~cn'proyuced o rerort on
Octolw 1987(co b'lelnwlalc!!li•mJI Aptil l988(coaStalfuturofJapan w.h~~li ngi,h includedpropo Is~
of sciemifk wbal[in The1\Jmlrctk Afmon thsprior to
•rerrn whJ icsl /1988a and J•pan p,..,.;dsplan of
soemificw tosaatrnthetntarctic .e.1of 19!:7/SS rrusrheIWC.rommiosionero( J~p3non1•encdsmt~llm('('T
(JWC!98Rb) .lithe meetingotbt IWCinJune 1987. ingorrhe FarSeasl"isbcriesResearboN lOrin Shimizu.
According tomy not",th~Jnendantswe~ staff from the
TheJapanl'S<f':OI'crntnent:wd the indusH)'gtoup criwhalingsect~ oi'heFi~her AgencywhA~o leci~m of >ll;
d1e morarotium by saying rh.11the .k.ocisioowas notT.hcLab (including myself)and persothe1\yodo Hogci
on sc~mif •vcid~n A~. thiview bas beeaccept«!by Co . lrd. (only pelagic whCOU\f"Ulof rhtime inJ•-
45
364Japanese Whaling Conservation Biology
rao),:~otdeage~t dcluded feasibilityof scieonfic wVesselsused for tbe cutJal"•oesscieotific whaling in
insintbe AJltamiandNott11Pacific.These a(e tbeeadi<cl~d onc wh~li fotoryship which processtbe C3tch
Iknow 01Japalll'>eactoonsthe curres~itofsc~eotific aod scrv3~>oces<':lbhc. thriX'wbalecatcberand sight
wbollingrot:ram rng"""""!anJ ad.,di wc:ae rJhtmg,·~1 Tt.,.., are
used bothintheAnt~t andcNonh 1\•cific.lo addition ro
1 hcu, a group of whscicnti.of tbcJal"'ncflOV~rn these, another dcdit'i~;b Vt<'rJ~raller ryuippt>d
mcm wn~osk~ 10create the plan. Membofthegroup,
chairedlly thl~t ce I. lkt:c!J, were aident~i(o with <cicmific ec>Onudcrand four .r·my~llwhali11g
bo:nsMe IL~ '"edhN~onh Pacific(IWC 2005).
Jnrancsescicnrificdelegatesm the SC.·rheconditionsJli'·en
to the grour incluti:ltheproica (1sh~U be,..s":t 3.3 Expansionol thesclentlllcwhalingprogram
talnoblc and (2) shall t«tUirt' long period f.e'th:l.psIUHiJthe
rco('<!ni:rcornrnercial whalScient c:~ae><n ob The curren~cirsorJpaocsc•n ctiic(halinfirsstarred
in the19~7/ Snt<Hcd'l':l"wiht~~attrtw] t-of300
jective to estirrt:Jte age-specifimon~tiyNr.Jto~
AntM"tieminkcwhales,"'nJ considered that theannualtokemrcric'i.nkewhnles. Thprlftt o:~ctie wasro es
tirmte asc-srccin~utrJamortality ratt,3nd the SL'C(>nd
of I.50(min~ whuJ<>•will '"" id.,.•l, hut could hearyObJC<i,vero understand rbe mecosystemThe dura·
halveddeJ'<'11dno'"rnrllngrua ttm•OWC 19SSc).InApril
1987Lh ndu<try side judged that 825 minke whales could was expc!crel.'for 12 years. J~pnastoltalso
rust:Jin theOpeCllitoo, but the figurewas reje<1edbygovemiiJlw eontirluedl.,.sly liWC '198Sb). The rmln
r<·srarch:objectivef.tr.ldttally slllfted ro average namcal mor
ment,bywayof politicalreastJnstb.er~ oke00 min.ke mliryof rt·cn titedagedasses, Md rbe•tro uude:rSt3udingrhe
wlwlesw;rsdecided iu October 1987.
m>rine~·Myst .e~rrar yehcluscithccamede:1tthanhe
Whalingnnd rcscorchsyStem!>were also ceorg:aoiz:cdfsamplesize waslo~urf oeet~tuiragt-ptcficnatural
curr.,nt •el'iesof screntiflcw hallngprogram. Jlalfmo!'talityr:u" wirbd<!Stredptecisipr~otmmcame 1:0
of the 1\yodo llogei mergedwith the then existing irll.<<'-ndwtt1004/1)5 Aumrctic scaand,in 2005, j a
tb W~hal<SResearco~t ui,tOforma n<'wire;tiru~lll<'tr~n rre,.,med to LheSCOJ'mirlaor newscientiwhal
tht''lu>tottrteofC....oc:eanResearch (ICR)'. RemaU:ing tbesranedinhe1 005106se3son.Thnew plan retained
tb.<imil:trohjc..,ive. IOCOud.i)dOdrthl"rca of o p
311d"es-.elsofthe KyodoI Jogei movedtot h.-Kyodo Senpabr
Co. I rd.,~hipp com pgny newly est.ablishl!'dhy J•eration unchanged(from70"1;ea•tWardto 160"W,and south
n~e major whalinconlpahte:s (Kas1000 ). ThICR ce of 50"S), buttfiC'Icborb whdlespecJc:sand number of
c..-tveda go•·ecugr-~'rm take whales foe science, aindividuals to beraken. h wiUstan <"atcof 850:85
rheK~'O Senpaku carried out whaling aud selling of rbe whaks and 10 fiwhal"" t8.tldPnnpterd piJ)•st/us ),
producrsoncomnussioa Sjncrhe2002 season, smaU-rype bur31 the ruUSC3leopeta!ItOb<'starred the2007/08
wba1i.ogvessdswere cbacren-dro capruu millkewhales inason it will r.lke 50fin and SOhuwhalesioaddi
theJapaneseco~st water Re~.mly,rhe lChasac.tuited tionto850:85 minkc-whales ( rable 4). J.tpan st.ued rbar
'!Otl),.t 'bs~h:tuoctfe•KyodoSenpaku ondstdned the project will contmue for unlimited period.
nller rorrrntion to anewly~ablish ccmpany for
In 1994,J3pan e.ocp:urdedsckntificwhnliog into the
whalell'.lrn.1rkc:J!Ipromotion ocon~um opn.hus. westernNorth P::ctifor undccsroodingmarineCCOS}'$
involvement of the lCR wirb whaling busioasro bes rem,with ou chor 100northern mink.,whales. f'hen.inrhc
increasing The budgetof ICR for rhe fiscalyearof 2003/04
year 2000,the st·coodphaseof rbe projectstarred a.lsoas an
IO.:r o~0rtoSeptember~~00 4ir,a proposed tak:eofendless projea. witha catchof 100roinke,5llBq de's(Ba/ae-
660:40 whai<SU ITIOU11tiobout~i>biltion y(lfdo(• 11opur.7rdrmand Jll Spclh~l ehi.protect fu.ttherex
larequal100- 120yen),of which fivebillion yencarneirorn
P"ndcdL()scwhol ie~111.1he r:u-rcscriolJ•P'"" ""'
thewho i~nproducu. and J billion yt·n from Governmefl(OiofscienlificWhn(n;.ttht'fullsrn(CO['Cftoion.wilian
Mlbd iiari(c:t 2004). llud;g<ts forr~ccnyea"'•re llllaJiy :.:ne~irnuof 1.415whole:~rS<:V«/1Spl'init:s
not avniloblcittnnnu:1reports. rheAntt ilcand wcsrew No t'th Pacific (seeTable 4).
Table 4: Numbet&pedeof whales propose d lor~ri•ol Japonl!6e adenllfic whaling
&1110 11 Ocean Minke Ftn Humpbock Bryde's Sel Sperm Tobti
1987188- Antwctic- 900 300
1989190- Antarctic 300%30 300%30
t~~519G- Anta~ctrc 400.40 400±40
20051-6 Ant(V(;tic 650%85 10
860%85
2007108- Antarctic 850%85 50 50 950%85
11)g.j... N. Paafic 100 100
2000- N. Pac:ific 100 so tO 160
2002- N. Pacific 100 so 50 to ?GO
so•
2004 N. Pacific 100 so 100 tO 370
ItO'
2005- N. Paofic 100 so 100 to 380
. 120'
Th• Itaken loursmall-\'ltlcar<:boal$ the co...,.l waP<oeeu.otlon&a lioOther&ora tbypaago-aliM
uomyVeMe!oltheKyodoS-okuCo. ltd.
46
365 Conservat ion Biology Japanese Whaling
3.4 Criticis m of Japanase selontlfl ewhaling as one of the ·elen1<'msof our etlYiro-posiLion Such
'I'b<S-C has annuaUyre-;icw<'dsdentifk aspc>CIoSf f'roposalsit ditficulr to compr·omisewirb rbeold
and r~ear reslt•ofscientificwhali~Irif cunL;ies, rainebysome:c-conomkallsi1g1iufcoumrlcs. and wUI
usiug 18parri over:lpingguid~l intesO.veuieuc:[-e~kior Japan liw vth as11nilse.r\of'"'- )U"~u~r
sucb cirrumsrances, the current Japanese scienrifk wh•liog
rul\'cgroupedthem inLOthcfollfi"l:1rgecaiL'b'<lri.(sI;)
iftherropo <lielyto achi.,ve~lat ocdcti\'(~,f program will um be acccptro, because ite"' whJk•<
rbt obicmve reallyrequires letba(3)tftbe proposal asfi•hcrics retrourcc. and.~ateohyICR rcrsonncl,
inrendso conrribtue rt:Of'<'ninogf cl haling. AI·
;, likdllproduce iolor1n1tion useful lor m.1nagcmentt>i
whale SfO<kSby fWC. 14) If the effe.::tof prOlls«! rokeh, 'Cor SCi•110struttur.-d to resol,·.,such coruro·
wh.ak$Oe~ •sacceptable, (5) if areaug.:meut for p.lttidf"ey:a <.lually b«oming the plat-, of such confron·
rioo of Kicnrists fher n~ri i$ucs,pttlblc. ration..ds(·ieStssufferfrom the situation as well.
RcvtcwsofSC thus ronduetcdtbncurrent series olJapa ei\J'tkle Vlll.lof ICRWstares "Norwirhsraodlltgaoyrhing
nt,.scnit~ifvacing \ve~lwaysextrc1nel)' co ntroversialaUJedu1his Couve.ntion ... kill,takewh>~kstear
forpurpo c:·scientific research .be~xempl fom
~'~ rodhedatromnserL<usTIUdifficultrl!aso n1sble,
idemified bySb~cu~spropn inSofr hw~prrposalor tbcopcrt~o nf tbis Convcmiort", Ilowevcr. An iclc VIII
report f<1..ricripate ir1rhe rrropo.!tOu:;inde doeS rwt seem h~cve.r•,.d~euctarg-~cle.nd lon·t,~
Ja.~oscimniic.·whaling a..:t"'rntothe eurrunerdal
pcndenrreviewers, but ircotrld•·Hhce:a~gr«meor
(1\XI 1006.:).Aootherdiff[culryin the reviewcomesfrom the (Cbph3nt?~I2003), hot the word' could have
f~c ttt scientaspe cts rnnnoisolott•Jfrom Other dc:ue:mk.ing snt.rUnumbet of whales aoshort du::o
ments iu the e,·al.uarioo!TWC2006c). h is my opmioo rbarp<>rhapsuccompanil.'dby ordinary cowl~r:~ll
some additional, oon«ienrific aspa.,s willto cor ing operations. If \hi• had no1.cas<;Anicle VIII
reed)' undcrsrond the nanJ~rane s~entific whaling.i!$ ~u>ithc!nhavccoruraJiclh<intent of ICR\\7,swtc-d
which:trII) tthic!<of scieutS}'lltth:lt carries ouln the p""''mbl<'"de$iriug to a S)"Slof inrcrll..l·
r!KptQ!:CSH{3) gab~twe ICnRW Godpublic views 01.1uonal regubr ioo for the whale fisbet>ies".Tht'refore, in bod!
wh:lks an(4)in1erpreratioArtidVIIIof ICR\\7. thl.'annual t3l<cnnd P"riod tO becovc.-n-Japa current
nes<cicntificwhalin!(prrnJotsnotseemto boon~i:<
l'~b cceyce is proba<>xcepr ii~ocrc~c1rissg•e tenwith rhe Anicle VIIIof the Convention.
<l::tugnt.,rofanirmlses.,purpost!e.g. to te<tfi,hirtg
g<!:'lr,roexploreSblnggrouud. rocoll«t3buudancedal:l,
or tOobi'Jindata freefrom p<ricubrgtnrSuch mas 4 Concluslo ns
•ivsb nghten:. tmlycaccepted in utbcr olhi)logy Japan has aIons history of uticet-ac<"for hnrrr:uo
or instttdyiogother wildlife.Sciemifk whaliugappacortsumprion. artJ has cxpcticnccd a declinC('f1l·eml
I,Jte:lto the two fifih~r ycienceand wild rrrarnrrcean rorul"' ion>rlllo.<'<J'hgovernmencurrc!nll r
<llldics.llowcver,th" gr10lx:hain·~ byU1cprojL'<C'I.
grants thr·~Y" "f fi<herto1,.,opt-r.n.-ct'lacean.•,
ateu~ruoo olsllSlife,slowgrowth and low reptOdvcwhich are considered to beexempt from the IWCdecision
r:lt4',and atuacr publicatreislikethn~an niual of mor.noriurn of rolllJllercial whaling established in 1982.
ofabom 1,400 indi,·idualsof sucb spcc:-iesrimeunlimited
1 he tooaI anuual catch allowed lor thcsc fosheric:s;, over
rerio<'mnsid.,ras a<><!lfhiliiooof oornrnon prop20,000 individual- CO>cringesp«it:ofsmaltoothed
erth)'<demists or :w acth•ity UD:ICC<'ptpaiu to whale<. The quota "'"' calculdt1993h..scdon rhcrt
tb,; wildlife. Some scienrific commnnity may refoavaibbleabu11d stnc~~saud arbiuar~leer redo·
ArticlVIIof CR\~ allows the taling of wbal'"'for M:iengroMb. r"res2-4~ 1ldr:hesu&Jioabiliry has not
rifrurpo~e,andr&Jues hecuroislsltoationot dcmoMtr:ued. Somecatc.hstatistics rbyofi~her·
•vet this does not P"rwh~lrheoriraim~ lt~.J.isingen havenot beenvalidated. nnd cha.ngtSinthe ahundancc
fund fo1research or for othec politic(GI~seta!.s in rb~epqpt:tlotioos rlvcing ye;Hssince rbc iruplc·
2006). Wedo not know how gr<';ILthnrnic inccnriv""rteutmiou( crren~tHtJh-:not et'ILstudiHowcvc~
"~ beltind the eucreorjapanese scienrifHowe•·e~ng.hereare app»irCnt•yrnpturns Off'OJ?Illaotindecline forsorne
of [besmallroh~ dh• l•h~ htve beenb:H'Ve.'fcodr killed
if•c.i"ulilit:wh•lwg l>cph1nnedaod <nurlct. .is
e:;,~t n liuelindcrcndcncor•host·scientistsro·om incidn~l ro fishery opcrotjous'tlt ardrudc of Japo<t
litical pressuressepatorcettstsftorn moueta ry ben te{u,e cooperationsci()rT<lnagemeofth"'""rn.tJf
efit wbich mightme from pro""ssinj~lf't '1c>s<.>s.ac isofs.\'trcn1Ct'OJlCcrn.
lnst<tUICor lrsscientists shall b<-n•wordl.'dfor sIhecurreno >«:rJapan~.ofrogram of sci.,nlifir wh3ling
fol"m3tidnproducnorforwhalecarca wol~:t.-d.This s..,rtedtbe I9S71!lSAnt>rrctic"""son byutilizing rhe •Y""'
dekS not seem m bes:nislicd for tbesysr,;rn rhar is pui'"S\I.i.ng
th~current Japau<~i<:mi whalcg. There""'ril<ksof rern of previous commercial whaling, expanded ro North
Pacific, and npl~t titake abour 1.400 indi,•odualsof
corruptiou of scicnLisrsand industry control overseven species of lC~l>!c ferun.irruredperiod. The
h ;p<:rle<.lt'3rth-.t the IC1946fcou•idcwbak-. operation ~uswin reanly by the proca-ds.proj~1.
u food or a soUiceof ln3rerials. r~urrfi<eow. h~ bet:n di,cu""'d by IWC •nd its SC with no con,en'u' .
ever. o0>16(1years hapa~~ ence that time, ond thThe SC made an olflnual review of the projeer witb au ar
•i111~ hMuiasu rhaugcdMn ny rcccrtl communities dtempr tolimit irself within the scientific aspect, bur ir re
111considewhc1lesasfisbet'}'resources. bttt evaluaret hexrei•r~nccdtficulries in ignoring orh•r clement&
47
366Japanese Whaling Conservation Biology
bebutd tbe proiectJ.eetru<Sof scientiStS,«ouomy of tbe rwc t.WOI); KtJIOI~'i&J.,~Stii~Conm (.StllI':ua uwJ
C..X"' "\.~hl\~j (fUI'!26~191
~) '$.:1ndiotcrprwnioo of ICRW. IWC rlOOh Rtf""ol1k'oc•t SubC!nllltton !«naC<U.:<.as.
Currrot japanese c<>taceaoharvests of ''<ypes.includ Ct1>a :n:~oan.ogt4 huwllS-~38
ingscientifwb~li andsrm.Ucetacean fisheries,se10be IWC llllO lp<><olrh•lr<imuh : CommJC..a.;nll~Monage J
LSUJ' I78(t oe pp591<-<{),i"'<J'UU),.
utili11ngarr>biguityantllad:of l!nforcernentinICRW'C.rtdIWC !211~0l4!'O'otllhe S...:oonmittj.Ce'"tcRcoMoru~g•
and Sllportbe do.-nesticfood.babits for wbale products. 6 <•uprll Hill I•r,.P>ll'•por:fOh<l
1\VC~lMS~ R«'5)(!1u(lt th"''i.tlt,duis Wurlu•s Gmup oo SdeniJflC Pt.>nnh
S Reeommendallons and Porspoetlvos rr~•l ~Ctt.~ <c"M•nr"S71•uri3i43-~5J
l\VC (..(.106iiJ:RrhSuiCcnnruhrtt' ou Bowhead<~nc;ny
whale.JCr-~n. R.M •ta<te8 t•uIll-ill
II)ScitntificJnivitie<art'not &rrerni>-eJke;or erro r,.,1\VC121J(J Rqb~n 01 thf Sui>Common Sm•UCmG<aos.JCtu
the riswill bede<>reasrothcoughrigoro1osdisC\ISSwsith «•n R•ol,lllr8 isuppll21l -2.30
f\VC (2U06Kc:fM\tlltS..t~ CtIlltee.:Ct~~utRC$Md.lll-.gt'-8
otheo·f"lrli'tb cnsu"~ustai ntaltlfcn of small ceta
cean• by Jop:ll<'coasrnl iishcries,Japon •honk! be encour(<upp)1-61
.a.:ya·11975)P~:ofctrtllof CIOblU.pfJtle/min lhe \Ytstetll
aged 10r~b ls ibcoopemtio11withSMourhe omMgemenr. Nonh P~lf~ i<.•pW~31 ts'11!7 9~-101
11)Tbdollow<ug >tudiessho1Llberooductro witbttJl;ency !:•$uy• T(198l): l'rcliminaoy ocpon oitl>cbiology,call:hand popul•rionof
P/Jrl Jft luh.tWO'lt!Nulhl-ct.JJ-3 19. In; Cl"r(e-~d)
(oo1be IJT.~,~cr onfsnrtn~t-~ecc, e1pJoitedl;>~p ~; M~lmm:s~ofre~SePAO.l:llsb~neiIV.l•AO, fu>me-.53:1pp
stock Slrllctu~bu ndat<' beoogy of tbe species, and vaJiK~S1)"r3\1985")1lUJto.:Lot.oOat~iplIUoi\>.'lUHttten uJ tiH·
dntionof catch !.t3Listic s. 'Jl<lrr<<~nt dolluo"olfU\cPa<ifi-.<>•st;ofJatMn.S<iRepWhale>
l'<s.c.,6t.1 '8
(3) Vao·iouIMgcand sma lce·tact'3are killtd Japanes e "'~"Y oil98( Fi~hiT ryh~ot(hoitttht-rl(i:1r(tJfJ1~1l.J't>
passivecoastRI IIcfisheries, and such k3resbelieved to Z<) 172Jn, &eddrllJn, lkvtrton Rill. t.vigne :\1Jrine.
~t"ml m1andfijhC'Oe4..Hga(n.JA&iUnwin, London. 354 pp
h3\'._s.iguifkanr effects on o1rbe popto.latiom.Efforts
made 10decr- =tC~cmona lyLare urgcm. KUll)'\41992 [;x.muoadnlJ>p•ncn tt•ll$lkSfP,Us'porpoisr
h:m,J hlrlfld1r Rq·, llll Wh.\1Ctumnu4~28 U\ ...
14)Observiuj! t.hnr thecurrcno:japanesc.sdeotific whalitlg isaI''9')l!~mina noofdH~rdiaN brt.sfrink..chejap~
nfi~I.O:Ut.•hl'lo lr_in31le"'l~\.nlIfc0~I11C'.I')'.J
.,, rrorted bythe rroet'ed<ofthe whaling prodefi:,ofit~ Kuuya T 12000•:J•J'W11• 8~Pr6S<-66l.l n;FrW~.>gi,n
the ICRW ~drniu theniuadon, anJ public indifieretoe l1\ot\\'IJSi11jC.Mff\IG).o(~bnr~\f.ln,m;ah:.Acatkmic Prtss.
inrert~L crtin~ms.l woul.exp« hat the ptogt;lmwill Sonlll<w>,1 VI'4
continueumil •uch•i1ua1ionchange;pc-rhap<untit.h isr~ Nlsny• llnl"llRlJo.lla Ck11m~?l7fhislol)llairbeakal
wlul<off" ".dr.Co.h lJor•••<Plnt \'l'halCommn4", %9-9"9
change in such fooru'Wlll>or a rrop<'flingof cornntf.'J'K2fh)'r.Moyasl•ul1198~J•iU:Jldolphin li•h«ies and probl<miill
wlwl111which couklre;ult in a flood of whale prod\lCIS. UIJOJjtfUU•nC. ''Stui\Cu ll«tlf\rrftdir'\(4 1I '4-160
linJ•f"'ll<S<I
Nl<u\0 T, T41S I9<J3):Ltlt hllturY<>sIhoo linnr:J l"kll wluk s11ocLosff
Releronees ,PJUi-.~~~ript• n1r1httbrf)'. Rq\VIuCotrttn~~I
4uuu1198 '·"HrcwuFi'ihtntO~hi• RM 101$DehiFi'lhl.ov~ IJSUt•l,19-74)
K;a\u,r.t1.'Yamamnl'"~uol.L(X)l \buncl Jn:Ku'f linb ,
tr ..Um"'uOtud~ 1.60pp(n•J~f;) 11ki!SC"
Bure'iUr~•~C t"9\}:Soiunllo·oa(R,u:orr.J.toi,F) i~hlf~Qr<::t:aOOfiS"In•h•lnl>nd Sc.J•pooc Jtala.. BullZnolSuf'l'
•ol1.YwUJd.>'.rot139pp ijap:mts< l
Claplun rJ ll<fw<nP.Cllild<tboU«S,FoooyNA,Io:aruyal:K<UL, 1-:o.:k'1uWnr.stu:tU!Ol~\j-An ,l«)rd J fn:hu i~Sl\1
~'MAnlJrllll•Nam1S:i.&GNO, P<rr-wr,R~d AJ,Rtrv RR, I'UOhPrdt\olllfc}.Shltlw>l..i.lnli.:~n:c'olShimuk1..\hu,
R,~n E.Roj.a-Bnoohol.SmitltTD,SradwwiochM, 1'<Thidtr8,1 YOII,16•1·28~• 3"o l1-IS;!v~IU.l~:>'O [I.I • 1-:l6l lin
Ja~n.e·s~
D, W•dtPk.SrownelllllJr(l):'.'Vhalingas..:itnc..nSioScK11hiroK;ts ~~19?3)RI'YicwOlJ•pan<1tdo~riJfih<riJ nd
(3, 21'..21!
Gale! NJ. KosuyaT.Ctoph>n Pj. Browncll RLJr (2005): Japon'• whalintRrrln1WloalCommn43439-4SZ
pla1under tcrulio)l Naturt 435,583-88 .4 Mi)·1~ Ndr19ti3): Ou~tJii-(Jsmal-t(!lcerilktin Japanesr
f;t whd l R (1999lllt(•rn!lWh:alino.) f'dtpand IIL'Vf·l w-.um. RtJ'Wh~ lnnuhn ~3621-63 1
MiyashiT(l?9l~So( anJla~Jund: lil<poplis<inlh<Okhotsk
rtn1I>O<Orydw ehbo\r<17p~19S.Jn:Twi;, jRjr. >R(N31, ~:\a{ld:1dp.;('1llWQSC/43JSM7.l.4 ptunpublj,hOOJ
C<m)crvQtidndManagtmemon MarineMammab. Smidvsoni:mlnu
J)rtlli, \'r:.•hlrP.1011. 47 1 Mjya~h T(9:3): Al,&nlJUik..u«f'(.).:thweo•-cn• Nbtth P.:t
ICR (l~l•r-1C l'l.!tct•::t\2004).'\tthU.;tpml JCR. ICR, c:Hkt.'iktltl'y.J:\ffh~•yRer ftlt \Vh;tlCommn 43,417--137
TokyoasJ'P(Ijap•n<><) N,k, muro \'\1988): dol~plnl!hcry,9-lJ.6InShizuokCul
I\V9 19S~:t~t ~c:OnnYillCl)IU~!n;srt:pI?ftl 198.3.rot lllff':':JitUfl (C!l\).t~o)ofSh:. okTht-SIIltJ I\.'lkltPre:s:.s..
Slli>ll~97J)Jilf311'..1~)
\Vh:Cem~mn.14, 1-3 Olu111So11975)1\vu:olJo)>lnl<i<>m•D·t)'P<wjFi>hR<sll-1
1\VC( J988!J: lufl"tnntiea1t,"hmistioo rtpct rt 19&6-"_7. R(op{(It
W11alonuunJ8,1 2 <;•n\171 1111 1121
J\VC (19R:S)hs Rt~te Sdrn d(ic C "ll•luhtee. Rt'phtcWhaJCo•r•m!lA '19J:Jal>.lll't }I'WSdt"SttiVf'i:lte:tUt»llutQ tJtt
JS.Jl61 OJ.II('<flfe11ntel~f8~ce1ueao kiltbtwodd•.llnvirolnvtn
IWC fl9S&;A.IJJ•R1. £xlt.in.nn SC/3,/01 'the ptogwrtte lC'Ir.ert t~d(:1d\Vd;uhttl OC.lJ"lJ
TQh-ay:.nYtttr1gfr.KauyaT (992r.fnt.idt."L-1!hlwh~l~
s.t.. on tht touthn-u hrnuf_pht-rc4lndfprdi111inc:'
searc~nthe mui.necxoiyst(':m1.nt.ht An1mWhaJCommnp InJarane<• ""I'Rtp.no\VhoCommn 1!. ·133 136
J~.1)'140 WtthiD~ll,.vY,\V•'•8 KQ.Ch(',,\'(l., ZhX(2005):Aqo1\Uc
1\I'C(1992•: R<po>ooll the SuiKonlnlittt<ton Sm•ll C.:...:eant. R<phuttnd ThenirH)'ang inlcnro•poisc"i(K:c;cssUtyu
Wh•lCoonm n lI,78-234 bornn1capoiVil)lh •VS..ol'<IS)247-lSO2
W•n~W l~o:1.),.lh>.,~OU!I"ll>onl•:!006R;tng'l~ )'..,g12•
1\II(119JIRtp<>rlLht~ub•Conrmitto SmalCer>e.. n<.Rlnl Fnshv.'lJ)c.lpEx~tlO ti-llu: L»tfChatO SSaifi!Inv So
Wh>lc.,,..~3.1.\0-141
l\'l(19)9:R<polloClht Sub-<:ornmintt on Sru.UCm<ean._ R<Plnll !\" I) 161418-124
\'t'h.tCoruuut... , l06 119 WilL<FT•no\ \'~u•u.'<(19q l.l'hotwlloiJt...g,, ..,,~r,,~d
IWC (199h Rt"J'ofthtSnb-Cornm oim.JUC·ecxe.u"R~"'f u, Pr:~~rh oNf"J"" htu•tMi•t~''4(4' -4$8-49?
WhalCvn~n 4n.165- 186
Rocatved . September 2711.12006
I~'1C199<~K"f'CI<oIf di<SubC:O.mniut<"t:<U<.. oR<t>lnt Aooepied·Ociobe<4ft, 2000
Wh.tCoourt4$, HS-.!.$0 OnllneflrO<toobe5111.2006
48
367Annex 78: S Ohsumi, Half a Century in Pursuit of the Whale – Proposals for a New
Era in Whaling (Seizando-Shoten Publishing Co. Ltd, 2008) [excerpts]
Flu((aCenflll') ' in P1lftlu! H•1/0le- PrtpMafora New Era in WI/Oii11g
By Dr St>iji Ohsumi
(St•izuntlu-Siw ten Publishing Company Limited, 2008) [e.xlractqj
Chaptt.>r20: Cetacean Cap turt.>Researt'h
[1571 For a number orc~so snintific \Vhaling havital significance durthe
pllriod ofth " moratoroncommercial whaling.
Fi.rsLis Ute obvious reason of developing Ute sciba~isfor Ute resumptioof
whaling. ll58J Scientific whaling :llso contributes 10 the development of whaling
m~ng acmcn tchnologie s and methods.
St:cond. is Ute handing on and dcvdopmt:nl of whaling lt:ehnologio:s. ractory ship
whaling in pa1ticular requires the uselarge-s qui~ment and sophisticated
techniques that req,1ire long pe1·iods of training by whalingThis is why,
should whaling ever be stopped (even were resumption to be granted sh01tly
afh:rward), restarting 1haling vessels, whaLing machinery and 1he whaling crews
would be extrernely difficuScientific whaling is enabling whaling facilities ami
leclt nriws.t~be retained . makinpo~tibelto n:spond IJiliciJy to any decision
to r-sumc whaling.
Titirdis the contribution that Utescientific ismaking to the developmmtof
Uteorieswithrespect to the sustain<rbleand holistic use of marine living resources.
Amidst current fears of a food crisis accompanying Uteexplosion in world population,
productionfrom living resourcesn theo~;ca wni~h cov.:-r three-quarters of the
\vorld will be an importmean~ ot·solving the food problem, For Lhatreason the
holistc ansusbin~ usl ef these-marine living r-esoutces is im(let-ative, and in tum,
tlteresaneed forathorough knowledge of tlte whale. which Iukes its place at the top
of the marine ecosystem. Scientific whnl.ing makes a sigru.lic:mt cortt110ution to that
knowlcdgt:.
Fourth,istho:handingonand developmentof aculture of whale cuisinil. Once it has
been lost, culturedifficult to revive. SurrbynUtesea and limitinlandmass.
.la1>ahas used U'ewhn.le ns food from nrt.:ient times and has developed an
outstanding cult1U'Cof whale cuisine. Tbe usc of cetace<rns is iifemarine
living resourcese tobe used Ia sus1<1inableand integrated manner, anthat a
culture of wllale cuisine must exist. Scientific whaling supports and advances a
culture of whale cuisine tlu·oughUtesupby-prod tcomill;research.
(1591 Fifih, is that scientific whc<n.tribu ttetst=dissemination among the
general public zyf3tCllrate infor'mation with respect to cetaceans , Scientific whaling
c.1nmakea contribution hensadvmtces inwhale lJiology haheeninsufficient Ute
l;nowlcdg e basedn the results of whaling operatith~ wtere subject to many
1\:strictionsbc.:ebiase<l.
368[Unnwnbcn:d back pa.gcJSeiji ObsumiHack~:ro lu:{d~ume
19:<0 Born in lscsaki City. Gunma Prefecture.
1958 Graduatt:d PhD (Agriculture), Tokyo University GraduatorSchool
Biologica l Sciences. Researcher , lnstittlle of Cetacean Research.
1966 ResearchManager , Tokai Region hs hery Research Laboratory , Japan
Fisheries Agency.
1967 Research Manager ,d, subsequenl'ly, llead (Research) ; Head (Planning &
Coordination): He. far Seas Fisheries Research Laboratory . Japan Fisheries
Agency.
1991 Director. and. subsequentl y, Executive Director; Chainnan (1995 to 2004).
lllstituteCetacean ResearcA:;at 2008, Senior Advisor, ICR.
2006 Honorary Directol', Taiji M useu~ mTaiji, Wakayama Pr•efecture.
Dr Ohsumi has attended meetings ofthe Science Committee , Intemation al
Wh11ling Commission (IWC), since 1967.
Awards
1999 FisherieSe~vi Medal fromJ~tp FisH.ies Association.
2002 Fowth Order oftheSacred Treasure.
2006 Kingdom of Norway Service Medal (for work in promoting rcHc:trch in
sc.ie~ tehnologc in cetlcca n resourcc s).
Publication s inc'Whales once wa lked on la(PHP Institute), Whales and the
Japanese (lwanarni ShoteJI). Ecology ofWha les and Dolphins (University of
Tokyo Press), Encyc lopaediAq11~ tiecIM ~mmal iA.sab."Ul'ilSboten)
and Iany others (List of aut-hors' books thisbook atend).
Bibliographic Dt>t11sil
Half a Century ln PlU·suitof Whales -Prop osals for inWh;tling
First publhed: 28 April 2008
Author: Seiji Ohsumi
Publisher: Seizando -Sholen Publishing Compan y Limited
R<. n.-.sentat.ivu:oriko Ogawa
Prnitr: Sanwa Printingompan y Limitocl
ISBN No. 978-4-425 -8842 1-6
369370~ f(jI. .114It u• .t,I< + )1
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374Annex 79: T Taniguchi, “Opinion. The Inside Story of Japan’s Whaling – What the
Media Doesn’t Tell Us. Taxpayer’s Money Spent, Friends Lost”, Wedge
(20 January 2009) <http://wedge.ismedia.jp/articles/-/721> on 15April
2011 [excerpts]
'Opinion.The lnsidt .Jap:~~ull~glin\'[a.,l1h( MaUt.!u<'!l:Tdl C'f;
'rlf~a:'r\lt~nSpt>nF'ind.'o)i;.l•
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1
15\pr2<lll(cxccrpt'l
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l;•ple!\e\!'OOnomy.
Th~c d.,ylhplu.~;wh{ltrrfwon lht: J:Jpant;~bl.ionl)M :t icc~'Ow
si1-of twJ1~ IHJInuuteii;-.-,:nhillinn. :1nth~:ostg,..'"of murkct.i
l.$liw:tli8 Ul)~IliJUIOfu;m~0 billion.
If !we.r!he :umu.'.ll hamn~ni~ccomr:1n11K-Wn:~Jll1he mi're th:tn HUHK)
Nh'tlui uf lbal~i<i~n.~fiuio'fSglrili:,:r~lialndy:'S:l:tr ~.Jils .$Cil
Utevalue of m.afihm~ prodlictijus Wtr ¥1 trilli'~~liSdoes Jie\ lf3l
li"CI!fo1%·Pf thnt iPI:"ll.
hi:!(!~Jt_tvl!w1wlt.,linc in!<~rutti_01(Jt~lC~nll1i~:.«nai~1te.
GO\cnnncnt: tisni.H1f1\;.ri\'M¢01'compn'i.ovoiVI.r~.lit~l'kfo(r~
lhi$~ovmm:CJJ'Woea:·.tian is 3~0including bd~hconlr.aclin!!d lhi:' ;an
<~-uc.id)t.11l~ttiutf.c'cceHS,~;-;-ai"ydl)Srnpal:re.-.recl-i,•el)·,
ColM.!wh:l~nmt:tnwhile;..eliti~ute Nat4<>die. JherC. lfQlonly fw<
"~~l .tli1~)'t:nt'('lwnillh!!r> l1l~~, 11ru,nuc.:spl:Vd>Jls 1•tlh
;~pps.om.l.)6l·..61niUi~uS:-avcn~~9mUlirmlothe more lv(:;)vp~u~s
l11- oremoneth'W.~tFY200fiU~l),.
If we wer<Itl.lhowev·~w:~we~1dfl)\ll1f e,rfodh;l.egitim•'(a~es1
\\nlinn:~nHl.t:b:uu)Cruf sc ienhlkA.ustrami.New.leah woul~•illy
cnforec:theoh.Japntl.di.ugwithreso1\tJ~srt udcs.
So .:\"were-we to withdrm\· l WC.O~xpillnoadWyh".'wo~ld.ttnot tk
rm~ih.lt:lioSO \Jl~\,~S~lcV~diLWe:-cuudl lie.in\'fliJ\8adiplrrmati..:-:.:ris!i.
l) ntl\ood1er~,lh~~ Mhiuo'cci'l~-=u ,lt·iu~ine\h;I')wilc.1ml•~.:.
itJu:,:HV(..,th1110'Wn1jruf~W'iI:i"l\1ninfu~ 'f.fJinJil p(~alfs
huw h!!nih'~nnmic$ihuursunimndinwhilli~sp:
'h~fatl:n01.11lI!'S'l"fto"m'ntio)onth~utp~p(J\Iluo~,r.Jllbw.i•n~
i~by nomll>li •ii~\'id mlhcle1,kQI.'fine"1bi lw htling._
375 'l11e lCR's fin~nc siaemle nts show a conspic uous blow-out in long-term borrowings -
¥2.I billion posted as long-tenn liabilities.
'll1c assets column is lacking in items that could cover ll1cse liabilities_ leading to conccm
about Uu: smmdncss of the ICR's ·financial status . In fact, U1o::slcoans to Ute I.CR wen: made
by the Ovcrso::asFishc:ry Cooperation Foundation of Japan, which is an extra-go vcmmenl
orga,nisation of MAFF (its President is a former Fisheries Agcnc_v Dircctor-Gcocr31), on
either:t.t:or extremt:ly low intcro::sltcrrns. The meaning of tho::scloans in real terms is more
inthe way of a capita l injection.
The ICR posted ordinary losses of just over ¥778 miUion for the ye.1r ending Septem ber 2008.
It received subsidies ot"1t980 million of taxpayers ' money, 70% more U1anthe previous year,
but this has done nothing to recoup tltose losses.
The ·finances of Kyodo Senpaku. the compan y to which the lCR sub -contracts whaling
operations are unkllown, but a credit research company estimates that·itprobably makes a
profit of¥10 -20 tnillion a year. Even if it is not operatittg at" loss, jt is unlikely that its profit
levels are sufficien t to meet thecompany 's equipment rell.ewal demands . The whaling
factoryship, incidoota lly. is reaching tl1elimit of its useful life.
To sum up the above, Japan 's whaling is lackjng in substance economically and as an
indushy. The clmlces of Japan 's fe1vent wish for the resumption of commercial whaling
being realised ·within the IWC are vittuall y nil. Even if the wish were fo be granted , given U1e
almost complete lack of economic viability. no actual entra nts into the industry would emerge.
376 (0 P I N 1 0Pr-fln>{ii;n~lii~ITJP m1;:;:CiA.>l<~-4-(.tWn
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380Annex 80: M Komatsu, International Whale Wars (PHP Institute Co. Ltd,
2010) [excerpts]
Jmernationul Wlwle Wun
By Dr ;\f;~s iaomuktsu
(PHP Institute Co. Ltd , 2010) [excerpts]
!621forwh~li tnresume it would oece~s faroyr politiciancort~i )stent
take a more central rotolift Oteir engagement wiU1wha ling to a hItJ1erlevel.
is apparent U1at the current system of political s\rpport hus not reached a level
sufilcient tl1purpose . I would like U1egovenun ent and politicians invest
proactivelyre of1heir time ami energy into tackling the issue. Should they not do
so. tl1e so-called resumption of whalinju~rtmain a distant dream. it will
mevitabl ye forced effectively into reverse as it is toclny. and. in lhe near Julure,
wha Ing migltt even be extinguished as a resuJt of e:dema l pressures and tlte slump in
sales of wlutle meat, the quality of which is detetior:lling by the year. As a face
saving device, the option of abandonin g scientific whalil\g might even be placed on
U1etab le - with obsb·uction by the Sea Shepherd o631npe~entn s the
excuse .
[112] Although we arc conductiresearch. thrcgl~otisof the Conven tion
stipulate thaL in addition to theirresearwhale which have been c:tught
may also be used as an important food resource . ·ncour.ia~iference
between commercialwhaling and scientifwhaling . While the aimis not
comme rcial sale, thisthat Article 8 of the Convention states that wh:tlc mC3Las
a by·product of scientific whalinbesold·. Iltocoeds from the sale of whale
mc:tl as a by-product of scientific whalu.~.todfinance expenses for the
oxpeditiobyresearch vesse ls during the following yC:Ir.
TI1ce.~ti panfscietltific whaling has now also boosted the hopes of thos.: waiting
for whale rneat.I1ey will be able towh:~ mlet at cheaper prices witl1 an
inci\.':ISCin the amount corning onto the market as a rc:suh of t11eincreased quot:l.
which corresponds to the increase in the natural resource.
The distril'11liwh~efproduct also benefits the gon:rProceeds from the
wh<tleproduct substantially improved U1ehithertoftsc.admmistration of
the Instin tte of CeRese~~ rnehKyodoSenp~ .kTltis was not so much the
case following the whaling conducted in the noP;~eiebuith.eftccl was
pnrticul01ryl maJked following the Oc~nrX~haling, whure the mwhale~
are <1uitohlinsize.
[215] Their logic is that unsold whale mo;arcm~ibuncs:ca 216~ewhale
me:ttproduc ae~too plenliflll owing to th.: excess ive eof scientific
wh11ling. Undc.:rnormal circumstances , salc.:s promotion ought tn be attempted by
reducing !he prices and even by preparinllloss. But rcgardlc..:ssof !he fact
381 that it is considered necessary to provide whale mo:at to U1eJapam:se people to gain
their appreciation it,il1ey have chosena method that willessen the amottnt of
whalt: mcsl produced . Presumably. they bclievc:clll1al by restricting supply, reducing
operating costs and keeping the products at a high price thay would meet tlu::costs of
maintaining Utetlcel
'l'hcperspective of the peoi.smissing !tom tltis logic . It completely l'ails to lake
intoaccount the thinking th;1t Ute average consumer wants ·good fo;~"tche;~p
price·.They are attempting t·o send fleets to the Southern Ocean by setting a high
price for unpalatable whale meat.l3ut this runs the risk of going awry because
expensive whale meat does not sell.
!Iere we see a differeinebasic thinking wiil1 respect to the wbaling issue. between
ti1ethinking of our era and tlteitisat presentI have always wo(ked for whatr
c.onsidered to be Ute ll<ltionalinterest. firstly. we shou ld use the scientific information
toresearch the cetacean tesoul'ces that we can use sustainab ly, and negotiate for Ute
resumption of whaling.Providing wha le me.1t cheaply to the Japanese peopleaas
by-product of scientific whaling obvio usly requires a teasonable Subst:ultia l
energy and effort WO\tld be required to do everything. else, includinproduct
development , the financing for renewal of 1he tleet , and the devising of strategies to
promote sales. But if that eff01t were to be 1·ewarded in the fottn of suppott fl'omthe
people, then we sbou.ld defmitely push ahead with it.
Lli nnumb ereb:~ cage] About the Aut hor
Masayuki Komat~u
Dr Masayuki Komat w~as bom in1953 in Rik'llzentakata, lPrefecture.In 1977.
Dr Komatsu entered the .Min istry of Ag1iculture, Forestr y and Fishelics (MAFF). At
ti1e Japan Fisheries Agency. Mi\FF , he supetvised Japan- US fishelies negotiation s,
and was responsibl e for issues involvingd1e FAO (United Nations Food and
Agriculture Org:m isation)JWC (Jntemational Wha ling Commission). CITES
(Convetltion on JntcrnationaJde in Endange npedies), and the Convention for
the Conservat ion of Southe.m Bluefm Tuna. Between 2002 ami 2003 be was Chief
Conunissioner.F i\0 fisl1eries Conunission.L<ller. :1s Divis.ion Head, Fishe1ies
Resource and EnvirorunenRes~ar Dciision,in2005, Dr Komatsu was seconded as
Diredor·Get JeraL Fisheries Research Agency.Dr Komatsu r~ti r00d. and ~~
cunently Professor . National Graduate Institute for Policy Studies (Leadership).
Dr Komatsu obtained an tviBA at Yale, anWliS:1warded a PhD .from the University
of Tokyo . I.n 1992 he was awarded a servic e medal by the Republic of Italy, and in
2003 he was selected among the2003 Britannica International Yearbook '"l'np 50"
lisan~ din 2005. by Newsweek tJapan 1 as one of the int.cmationally most respec ted
100 Japam:se . Or Komatsu is author of many publications includft's OK to eat
Whale (l'akaraj imasha)The truth ctbout the Whaling /Jisp11el tChikyusha):
lntematfonal Tuna Trials (Iwaoami Shinsho) ;The Wlwfe Debate Simplified
(Suizando);!lbnndanl Tok.vo Bcty Revive the Sect. Seafo&d Culinary Culture of
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389Annex 81: J Sakuma, ‘Rapidly rising whale meat stockpiles and the emergence of
hidden reserves: Freezers excluded from official statistics and Icelandic
fin whale meat’, IKA-NET News 47 (January 2011)
'Rapidly rising wha le meat slockpiles and l"he emergence of bidreserves:
Fn 1ezers exclud ed frool~i ilstati stics and Icelandic fin wh•tle meut'
By .Junko Sak uma
Source: IKA-NET Newx 47 (,Januar y 2011).
121 five years ago, in January 200fKA Net News published a report titled "Whale
Meat Stocks lnercasing ". thiedition, we analyse the current situation.
End of Qc,tober retail stockpil es finally hit record levels.
The accompanying graph shows inv(.11torylevels for il1e end of Octobe r 2010 . 'I1u;
level is 5,525 tonncs. This is the highest und-of-Octobcr value since 1990. Not only
is that of intc;rest, but a number of things have been happe11ing which cannot be
c:<plaim:d by the official inventory figures . It is incrc-dsingly likely that less whale
meat has been sold than these figures show. This paper atlllmpts to explain fhe
buckb•Toundto !l1si.
T11 begin with, it is instructiveco~se -rCnmc teis with whal'e meat production
levels. In 2006, meat production from scientific resc-drch rcachod an historic high at
5.333.8 tonnes (5486.5 tonncs induding lhv coastal catch)This was a significa nt
increase of 1,542 tonncs on the previous year. Since it was a year in which inventory
levels would be expected to increase. it was also a year in w!1ich attention was
focussed on ho\ much the inventories would c"r.ease, in other words, on the level of
demand for whale meat u1Japan.
What about 2010? At 3.620.4 totu1es (3.802.7 tOIUJesincluding tlte coastal catch),
2010 recorded the lowest level of production since 2004 . Tlus was 826 toru1es less
than the previous yea.r. Nevettheless . according to the st.1tistics, inventories were at
theirhighest lel for the past years.
The natme of these statistics is that if the ''uncounted '' whale meat stored in smnli
fi'eezerwarehouses and excluded from official statistics were to be collected at the
major fi·eezer warehouses [which are ccunted in the oflicial statistics].. tl1e.appeM-ance
might be that inventOJ'ies have increased, and one carmot simply jump to that
conclusion.
Hidd en Stockpil es'/ The Reasons
ReaJ~ oo. 1: Stati stics cover f(•wer freezl'r warehouses
This year, lite situation cannot be easily understood simply by looking at U1e stockpil..:
figures,This is because, starting !'rom January 2010, the numbt:r of warchouses on
which the statistics were based drnrnaticall y decr[nother words, the number of
wnn:houscs obliged to report incoming and outgoing inventory volumes for the
purposu of examining the "Sentood Products Distribution Statistics fonthly
Incoming and Out go~g Amounts for Major Items ru1dEnd ofMon!l1 Inventories", on
which the graph is based, decreased from 65 I to 500. 'n1is,this number fell lo
!llrec·quarterofthC:Jformer figure. so these ligures cannot be us.:cl lo monito1·
continu_ityn inventory fluctuations . I have !l1ercforc atlemptt:d to provide revised
390ligures by relying on data released in December 2009, tl1eonly occasio n on which the
two sets of figm·eswert: simultaneou sly released thal n:corded inventories both bt:fore
and allcr Ute decrease in Uu:number of reporting warehouses.
The revised figuarc represented Uu:brokt:n line. The: number of warehouse8
includedin Uu:statist iby as much as 23%, but whale meal inventories dropped
hy 3.9%, compareto ilic average droabot 20l in the t1 amount. This is a
remarkab lymaU difl:erence. We can intltt~ere was little wh;lle meat in the
~pproxima 50el rehouses- which were no longer countIn the conte:\i of
overall fluctua itis obviouth~tere was virtually no efrect. Ilo,vever. had tlte
.statistics been based on theru ehess they were last year, it is likely that the
stockpile for August 2010 would have exceeded 6,000 tonnes. In oUter words, tlte
whalemeat unaccoun ted for in the approximately 150 warehouses no longer counted
in the statistics may be refear'hidden stockpile'.
tJlReason No.2: Icelandic whalers have commenced exports
Tlus year, therisanother source for a 'llidclen stoch:pilt:'. This is whale meat
produced in Iceland, most Likelymeat tl·om fin whales.
According to Iceland 's tt·ade statistics, as of October, Iceland expo1ted approxintately
760 tonneo~frozen whale meat to Japan. But acc.'tJapan ese trade statistics ,
ilic amount of whale meat imported from Iceland as of October, was no more than
160 tonnes. The 600 tonnes, which represent the di·fferc:nce, arc abs•lllt from the
di~tliibu tatistics, .;o one of the following situations must apply.
1) The mC3t appears as cxp01tcd in the statistics but is still stored in bonded
warehouses in Iceland.
2) 'Jbc meat is oni ht ships hut has not reached Japan or has been temporaril y
unloaded in a third country.
~) The meat has bee~ore n a honded warehouse in Japan awaicu~tor~n
c:learanc.c.
'l"bisthen is the ·sec.ond Hidden Stockpil o·.
One would tbittk that·since charges would be acc.n•ing during bonded storage there
would be a. desire to complete customs and sell the mreg~ Brsdof their
intet1 ,mipot.tion is not proceeding.
Kyodo News was the only agency t·o reth~tIelandicwh; ~mleat bad entered
Japan, -and that was wlu:n the meat was already in tlte marketIn.rnelm:h of the
using search terms 'Icelandi c productinwhale'wiU b1·inup " number of
lntemt.1shopping wc:hpnges.
Failure to Re.vive Putentia i OPmand
A penetrating insight may reveal that furious efforts weu~ineghatever,
means, to croate tlw appearance of reduced stockpiles. including Tcducing the numher
of warehouses subject to statistics anc.u~satol-.tnmco.
391 Even ifthat were not the c.1se. therm~u1tting suspicion of au adminis tration thnt
created a situation in which it fails to provide guidance with regard to continuity in
statistics.Making tl1c.scuts in the nam<::of cost reductions appears more like
ohstructing the provisn of information.
392 Movcmcms i.wha le n1ea1stoc k s
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396_____________________________________________
WHALING IN THEANTARCTIC
(AUSTRALIAv. JAPAN)
MEMORIALOFAUSTRALIA
VOLUME III
ANNEXES 82 – 156
9 MAY 2011
12 VOLUME III
TAbLE OF CONTENTS
ANNExES 82 - 156 Page
Japanese Government Documents and Statements
Special Permits
82. Special Permit No. 17-SU IKAN-2389 of 1 November 2005 ........................................................ 6
83. Special Permit No. 18-SUIKAN-2610 of 13 November 2006 .................................................... 18
84. Special Permit No. 19-SU IKAN-1911 of 7 November 2007 [incomplete record held by
the International Whaling Commission] ........................................................................▯.............. 30
85. Special Permit No. 20-SUIKAN-1727 of 5 November 2008 ...................................................... 37
86. Special Permit No. 21-SUIKAN-1605 of 12 November 2009 .................................................... 49
87. Special Permit No. 22-SU IKAN-1577 of 29 November 2010 .................................................... 59
Japanese Parliamentary Materials
88. Government of Japan, National Diet Debates, House of Councillors - Budget Committee -
No. 10, 17 March 1982 [excerpt] ........................................................................▯........................ 69
89. Government of Japan, National Diet Debates, House of Representatives - Agriculture,
Forestry and Fisheries Committee - No. 24, 4August 1982 [excerpts] ...................................... 73
90. Government of Japan, National Diet Debates, House of Representatives -Agriculture,
Forestry and Fisheries Committee - No. 2, 11 October 1983 [excerpt] ...................................... 77
91. Government of Japan, National Diet Debates, House of Representatives -
ForeignAffairs Committee - No. 18, 1August 1984 [excerpt] ................................................... 81
92. Government of Japan, National Diet Debates, House of Representatives - Agriculture,
Forestry and Fisheries Committee - No. 27, 2August 1984 [excerpts] ...................................... 87
93. Government of Japan, National Diet Debates, House of Representatives - Agriculture,
Forestry and Fisheries Committee - No. 28, 7August 1984 [excerpts] ...................................... 93
94. Government of Japan, National Diet Debates, House of Councillors - Agriculture,
Forestry and Fisheries Committee / Closed - No. 1, 4 September 1984 [exc▯erpt] ...................... 97
95. Government of Japan, National Diet Debates, House of Representatives - Agriculture,
Forestry and Fisheries Committee - No. 2, 18 December 1984 [excerpt] ................................... 99
96. Government of Japan, National Diet Debates, House of Councillors - ForeignAffairs
Committee - No. 11, 16 May 1985 [excerpt] ........................................................................▯..... 103
97. Government of Japan, National Diet Debates, House of Representatives - Agriculture,
Forestry and Fisheries Committee - No. 6, 7April 2010 [excerpt] ........................................... 105
1Other Japanese Government Documents and Statements
98. Whaling Issues Study Group, Report on Preferred Future Directions for Japan’s Whaling
(July 1984) in New Policy Monthly (August 1984) 108 .................................................................107
99. Institute of Cetacean Research (Juridical Foundation) - Deed of Endowment, (30 October 1987 as
amended on 20 October 1999), Institute of Cetacean Research website,
<http://www.icrwhale.org/kifu.pdf> on 16April 2011 [excerpts] ...............................15............ 1
100. Government of Japan, Cetacean Research Capture Project Implementation Guidelines,
Directive issued by order of theAdministrative Vice-Minister forAgriculture,
Forestry and Fisheries, 62 Sea Fisheries No. 3775, (17 December 1987) ▯ ................................ 129
101. Government of Japan, Re: Implementation of the Cetac ean Research Capture Project,
Directive of the Director-General of the Japan FisheriesAgency, 1987 Sea Fisheries
No. 3777, (17 December 1987 as updated to 28 March 2007) .................................................. 133
102. Government of Japan, ‘Report to the Working Group on Socio-Economic Implications
of a Zero Catch Limit’(1989) IWC/41/21, 41 [excerpt] ........................................................... 139
103. Government of Japan, ‘ACritical Evaluation of the Relationship between Cash Economies
and SubsistenceActivities’(1992) IWC/44/SEST5 .................................................................. 141
104. Government of Japan, Jap an FisheriesAgency, “Whale Meat Consumption Per Capita in
Japan”, under cover of facsimile from Takanori Ohashi, Japan FisheriesAgency, to Mr Puplick,
Chairman, National Task Force on Whaling, Government ofAustralia, 18April 1997 ........... 148
105. Government of Japan, “Plan for the Second Phase of the Japanese Whale Research Program
under Special Permit in theAntarctic (JARPAII) – Monitoring of theAntarctic Ecosystem
and Development of New Management Objectives for Whale Resources”, 2005, SC/57/O1
[not includingAppendices] ........................................................................▯................................ 151
106. Government of Japan,Administrative Vice-Minister, Ministry ofAgriculture, Forestry and
Fisheries (T Shirasu), Transcript of Press Conference, 14April 2008 [excerpts translated] ..... 175
107. Government of Japan, M inister forAgriculture, Forestry and Fisheries (HAkamatsu),
Transcript of Press Conference, 9 March 2010 [excerpts translated] ........................................ 180
108. Government of Japan, Tokyo LegalAffairs Bureau Nakano Branch, Certified Record
of All Closed Register Particulars: Kyodo Senpaku Kaisha Ltd, Corporate Reg▯istration
No. 0100-01-041436 (22 December 2010) ........................................................................▯........ 184
109. Government of Japan, Tokyo LegalAffairs Bureau Nakano Branch, Certified
Record of All Historical Register Particulars: Kyodo Senpaku Kaisha Ltd,
Corporate Registration No. 0100-01-041436 (22 December 2010) ......................................... 200
110. Government of Japan, Jap an FisheriesAgency, “Results of the 24thAntarctic
Ocean Cetacean Capture Survey (JARPAII) in FY2010” (Press Release, 21 March 2011)
at Ministry ofAgriculture, Forestry and Fisheries website,
<http://www.jfa.maff.go.jp/j/press/enyou/110321.html> on 18April 2011 .............................. 210
2Japan Whaling Industry Documents and Publications
111. Special Survey Projects Business and Service Document, (24 November 1988) .................... 216
112. S Ward, Biological Samples and Balance Sheets, (Institute of Cetacean Research, 1992)
[excerpt] ...........................................................................................................................................225
113. H Hatanaka, Foreword to the Institute of Cetacean Research (ed), The 3rd Summit of Japanese
Traditional Whaling Communities: Muroto, Kochi: Report and Proceedings (Institute
of Cetacean Research, 2004), 7 ........................................................................▯........................ 229
114. Institute of Cetacean Research, Rules for the Processing and Sale of By-Products of the
Cetacean Capture Research Program, (ICR No. 570, 12 January 2001 and as amended
to 31 May 2006) ........................................................................▯............................................... 232
115. Kyodo Senpaku Kaisha Ltd, “Subject: Changes in the Shareholder Composition”,
(Press Release, 24 March 2006) at Japan WhalingAssociation website,
<http://www.whaling.jp/english/articles/060324news.html> on 9 March 2011 ..................... 241
116. Institute of Cetacean Res earch and Geishoku Rabo, LLC, “New organisation for
whale meat sales promotion”, (Press Release, May 2006) at Japan WhalingAssociation
website, <http://whaling.jp/press/press06_05.html> on 9 March 2011 .................................... 242
117. “Japan FisheriesAgency and ICR Establish Whale Meat Retail Company,
Develop New Sales Channels”, Isana 26 (Japan WhalingAssociation, June 2006) ................ 244
118. Institute of Cetacean Research and Kyodo Senpaku Kaisha Ltd, By-Product Consignment
Sales Agreement, (5 June 2007) ........................................................................▯....................... 246
119. Institute of Cetacean Research, 2007 Fiscal Year Antarctic Ocean Cetacean
Capture Research Program: Request for Authorisation of Sale and Processing
of Whale Products, (ICR No. 1026, 22 May 2008) .................................................................. 253
120. Institute of Cetacean Research, 2007 Fiscal Year Antarctic Ocean Cetacean Research
Capture Program: Report on Sale of Whale Products, (ICR No. 1036, 1 September 2008)
[excerpts translated] ........................................................................▯.......................................... 268
121. Institute of Cetacean Research, Board Members (16 September 2009), at Institute of Cetacean
Research website, at <http://www.icrwhale.org/YakuinList.pdf> on 14 January 2011 ............ 278
122. Institute of Cetacean Research, “2009 – 10 Southern Ocean Research Whaling
By-Product Sales”, (Press Release, 14April 2010) at Institute of Cetacean Research
website, <http://www.icrwhale.org/100414ReleaseJp.htm> on 18April 2011 ........................ 280
123. Institute of Cetacean Res earch, FY2009 Business Report, (30 September 2010)
at Institute of Cetacean Research website, <http://www.icrwhale.org/H21jigyo.pdf>
on 16April 2011 [excerpts translated] ........................................................................▯.............. 284
124. Kyodo Senpaku, “Production and handling of gifts and dispensations of meat from the
23rdAntarctic Ocean Cetacean Capture Program”, (Press Release, 11 May 2010) at Japan
WhalingAssociation website, <http://whaling.jp/press/press100511.html> on 9 March 2011 ..304
3Media reports
125. Z Doi, “Don’t put out the light of whaling. My view: Takehiko Takayama”, Asahi Shimbun,
1 June 1986 (morning edition), 4 [excerpts translated] ............................................................ 306
126. T Ito, “Imminent Lock-out from the Sea: Report on Location from theAntarctic Ocean
Whaling Grounds (Part 10)—Scientific Whaling Budget Reinstated (serial article)”,
Yomiuri Shimbun, 24 February 1987 (evening edition), 14 ...................................................... 309
127. “FisheriesAgency Director-General Told by Prime Minister: Do Scientific
Whaling that Won’t be Criticised”, Asahi Shimbun, 26April 1987 (morning edition), 2 ........ 312
128. “AMessage to the World: Sustainable Whaling. Three Whaling Groups’New Year’s
Press Conference”, The Fishing & Food Industry Weekly, 1559 (25 February 2003), 19 ....... 314
129. “Debate: Pros and Cons of Scientific Whaling”, Mainichi Shimbun, 3 October 2005,
3 [column by T Kasuya translated] ........................................................................▯................... 318
130. K Nakano, “To Protect Whale Eating Culture, The Japan FisheriesAgency SupportsAMeat
Wholesaler to Develop Sales Channels Targeting School Lunches”, Nikkei Sangyo
Shimbun, 29 May 2006, 21 ........................................................................▯............................... 321
131. “Shimonoseki City Opera tor of Shimonoseki KaikyokanAquarium Becomes Scientific
Whaling Major Shareholder; City to Support Re-start of Commercial Whaling”,
Nihon Keizai Shimbun – Regional Economy Section: Chugoku A, 4 July 2006, 11 ................ 325
132. “Kyodo Senpaku: 980 Shares Each to Five Foundations in Total Share Transfer”,
Nikkei Sangyo Shimbun, 4 July 2006, 18 ........................................................................▯.......... 327
133. T Miyazaki, “So That’s Why! Economics: Marketing Power-up, Boosting Excess
Consumption at Pubs and School Lunches”, Yomiuri Shimbun, 5 September 2006
(morning edition), 11 ........................................................................▯........................................ 329
134. “Whale meat sales to live stock producers: Targeting non-fisheries sales channels”,
Nikkan Minato Shimbun (Fisheries & Food News), 27 November 2006, at Japan Whaling
Association website, <http://www.whaling.jp/news/061127m.html> on 21 February 2011 ........334
135. K Oyamada, “(Observer: Taxes – Lifestyles – Money) The Real Reasons for Continued
Whaling”, Asahi Shimbun, 18 January 2008 (morning edition), 8 ........................................... 336
136. K Oyamada, “Scientific Whaling: Financial Pressure. ICR misses ¥1 Billion Financing
Repayment in 2006/07Account Settlement”, Asahi Shimbun, 2 February 2008
(morning edition), 9 ........................................................................▯.......................................... 338
137. K Oyamada, “(From the coalface) Whale Meat Goes Unsold. Supplies Increasing, But
Distribution Channels Not Expanding. Government-Backed Distributor Opera▯ting at Loss”,
Asahi Shimbun, 19 February 2008 (morning edition), 8 .......................................................... 343
138. “SuspicionArises over Research Whaling Program. Former Crew Member Says Company
Approved”, Asahi Shimbun, 15 May 2008 (morning edition), 3 .............................................. 347
139. K Oyamada, “Commenta ry: Difficult Situation Reflected in Whale Meat Consumption”,
Nishi Nippon Shimbun, 15 June 2008, 12 ........................................................................▯......... 352
4140. ‘“No On-selling of Whale Meat’: ICR Investigation Report. Allegations of Unauthorised
Removal of Whale Meat”, Asahi Shimbun, 19 July 2008 ........................................................ 354
141. K Oyamada, “Sluggish Demand and Protests Encourage First Cut to Scientific Whaling
Target (Corrected copy)”, Asahi Shimbun, 13 November 2008 (morning edition), 1 .............. 356
142. “IWC: Last Chance for Normalisation. Three Whaling Organisation Chiefs”, Seafood Sector
Journal, 1490 (March 2009) 26 ........................................................................▯........................ 358
143. H Sugimoto, “Interview/ Masayuki Komatsu: Commercial whaling could besustainably
resumed”, Asahi Shimbun, 31 May 2010
http://www.asahi.com/english/TKY201005300214.html on 9 March 2011 ............................. 364
144. “V ows to Fight the Good Fight at IWC Meeting”, Minato Shimbun, 24 May 2010, 3 ............ 370
145. “Reaffirmation of Whale Meat Culinary Culture”, Suisan-Keizai, 24 May 2010, 6 ................ 373
146. “Whaling Issue Petitions” , Nikkan Suisan Keizai Shimbun, 10 June 2010, 3 .......................... 375
147. “Whale Meat Consumption – One Third of Horse Meat”, Sankei Shimbun, 27 June 2010, 25 ...380
148. T ranscript:Australian Broadcasting Corporation Television, ‘Former Japanese
fisheries boss joins Lateline”, Lateline, 17 June 2010 at
<http://www.abc.net.au/lateline/content/2010/s2930193.htm> on 9 March 2011 ................... 382
149. AIdeta, “Feature: The Greenpeace Theft Tria”, Chunichi Shimbun, 26August 2010
(morning edition), 12 [excerpt translated] ........................................................................▯........ 385
150. “Fisheries Agency Personnel Disciplined forAccepting Whale Meat. Five Supervisors
on Research Whaling Vessel”, Hokkaido Shimbun, 23 December 2010, 25 ............................. 390
151. “New Developments Under Severe Conditions. Interview with Mr Fujise, Director-General,
Institute of Cetacean Research”, Nikkan Suisan Keizai Shimbun, 27 December 2010, 2
[excerpt translated] ........................................................................▯........................................... 392
152. “Three Whaling-Related Organisations: Promoting Whale Meat by Strengthening the Sales
Structure”, Minato Shimbun, 24 January 2011, 6 ..................................................................... 396
153. M Dickie and P Smith, ‘Stay of execution: Japan suspends whale hunt’, Financial Times,
17 February 2011, 10 ........................................................................▯........................................ 399
154. “Halt of Japan’s whaling mission provides food for thought”, Mainichi Daily News,
19 February 2011, at
<http://mdn.mainichi.jp/perspectives/editorialnews/20110219p2a00m0na0010…;
on 22 March 2011 ........................................................................▯............................................. 401
Additional Documents
155. P Birnie, “Opinion on the Legality of the Southern Ocean Sanctuary by the
International Whaling Commission” ........................................................................▯................ 403
156. Government of Japan, “The Program for Research on the Southern Hemisphere Minke Whale
and for Preliminary Research on the Marine Ecosystem in theAntarctic”, 1987, SC/38/04
[not includingAppendices] ........................................................................▯................................. 405
5 Annex 82: Special Permit No. 17-SUIKAN-2389 of 1 November 2005
Sp~ci Per•II
Permi No17-SUIIWi-2389
DatedNoveaber1.200&
Issued to: The!oslilul e or Cn Research
Director: .HiroshiHATAIIAIA
Address: 4-TOYOII-cb~C fho~oIokan.
Issueby:!lr. SYIIilAKAGA Wiaisteror Agultore. PorestryandFisheries
Tbispertil authorhes the illPieaoeatuion or the research take or
Anfarric Iinke whalesandFlo•bales lor scieolllic Plrposesin the Antarctic
Oceao.
I Purposeof research :
Research of alestocksia the SouthernHe.ispbere
2Methodor research :
Researchtake osins srenadcharpoons
3Vesselusedand gross loanage:
Nissbin-11a(S. 030.OOGn
4 VesselsaccotPan!ed :
<D Sa~pl viesgls accoapaoied
Kyo-a rNo.I {812.08G1)
Yushloaru No.2t141. OG1)
lasbin-aa(720.OOGTl
<%>Sigbtiog vessel
Kyohsin-caruNo.2(372.00GO
Kalkou-aara(860.25G)T
50'f!lerof tbe Vessel :
KyodoSeepao LTD.
Ol'fSBOOEPEBT!OliLTD.
6 Speciesand nulher of wls lob e taken lor Research
Kiuhin-tJaru and UL1Plviessels accocied : BSAnlerllc ainke
•halesud 10Fin wbals
Howenr. It is auliNlrhedto lake up to 935Aaterctic aiuke whales. if
itisso reuired lol~ purpostoii!Pit.enltresearch.lllwaalake
lbales are excluded.)
61 lesearcb area .
Designa tot~hd waters south o60 s. east of3~ E. east or:TSE.
excludias tbe200 mile zoaes of foreiJD countries.
8 Durationof ralidlty or this perail :
Fro• Novembe8rth. ZOOSto APriI 18111!.006
9Terss andconditions:
(!) II shallbe prohibited to take species other tbn tbose prescribed in
paragraph6 or to elceed lhe nonberof take prescribin paragrapho.
(21Aaywhalestakea underthis perait shouldsofar as practIcable be processed
alter the observation andcollection of seoles.
(3)Results of tbe research shall bereported to the l!inister of Asriculture,
ForestryaadFisheries i•dlale ly upontbe coapletion of opention of tbe
research.
(4)Al:coootinJepart regardinIbe research shall besub.illed to the lliAistcr
of Agriculture. Forestry afis~er imeDedlatelvUPOtbe coDtllletionof
o~er iaotof the research.
l5l Thecold grenadebarpounshdl not be used UJless it is ueraltled by tile
Director-Generalol tbe Fhheries Ageasynecessaryfor the iiPlc.entalion
or research andunless IIsusedas lbe secondharpoonInorder to shorten
the ti.e to death of tbe •bale wh~sb struck by the explosive grenade
harpoon.
161Rilles on board sball be used only for the purposeol shortening the ti111:
to death ofhales.
Rilles shall be used as tbe ulo secondary killiDg technique unless
d!fliculliesuise with rilles or bunters.
(1]This per.it shall be placed onboard Lhevessel daring the operalioP of tbe
research.
(8) The!las specif ied in fora Ho.4or tbe notificatio ndated Augustt5tb. 1950
(rei. No.ZS-SUICYo-3& h5)ll be displayed on the vessel.
(9)Elforceoent officials. or peulo.rhohan responslbIity lor tbe research
sbII be oo board tbe vesseI.
(t) It shali be prohibited to refne fisheries Inspector to be on board the
vesseI.
(II)Damageto other fis heries causedby the operatloa sball beCOIPC11ndlie
consultation with tbe partieconcern~
!12) Tbebearer of the Pelllil sbdl aot refuse the Preseolafioa ol report which
is required lor lbe PliPOSeof coordlaatiog Ibis operation with other
fishing operat ioas.
(13)The research shall bhtple~~e onderdtbe auidaaceand supcrvisioa by
the Director-General of tbe Plsberies Agencyobere and if appropriate.
1141This peraif could be wilhdraii'JIIf violation to these teres aodconditions
be observed.
~ol: et, docm>eI•IDu•olllctat tnut&lloolllt110n>ool lbelatmalicmatlboliu
Couintoo. Tbeorbtool perw!tlotl2PSoeSlatP&&Is tbo>IYolltctotTcrsol lhls
p~rlal.
7 Special Pen;il
PeraltNo.17-SU!~2389
DatedNoveaber !200~
issued to: lbe institute ol Cetan Resea:b
Director: Dr.Biroshl HATANAKA
Adderss : 4-5.Toyoa-icbo,Cblol-tu.iokYoJ.apu
Issueby: llr. SYilii AXAGA liaiis.ter ol ARirculture. foracdFisheries
Tbls oerell authorises the lmpleaetatioo ol the research tate ol
Antarctic ainkewhalesaadFiRwba les lor scienlie POt1s>es in theAtu ellc
Ocea.n
IPurooseol research :
Research ol whalestockslo the SoulbermHe•lspbere
2 Nelhod ol research :
!esearcb take usioggrenadeharPOons
8 Vessel used andgross tonnage:
Yushin-maru InD.OOGn
4 lesearch base tbe oeraittej vessel belongsto ;
Nlsshht-.aru 1,030.OOG1!
5 Owner ol tbe Vessel :
liYodoSenoau LT.D
6Species and numberol whales tobe takenlor Research
Nlssbln-saru aodsupling vessels accoapuied : 850Antarctic Iinke
whlaes ~d 10 Fin whales
llo•ever.il Isauthorized to take uplo 93SAutarctlc Iinke wba,eiI
it is so requfredlor thepurposeto illl>ltsenltheresurcb. Ollluke
•bales are exclude.d)
87 aesearch area :
Designatd to lbe waters south of 60 S. east ol 35. east ol 175E.
excluding the 200mile zonesor foreign countries.
8 Duralion of nli dilYof Ibis permit :
FromNovembe 8rth. 2005to April 18th. 2006
9 Teras andconditions:
{I) ll shall be prohibited to take species other than those prescribed in
paragraph& or to exceed·the numberof lake prescribed in paragraph6.
(2) Anywhalestakenunderthis permitshouldso far as practicablebeprocessed
alter the obserYationandcollect ion ol sales.
13) Results or lbe research sball be reported to the Ministerof Asricullure.
PorcslrY andFisheries immeditely upon the completionof operationol the
research.
(41AccountinglePOr!regardingtheresearchshall be sub1itted to theMniister
ol Agriculture. Forestry andFisheriesl~aediY a tpoi the cocpletionof
operat ion of the research.
(5) Thecold grenadeharpnonshall not be usedunless il is permitted by the
Director-Generalof IbeFisheriesAgencyas occessarvIor theimpleaenallon
or researchandunless it is used as the secondharpoon ia order to shodcn
the time to death of the whalewbicb wasstruck by the explosivegrenade
harpoon.
(6) Rilles onboardshall be usedonlYlor the purposeor shorteningthe lice
to death ol whale.
Rilles sball be used as the 111ainsecondary kill ing technie unless
dillicullies arise with rille s or bunters.
(7)This permitshall beplaced ooboardlbe vessel duringthe operationol tbe
research.
(81Theflag specified in formNo.4 ol !be notification datedAugust15th, 1950
(ref. llo. 25-SUIGYG-364s5a)ll bedisplayedon the vessel.
(9)Enlorce&eoo tfficials. or person!sl haveresponsibility lor theresearch
shall be on board lbe vessel.
001 It shall be prohibited to refuse fisheries inspector to be onboard the
vessel.
(Ill Dauase to other fisheries causedby tbe operat ionsball be compensined
consultation vi!b tbe parties concern.d
(12)fhe bearerof the pera!t shall not refuse the presentationof report wbiob
is reQuiredlor the purposeol coordinating Ibis operation rl!h other
fishing operations.
(131The research shall be i~plem deundterthe guidanceandsupervision bv
the Director-General of theFisheries Agencywhere and if appropriate.
(14)This penr.itcould bewilbdrawnil violati onlo these teras andconditions
be observed.
Note:Tbisdocuoelis a.nunoHictal lranslatlonfl'tlrJsf lbe loterutio.-tla.lllli
Coaission. Tbeoriginalptmit (bthpuese Jaugvaai:setheoolvoffiters ofnt~is
perait.
9 Special Permil
Permit1\l.-SOIIWH389
DatedNoveaberI2005
Issued toThe Jnstilule of CetaceanResearch
Director: D.rHirollATANAK.I
Address: 4-5.Tovh:ho. Chuo-k, ok)I. pan
Issuedby:Jir. SyolchiNAKAG~i nis ofA griculture, Forestry andFisheries
This perlli!t authorizes the ietation of the research take of
Aotarclic minkewhalesandFin •11alesfor scient! lie purposesin the Antar¢tic
Ocean.
1 Purposeof research :
Researchol whalestocks in lbe SouthernHemisphere
2Method of research :
Researchlake using grenadeharpeons
3 Vessel usedandgross tonnage:
Kyo-marulio.t18.8GD
4 Researchbase the perailted vessel belongs to
Nisshi!Nlaru (8,.OOGT)
S Ownerof the Vessel :
KvodoSenpakuLTD.
GSpecies andnumberof whles to be taken lor iesearcb
Nissbin-carund supling vessels accoll!alnied : 850 Antarctic uioke
whales and 10Fin whales
Hoever, it is autborited to take up to 935Antarctic uin, ifales
it is so rired lor thepurposeto iJPiementthe research. Olt'arlmlnke
whales are excluded.)
107 Research area :
Desfgnated lo t~bwaters south of 60 S. east of 3~'E.east or 175E.
excluding the 200oiie zones or r'orelgncountries.
8 Durillon of validity ol this permit :
Fromllovcaber81b. 2005lo AoriI 18th. 2006
9 Termsand condit ions:
(I)It shall be prohibited to take species other thn those prescribed in
paragraph6 or to exceedthe numberof take prescribedinparagraph &.
(2) Ao~hal easenunderthis permit sll1luldso far aspracticable beprocessed
alter the observation andcollection ol sample.s
(3) Resolls of the-research shall be reported to tinister ol Agriculture.
Forestry andFisheries immediatelyuponthe completionof operation of tbe
research.
(4)AccountingReport regardingthe research shall besubaitled to tbellinister
o/ Agriculture, Forestry andFisheries !mediatelyupo ~he completion ol
opera!ioa of the research.
(5) Thecold grenadeharpoon shall not be usedualess il is perait ted by the
Direclor-llenera) ollhe Fisheries Ageasnecessarylor the iplecentation
of research andunless l lsusedas lbe secondhafllOOD in order to shorten
the ti•e to death of tbe vbale wbicb ''as struck by the exPlosive grenade
harpoon.
(6) Rifles oo board sball be usedonly for the purposeo! shortening thliiiC
to death oJ wales.
aifles shall be used as tbe aain secondary kill ing technique unless
di!ficulliesarise with rilles or hunters.
(7) This permit shall be placedonboard the vessel during the operation o/ the
research.
(81 Theflag specilied in fora .4 of the notification dated August15th,~~0~
(ref. No. 25-SUIGYG-364s5 h)all be displayed on the vesseL
(9)Enforcementollicia ls. or person(s) whohave responsibiIity lor theresearch
shall be on board the vessel.
(10) It shall be prohibited to refuse fisheries inspector to be on board the
vessel.
(II) Daaageto other fisheries caused by tbe operation shall be coapensaledin
consullalloo witb the parlles concerned.
(l2) The bearer of the permit shalI not refuse thepresentation of report which
Is required for the purposeor coordinating this operation witb other
fishing operalions.
(131The research shall be implemented under the guidanceand supervision by
the Director-Generalof the Fisher-ies Agencywhereand if appropriate.
(14JThis permit could be witbdrawoif violation to these !eros andconditions
he observed.
Note:Ibis d<xellIsan~nol ellttmst• tinlor the""'ose s t~eIDternetion•llllalln£
Coouisston.Theotlgiaal per111i1n thelapII D!Ilis theoatvotlicla l•erslon olth l<
pertL
11 SpecIalPeni~
Per.It N.1-SOT!W3 l29
OatedNO'ICir l. 2005
Issued to: Thelostltu te of CntRese~rcb
DirectorD~Uiros hATANAKA
Address : 4-S,Tai-cho.Cbuo-k.okyo.pu
Issuedby:llr. SyoichiNAKAGKi1is.ter of Asrlctllure, ForestrYndfisbe ries
This perI~ authorites tbiQPie~~ iea\o11the research take or
Antarctic aiDke•hales ud Flu whalesfor scieatilic purpases in \be Antarctic
Occu
I Purposeof research :
Researchor t'hale stocu iu the Soulhen Beresphe
2 Methodof research :
Researchlake usius greuadeharpooos
3 Vessel used andcross toauase :
Yusbinmaru No.2 (747. 0Drr0
4 lesearcbase tbe peraltted vessel .betoogs
Nissbia•uru (8.0. OtGll
5 Owoerof the lesse l :
£yodoSeopku LTD.
6 Species aad numberor rhales to be takea lor Research
Nlssbln·mr aad sa~pl viesels accompanied: 850 Antarctic 1ioke
Jhales and10fin •hales
However. It Is autborl•ed to lake up to 935Alltarctic aillke l!tales. il
it is sottIred Ior tbepUrposliPle~ t~ernsarch. m.ar•inke
wbalesare excluded.I
127 Researcharea ;
Desii!J!aleto the 1'alerssouth o60 S.east of 35 E, east of 175E.
excluding the200 Dile zonesof foreign countries.
8 Dura!ionof validity of this permit :
PromNoveabcrSlh, 2005 to April 18th,2006
9 Teras andconditions;
(I)11 shall be prohibiled to lake species otherIban those prescribed in
paragraph6 ur to exceedthe nu~b oefrtate prescribedinparagraph6.
121AnywbaIes takenunderthIs perct shouIdso far as praIcabIe beprocessed
alter lbe observation andeolleet ion of saaples.
[3)Results of the research shall be reported io the Minister of A;;rl,ullure
forestrYand Fisheries illlletely uponlbe completionor operationof the
research.
141AccountingReJXlrregardingthe researchshall besublllliled to ~lolster
ol Agrlculture, ForeTY andFisheries immediatelyDJXltUhe competionof
opera!ion of the research.
(5) Thecold grenadebarpooashall not be used unless it is permittedby the
Dlrector-{;eneralof tbeFisheries Ageas necessrv lor the1®1e1enIalion
of research andunless il is used Ibe secondharpoonin order toshorten
the time to death of Ibewhale~ble wasstruck by lbe i!Kplosivegrenade
harpoon.
(6) Rifles onboardshall beusedonly lor the purposeof sborte~ lbenlgme
10 death of whales.
Rifles shall be used as the main secondarykil ling lecbniauc unless
diflicultles arise with rilles or bunters.
(1) This per»it shall beplacedonboardthe vessel during theopenlion or the
research.
(8) The!lag specified in form.No.of t11enotilicalioo datedAUgust5th, 1950
(rei. N. 25-SUlGYo-364 5hall be displayed oo the vessel.
(9)Eolorcellentofficials. or person(sl •hohaveresponsityIlor therescl!Ich
shallbe on board the vessel.
liO) II shall be prohibited to refuse fisheries inspector to be onboard lite
•essel.
(II} Damagteo olber fisheries causeby the operation shall becompensatein
consultation with lbe partiesconcerne~
/12) Thebearer of the per11ilshaII not reruse the prescnIationof rtwhlch
is reQuiredlor the purposeoJ coordinating Ibis operation w!lh other
fishing operations.
(13) Theresearch shall be iaplee.oted under the guidanceandsupenision by
the Director-Generalol the fisheries AgencYwhereand il appropriate.
(14)This peruit could be withdraif violation to these termsandconditions
be observed.
!~t: Thisdocuc.eis aou.uoUil translationfor tht sesoftbeJulerna.lion.aJlhaliog
Coui,. ioo.Tbcorisina~~tllI•theJa~~&o lasuut ~:IheonlYofficial <er>of this
per!&~.
13 SpecleI Pril
Permi No.17-SUIIWi-2389
atedNoveaberI.2005
Issued to: Tlo~tl tuCetacen Researcb
DirectorD~HirholsHATANAKA
Address 4-5.Toyomi-c.ohu~k uo.yoJ.apu
Issuedby:frSvoicbiNAKAGA Jkiaister of Asricullue . Forestryud Plsbcries
Tbls Ptrllaulborins he iaple~ i:~ efllearesearchtoke of
Antarcti11inkwhalesaadFinhales lor scientific purposesAol~herccl
Ocean.
t Purposeor research :
Research of tbale sthckLheSouther. Beelsphcre
2 Methodof research :
lesearch takeusigrenadeharpoo=s
3 Vesselused aadgross tonoage :
Kyobsin-uruKo.2 (37.OGn
4 Researchbase !be peraltted vessel beloags to :
Nlsshia-uu (8.030.OOG1l
5 Ower of tbe lessel :
KyodoSeapauLTil
6 Species andnuaber of tbalebetakea for Research
~lssib-aru and saaplingvessels apanied : 850ntarctic Iinke
whalesand 1Fin hales
However.II Is aulhorhed to take np to 935A.olottbalcs. if
itis so required lor tbepurposeto imPlenollbe researflnkeDwarW
wllalesare exclu.ed)
147 Researcoarea :
Designatedto tbe waters south ol 60S, easl or 35 t east ol 175 t,
excludingthe ZOO m'ite zonesol foreign countries.
8 Durationol validill' ol Ibis oerait :
l'rooNovCilbe 8rlb, 2005to April 18tb. 2006
9 Terns andconditions:
(1) 1t shall be prollibited to lake species other lhao those prescribed in
naragraJlb6 or to exceedthe numberol lake prescribed in paragraph6.
(2)J\oy•·hales takenunderIbis permitshouldso far as practicable beProcessed
alter the observalion andcollect ion ol samples.
(3) llesulls or the research shall be reported to the Miaister or Agriculture.
Forestry andl'isberies iJJIIDediateJyonthe coiiPielionof operation ol the
researcb.
(4)AccounltngRfoortregardingthe researchshall besubailted to theMinister
of Agriculture, Forestry andFisheries iuediately uponIhe comlpetion ol
operat ion or tbe research.
(5) the cold grenadeharpoonshall not be usedunless ll Is permilied bythe
Director-GeneraIof theFisberiesAgencY asnecessaryfor the!m pIemenlallon
or research andunless 1l is usedas the secondharpoonin order In shorten
the lime to death of the whalewhichwasstruck by the explosivegrenade
harpoon.
16)Rifles onboardshall be usedonly for Ihe purposeol shorteningthe lime
to death or vbales.
Rifles shall be used as lbe 11alnsecondary killiug technioue unless
difliculties arise w\lh rille s or hunters.
{7)this perait shall beplacedonboard the vessel duringtheoperaI!onor the
research.
(8) Theflag specified in fora No.4of thenotification datedAugust15th, 1950
(rei. No.25-SUIGY0-364s5 h)all be displayedon Jbe vessel.
(9)Enforcementofficials. or nerson(s) whohaver.espansibiIilYfor tbe research
shall be on board lbe vessel.
00) Il shall beprohibited to reiU$Cflsheries inspector to be Oflboard the
vesseI.
(II) Damageto other fisheries causedby the operationsnail becompensated in
consultatioo with the parties concerned.
02) Thebearer of the perail shall not refuse the presentationol report Wliic
fishing operations. purposeol coordinating this operation with other
03) Theresearch shall be implemented underthe guidanceandsupervision by
lhe Director-Generalof lbe Fisheries Ag ency where and il appropriate.
041 Thbe observed.ld bewiihdrun II violation to these term s andcondit ions
Mote:Tbisdoeu;uotIs •• uoofflcial trn slallon ~UTPOheoirebe l>temtloaall!hallog
Cllllllli.n Tteorlslnal perolt lo tholap&De"lacccarcIs theonlyofficial versionof Ibis
perm L ~
15 Special Per1il
Pe111il o17-SUIK.IJI-2389
DatedNovembe I,2005
Issued to: Tbelnslilule of Cetaceaniesearcb
Dlreclor: Dr.KlroshI IIATAiiAEA
Address: 4-5Toyom -lho. Chu-olru.ToIapan
Issuedby:M.r SvoicbiNAKAGA liAi.sler of ARricul, Foreslru• Fisheries
Tbis per1i1 aolboriJes the impleaeotarioo of the research lake of
Antarctic aioke•hales andPin•hales lor scieotillc parpa!1sthe Antarctic
Ocean.
IPtrpase of researc' :
Researchof whale stocks lo tbe SouthernRealsphere
Z Nelbodor research :
Researchlake usiA«grenadehurpnoos
3 Vesselusedandgross loooase :
Kalkou-maru18602.5GT)
4 Researchbase lbe per1illed vessel belong10
Nlssblo-.aru(8.030.OOGn
5 Ownreof theVessel :
KyodoSenpaku LTD.
6 Speciesa•d number of whles to be take• lor Research
~iss- buirnuud saapling vessels accompualed :850 Antsretic aioke
•bales aad10 Flo whals
Howeveri.t is autborhed lo lakeup to 935Aularclicmiuke..halesif
it is soreQuiredlor lbeparpaseto illlllleaeutthe researchfrMinke
•bales are excluded.)
16 1 ftesea areac~
Desii!Di.tto the •aters south of~0 S. east of 35 E. east of 171!,
cxcladinr tbe 200site tones or foreign countries.
8 Duralton or validitY or thiper !~ :
FromHovembeB rib. 201)to April 18th.2006
9 TerEsand conditions:
(I) It shaII be prohibited to lake species oIher !ban those nrescribed in
paragraph 6 or to exceedthe nu•ber ol lake prueribed in paragrap6.
(2)AnywhalestakenunderIbis pe111 1ishouldso hr aspraet!cablebe pr~eued
after tbe observation andcollectioo ol Sllllllts.
!3J tesultsor tbe research shall be reported to the Miuster of Agricullore.
ForestrY andFisheries iuediately upoathe coupletton of operalion of the
research.
(4)ActoantlnsReportrecardiag the research shall besubaltled to the Minister
of Asriculture. Forestry ud Fisheries icmcdialctyuponthe coqpletion of
Olltrallon of lhe research.
(51Tbecold creoade harpaooshall ool be used unless il is perailleby the
DirectoMieoeral of LbeFisheries Aseocyesnecessary lohe iaplemenlalion
of research eodunless il is usedas the secondharpooninorder tu shorten
the lioe lo dealh of the <hale wbicb was struck by lbe explosive grenade
harpoon.
16) Rilles on boardshall be ue d only lor the purposeor shortening Lbeti&e
to death or fbalcs.
Ri lles ;hAllbe used as the aail secondary klllln& lcchnlqoe Ullless
difficultiesarise with rifles or huRters.
171This permit shalbe place<looboard the vesseldariqglbeo~> otheation
research.
(8)Tbeflu specified Ialorallo.4 of thecoltricalion dat.,UII!SI151b. 1950
(ref. ~o. Z5-SUICYG sall be~dilplayed 01 lbe vessel.
(9) Ealorceaeal officials. or peIs)whohve responsibiIity for Iberesearch
shall be oo \card the•esse!.
(10) Itshall be prohibited to refuse fisheries iospector to be oo board lbe
vessel.
IIU D&ageto olher rtsherles causedby the operation sbalbe compensatedin
consulaIton wllh the pariies concerned.
liZ)Thebearer or the permit sball not refuse the presentation of report which
is required for lbe purposeof coordinating this operation Wlib other
IshIus operaLions.
(11 Theresearch shell be ilple•eoled uner tbe guidaoceand supervision by
the Director-General or !be fisheries Asencbere and il appropriate.
(14) This perall could bewltbdrawnif vlolat ton to tbese te111sandcondllioas
be observed.
Nolo:This4ocoonl h •• .. official lmslall1bt PIIJ'O'Uof Jueraatlol ibiliac
eo.. ts.to:Tbtorl1loa~>tr Iaiilla~>U Ie11<11Isll>t01lofficial torsolIbis
permit.
17 Annex 83: Special Permit No. 18-SUIKAN-2610 of 13 November 2006
Special Per1il
Perail No.18-SUIIW!-2610
DatedHoveabcr1. 2006
lsscod to: Tbe lnslloflC~taceanKesearcb
Director: Or.Hisi IIATANAXA
Address: 4·5.Toyoal·cC,buo-.TokyoJ,apan
ls.seby:Nr.llatooYAliAGISfAi.aislerorAsrlcoltnre. ForestryandFisheries
ad ioterl1
This pcrult aorborites the iapleaalat ion ol rbe researcoftake
Antarcticaiake •bales acdfia wbaleslor sciealillc nurpasesI• lbe Anlorctic
Ocean.
I PurPOseor research :
Researchor whalestocks In the SouthernHtaispbere
2Mettod or research :
lesearchtakeosiag rrenade harPOOas
3 Vesselasedandgrosstonnage:
NlssbiiHiar(8030.OOGTl
4 Vessls accoapaaied :
<DSaaplins vessels accoapanied
Kyo-aarXo.U812.o&cn
Yusbl·aaroHo.t (7(7.OOGT)
lusbia-aar(72. OGTl
~ Slgbt lessls
Kyosbim-uru Ho. {37o.ocn
Kaiko-u.aru (860.25Gf)
5 Otier olbt Vessels:
KvodoSenpalrJTD.
6 Speciet~d numberor wales tbe takea lor Rearch:
850Aatarctic mlakerhaland10 flo•hales in tole! by tbe research
fleet iacludlns Ibis vessel
However.It Iaubt~ize lodtakeup to 935Aatarctlc ainke <hales. II
it is so reqniredlorp~rpo tsieople ltheresearch. D•arlalnke
•bales are excludedlrn1 tbe research.
18 7 Resurcb area .
Desigaatedas thewaterssouthor60S. east of130E.westol 145Y,
excludlrurthe 2001ile zonesor foreigncountries.
8 Duraliunor nlldlly of this Ptl'llil :
PrunXovea ~Srb.~00 o ApriIlith,2007
9 Terasandconditions:
II) IIshall be problblted to lake sP«Ies other tban those prescribed in
paragraph6or to erceed.tbnu~b ol akeprescribedIn paragrap6.
12)Allrules takenuoderIbis permItshouldsofar as practicablebeprocessed
after lbe observationaadcollectloo ol swles.
13)Resultsof tbe research stall be reportedt~lnls trArsriculture.
ForestryandFisheries inedllleh UPObe e~leto iof Olll!ratol the
research.
(4)AccounllnRePO trrepr dlnglberesearchshall besub:llltcdto lbeMinsiter
ol Agriclture, Forestanafisheries l11edlateiYaPOathecoaplelioao!
oPtratloa or the research.
(5) Thcold1rcnadeharpoons~•l olt beusedunlessItIs perailledb'lbc
Director-GenerIaof theFisheAgeocavsoecessDrYlor!beiPIC~ Ietloa
of researchaodunlessilIs usedas tbesecondbarpaonio order toshorten
the tlae to cealhor the •bale wbicb••s slrtct bYthe explosl•e rrenade
harpoon.
161Rille$ooboardshallbe usedOGIY forthePtlrPOsef sborteolng ttiae
to death or Yles.
Rifles shallbe usedas the aainseC<~n killry tecbnrqueualess
difficulti es arise witi. rirles or hooters.
(7)Thisper i~shall beplacedonboartbevesselduringlbeouerationol tbe
research.
(8) Tbflag Slll!cirhelor•So.4of thenotification datedAugsut JSlb. t950
(ref. No~5-SIJICY sD-l3be4dsplayedootbe vessel.
19Ealorceaeotolllcials. orpersoo(s)hovtrespoDsibililYlor tlleresearch
shall b~on bo11dIbe.vesn1.
110)Itsballbe prohibited to refuse fisheries iospectorto bou-tthe
vessel.
(It) Duase to o'ther!isheries cbys!.heoperatishall beCOI!li!DSatod
consultationwith tbe parties concerned.
(12'thebearerol the oerait shall not refuse thepreseotaliono•blebOrt
is required lor the purposeor coordinatingIbis operatioa •ltb other
llshing olltioos.
(13Tberesearch shall beimpleoeed uaderlbesuidacteand supervisioby
the Director-Generof the FisherieAgencywher and ilaPProprite.
(14Tb!sPtr licouldbe withdrawil Yiolatio10 tbeseterssandconditloiS
be observed.
kte: Tbldoc~~ itoalolllciallrudalilor lbpcfiiQSur~ ntcrolllonl Wbllloa
c-lssloc.UeorlallllOe.lll a~·'"'i )D"tUis lleoatyofllonrsiOJOitbll
oeraiL
19 SpeclillPerall
PcnoilNo1 . 8-SUIKAN-2610
DatedNovembe 13.2006
Issued lo:rbe lnslitutof Cetacean Research
Director: Dr.lliroIIAHNAKA
Address: 4-5,Tovoni-chC,buo-.Tokyo J,apan
Issuedby:llr. llaYANAGISlA lofst,eorAgriculture.Forestrand Fisheries
ad·interit
This pe111ilauthorizes the impleaentallonor the research takor
Antarctic uinkewhalesandFinwhaleslor scientific purPOsein theAntartic
Ocea.n
I Purpose·or research:
Researchor whalestocks in the Southernllemisphere
2 Methodor research :
Researchtake usinggrenadeharpoons
3 Vessel usedandgross toiUla_:
Yushi-nmaru <120O.OGTI
4 Researchbase ITbeperailted vessel belongstol:
Nissbin"1laru(8030O. OG!)
5 Owneorl the Vessel:
Kvodo SenpaukLTD.
6 Speciesandnusberor whalesto be takeo CorResearch:
850 Antarclic.Dinkewhalesaod10Finwhalesio Iota! bYtbe research
fleet includingIbis vessel
1loweveri.l isautbori ~elakeupto 935Antarcticminkewhale.s if
it is so required lor tiLepurposeto impleaetnthe research.Dwraf•inke
whales are excludedlroa
Theresearch.
20 7 Researcharea :
' llesipated as the waterssouth ol 50S. east or 1!08, est ol 14S'·
excludlnsthe 200aile tones of toreisn coaclrles.
8 livrallonof ulidity of this pomit :
FromHovecberIStb. ~00 to ~ari Illl~%007
9 Tens andcoodiIiou:
(I) It shall be prohibited to take species other thu thosearcscri iob~d
paragraph 6 or to exceedtht oumbeorf takeprescribed b paragraph 6.
(2)Any •halu takeounderthiSPerait shouldso far aspracticable beprocessed
after lbe observation ud collection of SUlli.s
(3)Resultsof the research$hall berePOtred to tbeMinisterol A&rlcululre,
Forestry111f1isheries laudialeJy uponthec~ l etionol opera!ioaof the
research.
(4)AccouoloigReporlresardlogthe researchsbalt besub.tittcdtoIheNioistu
of Asrlculture. ForestrYoudFisheries lozedlalely OPOtbe coaoletio• of
operationof tbe research.
IS)Thecold sreoadeharpooa $&Ill not beuseduoless it is penailtedby tbe
Direclor-Geoerluf tbeFlsbtrles Agencas necessarylor tte i.Q;Jieaeottlaoa
of researchaod11less It Is ued as the seco:xlbaraoooinorder toshorten
the time to deathof lbe whalewhichwasstruck by the explosivesrenade
barpgon.
16!lilies onboardshall beusedoolylor the purpoe s ol sborlenios the ll1e
to death of •hales.
l!ifles shaltbe ued as the aah sttoldary killlos teehnioue unless
diffictlties arise wilhrilles or bunters.
171Tbis perait shalbevi acedooboard tbcvesselduringtheoperationof the
research.
(8)Theflag specilted loIoroNo.4 of the notificatloo datedAuut!Sib, 19SO
(rei.No. 25-SOIGY0-3645 s)all be displayedOJ the •esse!.
(9)Eaforceaeotofficials. orperso(s)•bohaver:espgosibIlly for theresearch
shall be ooboardthe vusel.
(101 llsial ! be prohibited to refuse fisheries lospeotorto beooboardthe
ve~el.
(11)Damasteo ~the fsheries causedby tbeoperationshall becoapens iate~
coosultatioa wilbtheparties tlmcernecl
tJZ)The bearerol t~ permitshal1110treluse tbepresentationof rePOrt"bicb
Is required lor the purposeol coordlnatlugIbisoperation withother
fishing operatloos.
(13)lbe researchshall be iapleaentedoader the guldaaceandsupervisiol by
tbe Director-Geeeralol the Fisheries AgeDt•tere and il appr rlpat~
(14)Thisporail couldbt •ilbdratnif violation to these teras ud coadlllou
be observed.
lloteIbis dOCUnIlI IS U hOI tiCill trlnrltll Ptt!IOf lilt hl<ntll!Oill ftall.,
C~issio Tbtorlslu l penH iuUteh&ttn lluuaaisltt OilYofrtclal versiooo. rbu
per•JI.
21 Special Perait
Pemit No.18-SUIKAii-2610
DatedNovembe1 r3,2006
Issued lo: The Jnstilul e or ean Research
Director: Dr.Hiroshi RJITAilAKA
Addess : 4-5.Tyoni-c.Chuo- To~uyoJapan
Issuedby: r. UakuYAilAGISA linst.e01 Agricullure,ForestryandFisheries
ad inleria'
This pe111iaut ohri~ ehe implecentation ol tbe research lake of
Antarctic mnke whas andFinvbales lor scientific purposesin the Mlarctic
Ocean.
I Purposeol research
Resea[Chor whalestocks in tbe SoutbetnHemisphere
2 Methodor research :
Research take using grenadeharpoons
3 Vesselused andgross tonnage:.
Kyoaaru No.1182.OSGTI
4 Research basefrhepermitted vessel belongs to)
Nissbin-maru(8,0.OOG ) T
5 Orneror tbe Vessl :
KyodoSenpakuLTD.
6 Species andou1berol whals to be taken lor Research:
850 Antarctic mlnketbales and 10Fin whalesin total by tbe researeh
fIeel including lhis vessel
Uowev,erHis authorized to take up lo 935Antarctic ninkewhales. il
it is so·uired lor thepurposelo iople&entthe research. I inke
whalesare excludedfromlbe research.
22 7 lesearcharea .
Designateas the nters soatao60S, east of130K westor 145W.
excludg the 200oile tonesof loreiso countries.
8 Durlion of validilY.~is per1it :
frDaMonaber lilb. 200to Aorll llt2007
9 Tenuaadcoadition :
(I)II shall beprohibiteto Uke species othelban !boseprescribed lo
oarasrao6 orto exceedthe nu1r of takeorescribedIn oaraarapb'
(2)AnYrbales takenunderU!isoer1lt should aspracticablbeprocessed
Iller the obsationud CollecIonof sa.ples.
lSIlesults of tbe researchshall brted to theMiister of Asricolture.
Forestryandfi sherilu~dia upenthe COIPieito•opent ift~e
resurcll.
(4JAccuDtingReportregardingtbe researchsbesublllledthtileMister
ofAsri lctor ~orestryandP!sherles laltdiate ty upoathecompletloaof
operatioaof the resean:b.
(51ne coldsren aarpoonsball nobeuseduatess Itis verailltbythe
Diretlor-Generaloltbe FisheriesAlneyasnecessarbel~~Pieaenlattoo
ofresur an~unlessII Is usedas tbe secondbarpaoaia order toshorten
the thoeto deatb of tbale •bleb ns slrllck bylbe explosiveg:eude
harpoon. .~
161lilies onboardshall beusednly for the purpaseof shorteoiiJ!the llae
to deaib ol whale.s
R!lles shall he osed as Lheoaia secondary killlag teche u less
diffic2ltles arise wltbrillesbunter~
(1Thisper11l shall be plact.dooboardLhevesselduringtheoperationoftbe
research. '
1) Tbellaa specified In ~o.mof !benotiflealiondatedAunst !Sih. 1950
(ref. Mo.-SUIGYQ-364s5h1albedlsployedon Ibevessel.
!91F.nlorcectlllcials. orperson(s)oaverespnnsibiiiiYlor thereseuch
shall be ooboardlh• •esseL
(10)!tshall be prohibited to refusefisheries iuoecbeoa boatdthe
vessel.
(I!Dwse to ather!is~er causedby!beoperalloas~al leco•petJsalin
couultatioo wltb the parties enceroed.
(12)Tbebearero! th~er1 shlll oot refuse tbepresentationof rePOrt'lllltb
Isreqaired lor the PtlrPel.coordloatlng Ibis operationwithother
fishingoperations.
113)Theresearchshalbe i•ple~e uatee!de ruidaaceandsuper•ision by
the Director-Generalor Fise~rleAsgen w~her andilapproPriat~
1!4)Thisper1.it cobe•ilbdrarn II YiolationIn theseteru lDdcoodiliou
br.observ.d
~olentsdOCUitDIsII norliclra.. lali thepnposesftbchtertloullbalill!l
C11uiuloal'bOflliDtl perait IatbeJanuue lntuage Is tlteuill ochisal
ucrai
23 Slltthl Penni
Perall 1\18-SIIWI-2610
DatedNo•ea ~3.2006
]$1Utdto: The IDslitcle of Cetaceaoltseartb
Director:r.HiroshiIIATA.\W
Address: 4-5ToY~Jal C-bchto.TokvoJ.apu
luued by.llrlllbo YA!iACISAfh lster of AlctlllftForestrYuHishtriu
ZAliateri•
Tlllsperailaotboriles the 1•1-atatioa o! tk rueuth r&teof
Antarcti111ke whalesud Flo••.alu lor scintillparPOseIa theAltarclic
Otnc.
I Parposeofrese~ :rtb
lescarcb or •bale stocks Ia lbt SoutHtDispbere
2 lltl ~f researc• :
Research takeasiagrrenadohorpoons
3 Vesselasedandgross IOtaage:
Yubh-uru No . (74.704Gn
4 luearch baseme per1itted essel bclonratal
Hissbio-ura (&030DDcn
SOrlerof tbe Vessel:
llodoSupan uu.
6 SpeciesaDdouaberof otales tbe tate• lor tesearc•:
&50Altarctie ailkt whalesaad 10Pl1•bates io total ., the re1eareb
lltel iocl&dlu this rusel
Howe•er.It isaulborittd to takeupto 93>Altarctic aim •hales. II
ilis aoreouirtdfor tbePUPst to lltllle.ealtbt researclLl)rarlalnke
tbales are etelodedIra• tresearc~
24 7 Researcharea :
Designatedu thewaterssoothor 60 S.east of 130!!. westof145W,
excludinsthe ZOOaile zonesof foreigncoontrle~
8 Duratioaof validity of Ibis oer1it .
Froml!o•tlber IStb!006 to Aorll!!lb.%001
9 Temsandcooditloos:
(I) It shall be prohibited to like species other tbu tbose prescribed in
paragraph6 or to uceed the noaberor takeprescribedin paragapb5.
(2)AnYwhalestakenundertllioen~ shouldso raras practieablebeprocessed
alter the observationaudcollection os~les.
(3)Resul ort~herue~r shhlt be rePOrtedto!be.llioister or Alriculture.
forestry andfisberles iuediat eiYuPthecolllletiooor operationor the
resurcb.
(4)Accouoit gReportregar•iaglboresearchshall besubaitted to ~outer
or Agriculte. ForestryID•flsbeJies iaaediately upaolbecomoletiol
ooeratiooof the researcb.
(5) Tl!ecold grenadeharpaf.osh1lllnot be usednleitIs J>elilllltd bYthe
Director·Ccneralr tbeFisheries&IenasnecessarYlor tbel&lllueatatioo
ol researchandnolessItis usedas thesecondharpooni1 order s~ortea
the llat to death or thewhaleYbicbwasstruck bythe explosivegrenade
h•rPQon.
!61Rilles onboardsh•ll beusedonlYlor the purposeor shnrteniagthe tiae
to death or whales.
Rilles shall be used as lbe ui• secondaryklllla1 tecbol'auelJ!Iess
dillic•lties arise withrilles or bunters.
(1)Tblspetlllt shall beplacedonboardtbevesselduriogtheooeulign tl the
rescareb.
(8)Tl!eflag specified in lor. 0r theoottr!cationdatedArustJ5lh.1950
(rd. No.25-SUIGY()-36s4 ha)lbe displayedooLbevessel.
() Eolorcecet orrlelaIs. ol oerson!shu~bresllOosiblfltyror t~tsearcb
shall be 01boardthe •essel.
llOIIt shall~eproblbltedto refuse fisheries iospcclorto be ooboardIbe
vessel. .
!II) Daangto other fisheries causedbYtbe ooeratlo•sb.aeo~Qllt illsated
consultation tilb tbe parties co!eeroed.
1121Theburer or lbeper:aitshall ool refnse lhepresentationol reportwblcb
Is Teaaired lor !beJ>Drposoel.coordlaatltg this operationwilbother
fishingoperations.
II~ Theresearchsb.allbe l•oleaegtedunder the 11idanceandsaoer•lslonby
the Director-Generalol tb.eFlsberies Age•here and IIappropriat~
(14!Thisperai1could be•lthdravmII violation to tbeseteras andconditious
be obse"ed.
llolr.IIdoc•ot IIa 1110lllltorWillloorUIC,.,,..cflbelot~ro .ltbolics
CI)Dauioa. Theorl•iu1 pe1111llltnhe·lauuasis tbeoelyaiBcluulctor tUs
peraL
25 S~~tc Plral
Pmll Nu. 1&-SLIKA.~-2&10
DatedNoveabe1r3,%008
lss~ todThe loslllule oflactaoResearch
Dlreclor:Dr.UirosRlAT~AKA
Address:4-5.ToyoaH:b ot.u~ T oiyoJapu
Is"~ by Nr.llatlYA.UCISA Al.lsterofAsriCIIIltrt.foreaaiFishenu
ad i1terla
Thispen it authohes tbt illlluuratloa of ••e reseuck takeol
AllarcliIlake.Uies atd Fl•tales for ell lifpuposesit tbeAllarcllc
DuaL
IPurPOsoel research:
esearchof Wbalesoc~s Ia tbeSoatberaltai spbere
2 iltlbor researh :
Researchtakeuslasgrenadebarpaoas
3Vesselusedand grosstooaare•
Kyosbia-.ar~o. %31.OtCTl
4 ltsearcb bas(!bpen ille •esse!bcloacstol:
~lss a-lru(&,030oocn
S Oraerof lleYtlsel ;
K'lodoSeiPW LTD.
I Speciestidaaobcrof .tales rbt llktl lor ltsearch:
&50 Attarcticalate Yblaes 10.flo •bales ia total bythe research
lleet iacludiagfilisYessel
Booe•e.rrt is autbcrisedto lakeapto9lSAalarctlc1iate Ybales.il
it Is soreuired lor IbePI!lOSeto ill'ltaat tberesearcifiokeM
abales are excladtdlroa tbr researciL
26 1 lesearcb area :
Desicnatedas the •alers southof ~0east of 130E westof t45 W,
excludingthe200aile ~es or Jorelgacountries.
8 Duationof Yalidityof.Ibis perait :
FroaNove~t !bb.r2006 to April lith. 2007
9 TerasandcoodiIioas.
(I)II shall be prohlbiled lo lakespecies other lban ttose prescrib>.dIa
para&rall6 or to uceed the nu•berof tate prescribedlc paragraph6.
(2)AnYlbales Iatenundertbpeflltshouldso far as practicablebeprocessed
aiter tbc obsertion audcoJieclloo of sUJ)Ies.
13).Resultsof the researchshebe rePOrtedto tbelflnister of Agriculture.
Forestryandfisheries luedialely upgo IbeCOQP!etof opentloa of the
ttsearclt
W AccountinR gePOrrterardlngtheresurcb shall besublitted to theMiaister
of ~.gricul fouesry.ud Fisheries luedia tely DPbecogp letl.o•of
operationof the research. .
(5) Thecoldrreoade harpooashall not be osedUAiessit is pemilled b1 the
Director-Generalf theFlsberiesAgeacyasnecessalor thiatt>ll eioenutn
of researchllldunlessII Is usedas lhe scblrPOoninorder toshorten
the ll•e to deathof the •hale whichwasstruck by the nplosive rreoade
harPOon. .
!6) llfles onboardshall beusedoaly lor the purposeof shorteninglhe tioe
to deathof•bale~
Rifles shall' be osed as the aaln secoadarykil ling teauelU[Jess
difficulties arise witbrilles bunle~ ·
(7JThisper1il shall bpla~ OdDboardthevesstl duringtheoperaliooor tbe
research.
(8lTheflag specified In foraNo.4of thenotlficatioa daugust t5tll. 1950
(rei. No.tS-SUICYG-36s 45a)ll bedisPlayedoo the vessel.
(9)EDforcemtenfficials, or personthobnuesPODsibilitYfor theresearch
shall be onboardthe vessel.
(!OJItsball be probibited to refuse fisheries iospectbetoa board the
vessel.
(Ill Owse tolither fisheries causedby theoperaliooshall beCQ;IJ)tdnate
consultationwith lbc parties conred.
(12)Thebearer of tbeper1it shall not refuse thepreseotatioaol reichtwh
Is·reauired for the purPOof coordioatlogtbis operationwith other
fishingoperation.
(131Tberesearch shalbe iaplcocotedaader the guidaoceaedsupervisionby
ibe Director-Geaeralof the Fisheriesncywbereud ifappropriate.
(141This~>tr ilud bewithdrawnif ~iolal tootheseteras aDdcoadilioos
beobserved.
~11:'fblsdocc••l is aa11o1Hclaltroslatiomptrposoftbehterl&llotal JILalicc
Coalsslon. Tbeorlalut Ptl1llllaiiUblnct~~ salgoolyollie ill vtrstoo of""
ural L
27 SPtCrll Pe1tl
Vuait ~o1.8-SUII<A.~-tiiO
DatedKovecber13,2005
Issued to: Thelusratate of Cetaceaoluearch
Director: Dr.UirDl ATAHAXA
Address:4-; To~io-ch Chuo-tuTokyoJ,apan
lssoedby:llr. latlo YWCISAt ialsterA&ric~l toresryud fi~erlts
ad illeri a
Tbis Ptlllit aotborius Ike luluntatlool the resurtlo cake or
Aatarcllcalat•lulu ud Ph tlu lu lor scltotirlc PlrPOsrsio tilt Auarctlc
Oceaa.
IPurposeof research :
lesearcbol •bal~tock Ill~t Soutbtrl ltalspbere
2»ttbod ol researcb :
ltsearcbakeusia! creoadeharoooos
aVesselusedand gross ronaage:
Kaitoa-.aru880. 5Gn
4 ll'searchbaseflbePtlllilltd vessel beloon to):
llissbio-ru (8030.OOGT)
S liner of Ike Vess•l :
Ol1'S00O£PWJ10~LTI.
ISaccresaod~~ ol tbales to )e take1lor tesetrcb:
SSO Aatarctrcairkt •bala~ It Pia wles ia total by lbe rt$tartb
fetl iacludlag Ibis •essel
llole•u.It is auttorhed to tate ao ta 935Anuretic aim males. II
it Is so recaired lor IbeIIIIPOStto laoluect Ibe researcb. Dwarlflioke
•bales are uchded lroa the research.
28 7 Rese•rcbarea :
Dtsipatedas the ¥aters south of S. east of 130E.YUt or 14&r,
cxcludiDBtbe 200mile to3es or foreigo coanlries
8 Durationol validity or tJis perail .
l'roaNove~ ~5tb.r006to ApriI 1111 2007
9 Ter11aad cooditlo :a~
(I) It shall be prohibited to takspeciesotber tbaa !bose prescribeIa
parasraJ>l or lo excted lh.enumberof take prescribed io paragraph6.
(2) An•baits takenunderIbis permitahouldso fas practicable beprocessed
alter tbe observatioanicolleetioo of Stll>les.
(3) ResuiIs of the.research sba11be reported to the Mlolsteror Atriculturc.
Forestryandfisheries lamedi!lelyuponIhc~letlo oaoperatioa of the
research.
(4)ACC4uatln geportregardins the research•habesubtlilted to theJ!ia!ster
of Agriculture. Forestrydfisheries iDediatelyUPOI t~ eo=pletiouof
opera!ioo ol the researcll.
(5)Tbecold sreuadebar(>OOshilall not be usedualeIt is peraittebY the
Direclor-C.aerator theFisheriesAgenas necessaryfor the i1111leaotnia
of researchud uuless It Is usedas lbe secoadharpoonin order to shorten
tbe tl1e to deaUof ll1tbale wbicbwas struckby tbe ei\Piostverrenade
bar.POOn.
(6)lilies onboardshall be usedooly lor tbe purposeol shortening the tiae
to death orwhale~
Rilles shalt be usedas themain secoadary kllllu techni'aueY<less
dilliculties aris~il hillesor hunters.
171This pereil shall beplacedoaboardtbe vessel duriDgtheoperationor the
research.
(8)Tbcllu specified lolo~rNo.4or tbe notification daA•Sl l5h,t1950
(rei. No.2S-SUJGY0~ s36l4Seldlsolayedon tbe vessel.
(9)fllorcemct o!liclals. or personhobaveresponsibilitY for the research
shallbe ou board tb;essel.
(LO) Ishall be orohibilod to reluse fisheries inspector to be on boardlbe
vessel. ,
(II)Damax teother fisheries caasby the operationshalbe cocpensated ia
consultation with lbe psrties conce.ned
(12Tbebearerof the per1ll shall aol refuse the preseutatlonol rePOrlwhich
Is required for lbe purposeof coordinatlns Ibis ooeratlon with other
fishing operation.
(13)Tberesearch shallbeiiJllelented under the guiduee andsupervisionby
tbe Director-Generalof tbe Pisberies AgenYere and ifappropriat~
(14)Thisper•II coulbe wiiUruo iI violation to these tefiiSandcoodllioos
be observed.
~ot Ttis dOCOitltns11ortlel•l tru.slaliDI ror Ill<!'"taleraulottllliAIIII!
c- \utoL !beorlll••t penollIn rle imoort 11111•IYiolllcl•ersi"oll•t•
perait.
29 Annex 84: Special Permit No. 19-SUIKAN-1911 of 7 November 2007
[incomplete record held by the International Whaling Commission]
Spocial Permit
Pennit No.19-SULKA:-1-1911
Dated November 7. 2007
Issued ro: The lnst itutof Cetacean Research
Director: llr.Minoru IIORJIIOTO
Add1·ess : -5Toyoml·cho.Chuo-ku. Tokyo.Japan
Issued by: Ill'l•~alos IlAKABAYA SlIiter of Agriculture. Forestry and
Fishedes
This pcrmit authoriz('s the impIt'lncntation othE' research take of
Antarcticminke 'A'hales. Fin whales and Humpbwh.al or scientific purposes
ln the AntarcticOcean~
I Pu1·pos(' ol'cscm·ch :
Researchor whole Slocks in the Southern Hemisphere
Z Method of research
R~scnrc hkt! using gl'cnade hArpoons
3 Vessl"lu~cduud gross tormag : ~
Nisshiu-maru (8(I.JOOGT)
·I Ve::;selsaccompanied:
CD Sampli vensels accompanied
Yushlu-maruNo.3 (7<1.OOGT)
Yushill-,..No.2 (747.OOGT)
Yushin-maru (720.00GT)
~Sighti vesgels
Kyoshir. N-o2~(a72uOOGTl
Kai kou-.n<ti'U 25GT)
5 Ownerof th~\l~ss :C:"I
Kyod<>SenJ>akuLTIJ.
6 Species and numbor of "'hal tosbu u•ken for Research:
850 Antarcl ic lllinke whales, 50 Fin whaIcs ond 50 liwhales in to tal
by the research rtoet including this vessel.
Uowever. iL is authorized to take up to 935 Antarctic nlinke whales. if
h: is so J·equu·ed for thC'purposeimplcm£1nthe research . Dwarf minke
whales ure excluded fro11 the research.
30 7 Research ~arc '*
Designated as <h• u1.r1 wuth of tiOS. eas< of 35 E. ••st ol 175 E.
f!xcludin,g the 200 1i 1.ont•suf foreiRn countries.
8 Uurntion of ,-alidiLY of thi> P•nnit:
Fro11~ov0111 1bte.r200i tOAptil IGLh, 2008
9 r~r• snd codnitoin~=
( J)I tshal lbe J>rohi bit•to toke • J)('deotht•r than those JtrosL'I'Ib•ll in
parngraph 6 or 10 f.':<ct:d nt..1mbvo1f take prescribedin pnroKrtll6.
(2)An)'whales uskt.•nund\thisPN'mit should so fur as pruc t h.'b~prot't">St.•d
after the obst;n·utiQn uncollt. i~c lr so11ples..
(3) Resul of ~th• HM·anh >h.llI be ll'JX>IIl'dto llini> otA<~Iitultult•,
f OJt.'Str)' and FiSht>fit.'S 11111pon·th~tCOJipletion or llpt·rator tht'
research.
(.tAccounting K~por r"gard"R tht.rt'~t- shr11hbesubai \tedto tht~hn 't •••
of Agriculture. forc:;:u audri~h estiaf"dia tp~l he·cmpll't ionol
operauon of thr ll'~t: ·an.
(5) Th~ cold grenadt• hJlO<>•h.1ll not be used unlrssi1 is pt'lllledby th•
01recto.r-Generaloftil.: Flshh·~.-\S( H~tcllcc.r:)fr tht urll"llttl~ntntion
or r~st>a ndcunlt•s!. n 1-. u..cdrhl"~et·o hnrdoon in order tosh1~rtt·n
th,•ti..Rto death nf tht•t.ha f~llh was struck by thecxplosiv..Rrt•nildt.·
harpoon.
(6) Rifleson board shall b••u"•donly for th• purpose ol shoncninR th~lin>~
to dedlli of whah•s.
Rif'les shal l b• us~d as tht• liIn secondary kiI li ng tochn i''"'' tonluss
diffLt·ultiesaris •~th 1ll'lcs '" hunters.
(7)This pernit shu II bt• pluct•l!<>Bithe \CSS lduring Ihe opt•rmltut uthe
n~-searc.h.
(8) The flag specifiedin fo•mNotluf the no t Hic<llidawd August 15th, 1950
(ref. ~o. 2S- SUJ(;\'0-3GI5) shabe displayedon 1he •••ssol.
(9) Enforc...,officio Is, or per"m(s)•ho hJ•·e responsibilifor ther~•c•rd>
shall be on board the ve.,scl.
110)It shall be prohibit<"-10 relu•e f•~li~n eJspector to h<011board tht•
\'esse I.
(It)IJa&ag<to other fish.riestdUS~ b)· the op.:ration shall be COCipt'll'illl'<iln
consultation•ith th~p.utit::a .:onn·rnt-d.
1121 The bearer of the pt'rllit >h.lll not rvfuse th•· presenof report whith
is Tf-Quired for th"puq~st nl C'tJdtdlnntinthis OP'('rntiowith ~,ntu."r
fishingopernt il)n~.
(13) Ihe n~scar scahJ be implt.·rncutunde-1thlS("Uidantand supttn•hnon (,y
thelhrector-G dtof~therFi~hene Asgencywh~r cnd tf np1>t·oprinu.o.
(14) Thls permitcould be wllhdH tWIIIvlula liot1 to th£:>~rsand cvn 1tdin~
be ubse rvcd.
flote11\1dolC~O i\•dltJnnffid.tdhdllliCfMI1htpn·o!iot'l1tuJntt•ri\IIIlhoiiiiiC
r~~~~a~u tneuLM:uwlPf"riDinthlJ.f••J\J•nl~klttl'is tb. only o..,.ir.>rIhi•
r~••it.
31 Special Permit
Pennit No.19-SUIKAN-1911
Dated Novomber 7, 2007
l:u:t;"o: The Jnst itut e of Cetacean Rcsea1·ch
Director: lb·.Minoru UORIMOTO
Address : 1-5. Toyomi-cho. Chuo-ku.Tokyo,J"pan
Issued by: !fr. !lasatoshWAKABAYASH MI.inister of Agdculture. Forestry and
fisherie!;
This permit authodzes the i11plementation of the research take of
Antarctic minke whales. Fin whales and Humpbcak v'.hales for scie ntpurpose~
in th~ Anturctic Ocean.
I Purpose of 1·esearch :
Research of v.·hale stocks in the Southerlelm[~pla~r~J
2 Method of reseorch :
Researc h toke using grenade harpoons
3 VesseI used aud gross Lomntge:
Yushj n-maru No.3 (742. OOGT)
oJResearch base (The pe1111ltted vesse l beiOnKS to):
Nisshin-maru (8.044.00GT)
5 Owner of the Vessel :
Kyodo Scnpaku LTD.
6 Species and number of whales to be taken for R•s•arch:
860 Auu:u·ctic mlnke wha1es . 50 fin whnle!-iund 50 Humpback whtd es in tota.l
by the research fJt•et including Lhit) \0Ssel.
llowcv('r, h is authorized l<li Jup LO935 Antarctic minke whales, if
it is so required for the purPOse to impll•nwntthe research. Uwarf minke
-.·hales are excluded from tlh: I'Csca1·c.h
32 Sp..JaI Peraat
P~nai llo.19-<IK·t\'·1911
Oa1•d l'lnvt•mbHi. 2007
Issued t.o: Tht lnst ituu:• of ft-tat·eao Resetu ch
lhr•ctor:l>.lhn•>•u MORJMOIO
Add1•ss : ~-5 .oy<JIIIi·cho.Chuo.<'k)•o.Jap•n
lssuPd by !lr. )lasato•hJAI\J\HJ.VASHJ.int.ttof A~ricullu Folestry .md
1:sher-i~s
n\iS J)t'IWt nuLhoJ·ittSth~ im.pll>latl lottf Lhl' reo.:earcl1 l.tk\• of
Auturctic 11inkewhuh,•t~In whales nnd ltucpbawhtil ~JJ•Ci'nt ifipur'pO~cs
in thl' AnturctiOccnn.
JPurpost.• of n•st'an:h :
Re:;c ch~uf-wha1 tot·ksin thl! St1uth1u...:.phere
:!~ll•t ofordes~ardt
Rt•st·arch tnku~ing a:rt..mdc har poons
3 Vensel used and gros!> toruuHt<':
Yu>hin-moru'\o.2 (i li.O()(;T)
1 Re~ear hHh'~l' Jl('miud~h·~)i b~lngs to ) •
Nisshin lldru(~0.1-1.OOGT}
5 Own~ of tho l'•ss••l :
J(yodoS..npaku LTII.
6 SIJtclC"Snd numbl'r owtwl~ ts be td.kt-tm-f(es~arch:
850 Antttl't'lir: ainke wholo:-., SOFin whules und 5whal~pbm,total
by tht'l'l•!t-tfle-et inc:Juduu{ th\'f>Sst>l.
llmr~ ·v.t11'4uuthot•iztto tttk\• up to 93S Antnt·<"tic .-h~h· is.
it Is sort'<IUtoriI'm tpt.n-poto JIDpleaenr thr£'!t-i D•w~~rfrl\-h.
•hol ...s.e~clud tr'd1 theI"C!<.t'dtf."h.
33 Special Permit
Pormit No.19-SUIKAN-1911
Dated Novem ber 7. 2007
Issued w : The lnsttULCor Cetacean Research
Direc Lor:~h-lnoru MORUIO OT
Address : 4-5.Toyolll-icho.Chuo-ku.Tokyo.Japan
Issued by: llr. Ma toshi WAKA!lASIII. Ministof Agricultu•·e. Forestry and
F'ishoh.·~
This pt:rmit OU[horizeslh~ impl!'mcnunion or the I'CSeaJ•chtake of
Antarctic minkc ''hales, Fin whales and pack whales for scie ntifpurposes
in the Antarctic Ocean.
I Purpose of res0arch :
Reseas·ch or whslle stocks th~Southc1·n Heisphere
2 Method of research :
Research iak11using~ot.rc hnroones
3 \•essI used and gro~ tonnugc :
\"ushin-maru(720.00GT)
4 Resoa~ ·as(Tho pc,ni nod vesse l belongs to)
Nisshi n-llar(8.044.00T)
5 (}mer of the Vessel :
KyodoScnpaku LTIJ.
6 Spedes and number of whales to be taken for Research:
850AnltlrC[ minkt-whales. 50 Fin whales itnd50 pack whales into~al
by the re,em·ch fleetincludi ng this vesse l.
Jlow·cver, it Lsauthorized to take up to 935 J\ntarctic minke whales. if
it is so rnquirOOfor the pw·pose i111ph th~ esearch . Dwarf minke
t'.h{dear~ vxcudL"dfrom the rt>senrch.
34 S~clol Permit
l'<•rwl/ioL9-SUJKA-:-t9t I
Dated ,.ovc~b 7,r1001
Issued to:Th~ Institute ofC~tacc aesearch
Oire«or: Mr.llinoru )I\IOTO
AddrCS> : ~-5 .oyomirho, C'huo-, okyo,Jopan
Issued by llr. llasatoshIAKABAV.ISHlIh.nrste t of Agricultu to, foreandy
Fi:sheries
This pt>nut authorizes tlw implttmentation ofthe research tukl• of
Anunctic •inke•thtlt.•l:in whales nndIIWI!Pbkhale:; fot scien tpun>O~c~
in th~AJntarctic Oct>an.
I Purpc> o~tl'oe~ea rch
Resoar·chof .ttalstocks tn thl• :X,uthem IJ('Itisphere
2 althod or t•es~atch
R\'~ca trk"usim: grena arpyons
3 \'E'sseu~ed and grosstonno~ :<;e
Kyoshitnnaru~•. 2 (372.OOGT)
I Research be(The permitted vcs..Jbelongs to):
.~is in-~~a 8.0·14. OOGT)
5 Owner or the ,...... , ;
Kyodo SenpakuLTO.
6 Spcci<'s ond nwliberof •hall'-.. to be takt!Ofot Rt•search:
850 Anturctic otinke whales, 60 Fin wlwlcs 11.-pbacwholes in lotal
by tho rrse.,rch fleeincludanu: this vess .,..l.
llowevvr. h isauthorizedto tuke up to 935 Antarctminke whtali.!if
ll isSO requtr ~od1.hepurpos-.•lO 1mple.em the n•s·h. l>af!Iinke
•·hales are t>xcludfrocth~ 1e.seardt.
35 Special Perait
Pennit No.19-SUIIl'-'.-1911
OuLL>dNo\'(''lnber 2007
lssut.•d tol'h nstitute of CeLa<·ennRosl•;u·cll
Director:!lr. !linorI!IOTO
Address : •1-5.Toromi <ho.Chuo·ku. Tokro. Japan
!.sued b1·: M1·.Wasatoshi WAKABAI"ASWII.ni"•r of AaricultureForestry and
F~>hories
Thh pcorait authorizesthe iaph-...·mat ion of the rest.·ata.kt" of
.-\ntdrctic aanke whales, whale ~~tnluapbockwhale f-r~scientificpurposes
in thtAntarctic Oct.·an.
Purpo~ o rrr~~ar ch
Kose~r cfh.-halo stocksin the Southern flellliSt>here
2 Ml'thod or~s(>flrth
ltt!l:iUUluke using g-r~nn hdrcoons
3 Vt•sst.'I used und Kross tonnage :
KnIkou-cnwu (860.25GTl
Resc~tr bah.;{t(Thepemi uevesst>l bl'lous:, to):
~i••hin·m (ar.u04~.00GT)
5 OwnN of tht• h•ss~ l
Ofi'SIIOREI'ERATIOL\TD.
ti Sp..'<"it!Sn~rld of whales to be tllkt•n fRt.•st~ru-ch:
$50 Antarctic•inke whales, 50 Fin •halund 50 ll1111pkhales in toto I
by the research fleetlncludinK t-has\'tsse-1.
u.,.ll in s~authorized to tUkl'up tO 935 Antarctic minkt" whnli(.
it [~s oequ1red for lhe purpO,.,illPll'l'ltht..•researDwarr \finkc
vhnlt.'s nr4! excluded from 1ht' t(lS(.•an:h.
36Annex 85: Special Permit No. 20-SUIKAN-1727 of 5 November 2008
Pm1ll~o.!D-St1JWH12!
Paled~O'f'b ~.tOOl
lss~ od Tbeloslit•le of ColoRsea~h
Diroctr:k •raoroIIIUWTO
Adrdess : +T1»1-<:o.Chuo-t.ohola~an
lnuto b1~r.Shia"•ISBIIA111nlitofAaricolture. forestry andflshcrl u
Tbi> P<fl fl aathot~<tiaolecoolalloo ol lho m .. rcb uto ol
Allli ic oink• •bilu, Fin•bslrs Iatk•l>lulorscl•nlllpurposes
iotbe AotarctOttn
IP~roo soresearch
lH urt b or >1\lat SIO<h Soothr~tei<DiSP~tr<
!llrlboorrose4rcb :
lcsearchIllusin!areoed~ar9 s00
3 Vrs$C~se d;,d rrosslan•!ce
Nis;11·1ro 1&.4UOGll
4 Vtssels atillitd :
Q) Saaollor vessels aclodpao
hsbi n11m ~o. T4!oocn
Yushlour> •o.!!l41.00GTI
Yusbi-..ru 17!0.OOGn
~ Sighlin•essols
ll!OSh-soruNot. 13itCIGO
taikoo·aaru 18!~T)
S Owlroflht Voss•I :
Il'odoSenP3h LTJ.
6S;.ciosandaUibtr or tb>lts to bt lakel /or Researcl.
3l0Altl ttirlkt •h it~0fil <'hlats nftllobaekfllllt! io tolal
by IDeruur ch fleet intlodtag thiS I'OHtl.
Howc•t.rit 1outholittdl•ke UP to 9Altarcrolo !:alesII
ol ;,soroqu ~lrrlbt~o rose10iot:ltotnl tho research. O.ul nlnir
•bales arncl ~t dro• \he tt$tarch.
tl!na rebaru ;
37 DO$I,JIItdU tbt ••l•r101 1r6~ S.US! Of 130£. "'" or 145f
utladlu tbe zoo1llozonesof rorelu cou11rlu.
S Ountioo of •~lid oflIYis oe1l :
fro• loveobt111 ~061loApril JOb. !~9
9 Teraszodcoadilioos:
IllIt sball bt prohlbiletoLate s~cie otbtr L~u lhoso prucribtd io
PatacraJo or to umd tbt ocaber of tate otescrlbed Ia puagtlpb 6.
IlAoy tl>alolIalta aadtr rbis ps~ldlsa hr as omt icablebt procesoNI
alter tbe observalloa acollectioof UOJIes.
Ill les. lls of the rcmrc h shalt be rtportrd to lhr MA~rlcallorc.
fnresltY ud Fisberios illtdlalely tPDnthecotplellot of opera!l01of Ibe
ttnarc.h.
W Accouoliqteoorl regardlo&Ikruear sc~llb~s~borlt beNMioisler
ol Alrlcullurc.Forestand FisherieIDtidiatelGPD he cOtpltlfOor
OPtratiollof U1rutardl.
C;) Th cold crentdt hllii>OOsi>JIbtoased ooJus II is Ptllli bythe
Dlrtclor-Gtorror lheFisheritS AITasoteuury for lbe itvletcntali OD
of researltuduolru It tsusd u the sttO!barPOOinJor.,!rtostlortc.ll
Ibe lioe lodtolb olbe•b1lr Jblcb ,.slruclbYlbe tlplosl•• 1rtaade
baroooa.
161lilies oa lroud shaIrused ooly lor lirePtrtPosshorlt ~bbti•
to O•atbof•bal•~
ll/lu sbatl Irned as lb• oaio ucoadary kill"' lecbeiouunl s~s
dllli cull lu arise wilb rifle< or huolen.
m ThiSt><rtiJshall be pla01dboardllr Vessel dorlo3 lbt Ol>trtlioaof Ibe
reseuch.
(&)1bc!lac SP«IIled h loll .4ol lheootiflcatioa dlled AunJI 1.9iil
Crt!. No.!5-SUIC'f0 s-al~be)diSPla 01•~be •·oue l.
{9)f'.llforcuafficiah.otPU5 0I (•!t1\avrtspouibtJlh' for tbtrtstareh
shall be oa board l•••. ~el
HI»It shall bt probibil10refnc lbbtries iospeclor 10Ire:oa i>olrdtie
vessel.
011 DI>OJltoolberlls~ luercausebytbeoperallol sbolllrc:cocpusati•
coosollallon • lib lbe pulirs coao<roerl.
112>Tbt\urN ol IbePertil $ball DOlrduse lilt prtstalorireport •bich
Isr<IUirtd far Urt PVroosoof coord!OJiiar Ibis operarloa •ilb ott.er
f!skilop•r•ll•u
1131Tbe resear scallIreiapleoeoled aad1~ guidanceandsuper•isioa bv
ll:t Dlrtetor-Geaof Lhtfishorles.l;!ocy ohere aDdl!>lltOur.
1141Tbls otrsil co•Ir• llbdrl'ln II vjolalioo tolb."e l•ra.s Ofldcolldlli ons
Ireobsenocl
~l:rIisd'kiMtlh •• 11:1UIlt i!!SIfortncPIII Inl thhlttfioul f!&illh-1
tuc.ISSiOft. tbc•r••l aalJl('ratiI.aaettl$~oOl)ftfUch l tr:sltll ol •tis
prr•11.
38 SpecialPe1111i
Ptroi~o.!O·SOI ·1-7%.7~
Dalrd Jo•ecber S, %00&
lssu•dlo:T~• loslilcle ol CtlittiD lesearcb
Direclor: lrlooruMOIIIIO!O
Address: 4-oTnv ioha.Choo•klTr.okv......
Issue~r llr.Sbiaen ISiILlWiolsteror Aariullore. for!Slry au fh!ltrlel
Tbi perwll <nlboriteslbe ioPt.ntu ioo or lle ruearcb hkr ol
Alllarcticoillie•hiles. flo•balrs '"" HuJol!alelor scleotilp~rPO•••
in the AlrlarcOeeu.
l 1\lrposeof resurch .
ksurcb ol •balenocb In lht Sothem !eoisohtre
2 ltlbod of research :
lesearc)taktaslnt •ruade urpaoas
J Vesselned andaross too•ac• .
Yusbinu ru ~o3. n4. OOCTl
c tuearcb bue m. perollted "xnl belooastol:
Nis.hiJ·aaro II.04oocn
S O.ncruf the Vessel :
krodoSenoatoLT~
5 Speciu ud o1111bolr•hies lobe takcolor Resurcll:
&SOAlriJteCil iakeobalu. SOFin•baits ud DUCbaIt •ulu rololal
by lhcrlmarcb ll ttlncludin¥this•tnel .
Aooe<e.ril ;,authorted10late op to 9lAlrt liroiaketllalcs, II
ll Isso requiredlor theperposeioPitout lberuearcb.o..rraiake
•bale<are etclodd lroa the researclr.
39 Dulp alld 11 the •alrrs toolb oJ 60 S. eUI orE.•·esc ol 145".
ctcludlu: the 200oilt zonor l:ris ou~otras.
I Dor lioo ol "JidiiY ol thh otroll :
froo~oveollt12rth%01)8to !.P<301la.%00
9 Ttro.sand coadltlots ·
(IIII lball br proelbiled lu~c SJ>t<reotter tbu cboseomcrlbed io
oant raoh6or lo euet<!lbeou lltr of tatr orrscrinrPlru rapb i.
(2)AIY11!lescatu uodrr this oe,..il shouldsu o111CIIca.bt orocrued
d ter tht obserutiDIod collectioa ol sm lu.
(3)lcsalls oft~ eurorclt shalIIreoorled co tht lUoutt r ol .liriccllore .
forutrY .. d Fisberiu io ediately •ooo ••• c.,olo~eio roool rhe
retsreb.
Wl.\cc001i1 icPGrlroprdioat br r<Seorehshall besullelt led to theMioistu
ol Asricultorr, Forestry audf isheries l,..diatriY uooothr cooolrl !oa ol
opeulloo ol lilrc~atch.
(51Thecald sruadr barooOAshall oobe'"" uolu• l! is peroilled br Ue
Dlreclor-.Grnrnl o[ !bt f isAJOOCasICetSSUY lor Ot jopito<Jhi!OI
ol rtsrucbaodcalrssIt is oseu t~ ecooclarooo• ;, order to slorl..,
lbt Irot to dtalb of the •hal<•kich •u struck by lhr n olosive grude
htri)()On.
lij Rilleooboard s~al bloscd only lor the oorpose~\oternintse !Iff
to duth or wblu.
l ilies sullbe Uttd IS !be aaio "coadary killioJlechoiqurnlttS
d[(lfcull its ar!sr • llh or t<llers .
en Tbis orrail sh&llbe plactd onboard1\e rdoria&lbe ..... rionol ,...
nsn rth.-
111Ib!IllSSpecified ifora . 4 ortotDDIIficallondllAU&atl l>lll 1950
{rei. . 25-SUIGYO·!U shlll be disolne< oo Ill<ftllel .
(9)Earoreu eol olllcia ls. or oeuoa lsl •bohue t<SPC>ISibilitllor tho run reb
shall beon boardlb< "u ri.
f!OlIIshall be orohlb&ttd to relest !islei•soecoor to hr boar•It•
vesseI.
(Illau l< to otber llsb oti<Scanstd br 1be or><ntioasball br coiiPtanltd ia
comlla!ioa wilb t\ep~rtl uocetrneli.
U%1Jbt bcartr ol lhe PrAll sb101rdur lbe orueal atloo of rcpbicbw
is reuir <d lor lbt parPGof eoordilllilthisootnlloo •llbother
fisbil&oo>tntioos.
fill Thruurcb sball lilDPlanted acdtr tbt.xcldueaadsuo>trvlsiob1
tbe DireciOI-..rral or !Itt flsbrrres A•hm ud H ·~rop arei.
(14) This oeroll cobrwitbdtan Ifviola!loa to lbcsr trros ud condilioos
be obsrrvrd.
tloul\116Qcc:Dls.u \IUr/tchl lnu ltor1~.'!UIIostSollatcnu lnnn:aliac
C~1Ui0 .t11oncl a•~~aliIll Itt ,. ,,.•eu IUIII •~Uith1""'c~ool lhll
M tt ll.
40 SP<tl l Puoil
Pttt i~.t0·SUIIJ.1·17!7
Daltd Ko•t l\tr 5. !OOS
luuedto: Tbt lul llitec.~ ..tu .. rcb
DlrrclorK.~iao roOIIlOlO
Addrus : l -5.Ti-<:b.buo-tu.kyo.Japan
Issuedby:r. Shicen ISIIJtioillor orlculluro. FortsaiWIisbuies
Tbis Perlll ulb orites lht loplcanut ioo of tbt ruearcb lakt of
Aaurctlcaitkt •baleFiewhits udllmlaet•taln lor~tnittilpwicpostr
in lbe blarclOeun.
I Purposeof researcb •
lesradbol whalestocks •• the SoulberaHrwlsplorc
Z Nrl~h ol r<selrcb :
le>tareh tatein&crea•d• barpooos
~ \·tssel und ud arosslons :
Yusio-uru~o. !47.corn
~ leuarc h basetTber>erevu~el belo:sc101
ftissbln-u n II. OOG1l
S Owr\crltbe Vesl :
K!odoSloll<uL.D
i Species anuabr of<bolealobo la~o lorleseareb:
410Alllu calike•halesSOFio•baleand50IIUPbackwhalsiu10111
bYLil'" 'arch flteiiCiodiRgIb•esstl
S..t•<r. il is .. r.. rizttl to lake upto 93S Aotuclic aioker!iales. If
il is so renired CoP~I'Il IoaSc<>I<b~true:rllII wufaitkt
•baleare ttcludtd froa lilt resurcb.
41 Dulp atrd u rh •aters ,..,th or >. ns t cl 130E. outof 141a.
o cludlu lho tOOolle tonesol lorelp co•MrleL
IOuarlloa of •alidlty of Ibl>ellil :
FrooXD•..Wr11111t.OOlto Aorll 3011>.OOt
9 Teras ud cod llioDI'
W II sltlllbe pr~i~l l0dhlttSl>fCltsetber lhaa tlrtsr o1rstri11ed
nraatal>b&or It need lilt aolotr tl ut'ru~r ki4 Inparural>bi
Q) ur trblu utuuxr thiii'CIIII ahoold soua1orciea~ beuteccmd
alltr tlot oberta lulatolhc tiu of s•lts.
Ul trs1111of tht ru u tc) shll k rr:>Orto tk Nlalstcr ol Aarinllo"
forestry.,., flsurli- doaUIY 1;1021\rcoopltlln of-nlloo of rb
rtsnr el
W Acconti111<110rlrctardiaatllt reaearchshINsoboillltd ro1" l ooiattr
or Alrinllurr.FGrutry... fisheries i.c4 1llUDCD lhtt<>oPiiooof
operallooo/lbt rtsurcb.
CSJTbecold 1trcadohrt>ODsDball aot bt usedunlrIt Is peroilte4 byIM
Director-(;r.. ral oftbeFtsbtriu Aueaoreenarr lor lhol•l• u OUIIon
ol r<statcb a•dooltu It Is use4as set<lbarmo 11or4tr to sborteo
,.., lfo10dutb ol t\e rule"biu ns suact Illlilt uplos lrr<olif
Urt>Oo~
Iii l illrs ~oud ,. ,II gJdltllf fo1 tbPI!'POsol sbortra!Jc tbli at
lo dntba( •hit< .
lillts sllall brlsd U lbeuh m:Oarhll lllll u lrU.int ni•U
dillicollitsarlst •••• rifles ~talers
m TlilsPtroilsh itw oland •• iloord1.., nml n rhctkos>Orttooof Ito
ccsearck
f&Tbt lh& IJ<Cifitd Ia loralo.4 of lbttoliht alloodatedAql~l S.SO
/rtf.~o.!5·SUIC10·114tShItI btdisplayedoa lb•mtl.
fJI fnforctoentof/Iellis. orpertrho~averespoolblltl y lor ruearc)
sbal1 beoo kar4 tb! •cut I.
1101 II shalbe oroblbiltd to rtlast lh htrlts ltsoectort10boardtbe
•t ntI
It U ......Ia olbeII»orin ClUed by t)eOl>llt l~II br tOIIICUIIN II
toa,.ltatio•ltb tbr Plrllts cwceraed.
IIZI Til<burrr of lbt 11<~~~1 101relue Itt JrtsUII IIol ltlllOble)
Is reu lrri lor lit " '" " eool rl~lil"1s 09ttatloa •lib ol.. r
fislli" OPtUlins.
lUI Tllereseartb~ II bt IIPitou ltoc4u lit n lfuccw saper ~r u.,
the Directo..W.erol ol tbt Fisbtriu Aleacr•hrt aaclII U>PrOI>ri•lt.
1141Tbls1>t11Hco•td be •ll •lraif •iolat in ta 1fetse ~~rcnd1tiols
b• ohrrred .
.,It'Bh ~X.I'Illt1NIII cl•tt aUIIII OI f"fiiOtI I'llalttlllll til !l U
to.ln 1oLT~ ., ,,1.. 1 perthh.t... .., Juruttt~ltolfltl al " " '"or uls
Jfl'llt
42 Sllttial Ptroh
Pe,. llo0.-SCI -mI7.~
olrd Mottabtr S. 1001
lssuo4 Ia:e lasli lult OfCtloitsar~e
Director: M.rr• MORIMOTO
Acldrus:4-5ToyMii-<bC.bu-ntLTolo.P<o
Issuedby: M.r Sb!&trtISM.inlslorA,ritollt re. ForestryaodFlsberlu
Tbh IItoll a.ahori>lh looleoutal ioo ol lhe research latt ol
.\ntuctlc aio•h itsflotblles "Baooback"•les lor scientHie ouroosu
Ia lbe /.nlarctic Otcu.
I P11cse ofrtsearcb :
ltse<rCOlc~laestocts ia lbt So1lbcraloolsohere
! Meiboof r.ur ch :
Reseracrakeasins creaodebarnso
3 Vesselusedandsross lo••••• ;
Yusbi-ru 11%o4ocn
~ Researclrh!Tbeo<roill ••11cl btlonr• rol
~iss- olar1u&.4.oorm
5O.nr ol lbtl'usel :
lyodStaoakuLTD.
6 Stclcs a<dnuabtrol witsro betateo llts t1rth :
a;oADrrclit olltbal... 50fwhaleud SOKut~> talutIktotal
hrt~•ru earclr rleel ilcladiar ms •euel.
p_.,.,,It is ntlorutto taboo lo9JSn tam\~ aloh •llaleil
itIsso reaoirlorlb•~~t l~inoloeoelbtresearch. D•oh~~
o!nlts art uch rdd !roo lbe murch.
43 Dtsi a~d~aJ the,.,,..soutb of &0l. u. of llll !. •est oft.45
er<ludiDf the lOOalizoou or roaisn cou>lrlu.
I ~ra ooor validitYol Ilis perel~
fro' Not•bcr 12b. ZOO!to Al>r3011\.ZOO!
9 Teras .. d condltloos:
II)It Sllall be JrHibilto lake species olbtr tbu tilose prucr ibed io
paucraob i or to tle<td the •tllbtr of htt prescribed I• p&.qraph
IlAoywbllu ta~ eWoierthi~~tr saltldso loouractiu"e beproctued
dt er lu observatioaodcolicctico ol U8Pfu.
()) Ienit a ol Uleresearc• sball lit reoort<dtlstrr of Acriculture.
Forestry and Pisborlu loodlate ly becoaplttio o of ooent loool tbe
res,eutl
(4Aceooolllll leoort rmr• i•a the reweaII beulloltid to t~totier
of A&irceltare. Forellrv aa41lsh<ries 1-tly apoatbe eorwlellon ol
opecatioaof tbttUI"Hek.
151 Tbecold r rtudt barpooo•ht l tot be usednlIIsis pertlltebYtoe
Director-(;<oeralollb efi sherieras~ee sary for the iaole.. atat ion
of renarchad u lessIt Isustdastb~ucoactharpoo slorderto sbrtu
tbt li tto dcatb of tie it<bleb 011strock bYthe explosl•t rreoade
bHPOOL
t6l Rilles on boardsball lit asedOilYlor tbc purooseol slrorttniag the tioe
to deatb o•!lalu.
liliessbl ll be end u the nin secondary tilli ng techi Qie oaless
dilli colt ies II i" •U. rilles or bcott rs.
f7lTltlPtto ish ll bepfoc:01board the <tUcl dorlac th openll oItt
rtSUrth.
li)Tbt II" specif ied ln!ortllo.4ol lit nolildaledA~o l>sl.1950
(rei. Ko.25-S~I0 G4T>s)al)b• displlfed oo tu vtml.
(9)£oloretotot olIah. orperso!J~t1lhve respooslbililYlIberun reb
<bill be on bn nl the •euel.
IIl II sblll be problbild to relne fisheries inspecbe ••oboard lk
"us.~l.
1111Daut to other fisheries coubyI beot>eratisbll be eorroated 1D
couoltat loo with tilt ,areoDCtJOtG.
illl Ue bearer ol tbt pefllt 101relut lhcprueo!ltlOI of report <llitb
is r~ire ldr ~e '"" " oreoordlttllllf tbOPtfllio• itb other
lis.hhc operation.
(l!l Jbe research shbeliapleau tcd uocltr the JUidanceaad sopetfls!oo by
the Director""'••ral ol the FlsbeAccnv YberellrH appropriolt.
1141Thisperoll eoold bt •ilhdran if •foltoithesetcr11 ud coodillnu
bt obstr~ nd
;t.l)c: !\Is dotw •t Isn uuflitla• uu s1UICIfIorlilt ,OI\»ksef 11 lateraulonl 11:.111
C. iu:icn1\eorhlnJJIUJU (ILk hpuu•1q,pq e '' tlltOlh o't:lh.,lbls
Hti \L
44 Poroot .!OS·IKA·.1~17
Dated~•••• ~,•r01
Issueto:Tbt Jostotoof Cet•c••lt scarcb
~iro tc r ••110r110111101'0
~ddure: 4-5, rovoal-cllo,Cbloo.Ja;~pkY
'" "'d bMr Sbi&rruSWill inlrleM Asrleellart. Forutrr ao6f lshtrles
Thi•~rr itntborl~ thesiooltJ><ntaoiooof tlt ruearc h uko of
•nlatclocliolfhales. frbalu udHuopbtta•bales lor scieo~VfllOS<S
intheAoarcl lc Ot.aa
1 P.rP.Go:rruureh :
ltsnr ol hale1toth oothe S<J•tl:Htls~herc
! lt~o~ ulresearch.
Rtstatctateusia&artoad•••~oo••
3vossI<osrd ud ••ossoonaaJ;t:
hosbln-nu ~· 2 tm.oocn
' luureb bue Ill< JO<ro!tttdvrssel !>.loan to):
~~s~In•m !.044oocn
5 O•"r oflbt Vcutl
lyod> Stu akc Lm
i Slltcies uan~t of •halttoII<talcoforRtstarcb :
850.\ntarctlc aiote o~Hiln•hales u6 SDfioobockthlin total
brtbe tescarcbll«t iacludthis •cs1cl.
Ro·•e•er. iautbori•eto late cp 10935Alltarelie&ioke •'hates. II
ilIs so reu irooltc I>Un>tS!lep!caeat oberun reb. Klio\t
•r..tes'"oxclodt4froa th<tuearcl
45 Desisu u !~bdn1on sollb of tiOS, ••sl ol 130E. •U I ol 145t,
••dlldiog lbt 100•li e um o/ toreisn 00111ltres.
I Duulloo ol••Iillly of 1•1• oer1il :
Froa!lon11btrIIIII. 2001lo APtII l"h.2009
9 Teras aodcandllloas:
W lt sblll be prohibited to llkt sPtCicolhet tho those orcscrlb<d iD
o•rasr Iaorto •••••d 1..••aber oltake prescri belo ~arasr t..-
121Aoy•hales tatoenderIbis per1iI sllooldsofar u oracticablt bt processt4
alterlht obser•alioo ud colle<tioul suples.
13)ltsulls of lb< rtSearch sbaII<reoortrdto lbe VIstu of Aaritollare.
foreStrYandFisborhs i••lia lely uPO!lbe cauli eol ~r ooeratlooof lbt
ruurcb..
141Accoanlllf itcporI ruatd iQI lilt ••••uc•lisohllled lo lbt Micisltr
ol A&ricolture.Forestry ud fisberiu iooedialriY 11100lbt ca.plelfon ol
oreutlCIJolfl bfresurcb.
IS) I'lcold rreudt borpooo sb•ll nol be ued UJitu11 is P<llilltd bYlbt
Ulreclor·Ceoeulol tbtFisb<riuA&eacyas ••ccsnrv lorth lllPieotlllliOD
of researchud UJth:n ltis ud 1.\tbeueo11dbuPOOin rsordu 1oshortea
barpoo11.lo deatb Of lbe to le ofllcl n s struck by lht UPilrtUit
f&Jl ili eoaboordsball be usedtolr far IkePIIPO!t tl sborl.. iDrrhe rix
lodtatbor •hales.
llllu sball be used os the aai• sec:oodur k1llinc ltebolue nlcu
ditrlcollles arise•flbrillesor buol<r.
(7JThis ~~itlrsbtllbe Phced •• boarotbt ruse ! dorior topealioo ol IDe
rcsurch.
Illnr IIa&!pec:ilied Ia fo~o4.of be IOIIIIcatloo dateAUI"I 151111.9!0
Ire!. H. 2;-SUICYG-314s1h1ll be dlsol&Ytdoo lbt •esscl
191eoror... nollie lat.or Ptrsoo!s) Oobavo rtiPGtsibililortic rcstartb
sull lit01 board lbtnssel .
tiOl It sball be prohibited lo rehse lhhtrluiosPtctor to be on board tbt
tessel.
llll na.. lo orb<rlishtriu causedbY lbeopoon lotsball becC~~Pto Isaled
coosulut ion • II!be parlin coD<trlle.d
It!)IJ\ebtarer ot•• Ptrail shll~o rdose !bepres.. tatloa ol rtPOrt•bleb
isreouired lor the PGrooseol coordioolh l t"to~cnt tlaboother
ClsblaaoperalioiL
fiJI Tllt rrsurch sulbe ill'ltoealed 11der Ibe pida ad noe"ision by
the Dlrtelot-Gtur&l of lit lisrlesA&eetl•bore ud H appropriate.
(14)ThisPtr•il co•l6 h •itMr.., ;r~lolal ti!lost ltr.. ud cooltl ou
IH:observe<!.
'•lc: lllis doc-•1 •••fU~ lN.tlnto•fordaePl.lfJ.tftlbt fltrI IIIraa,
Coaalula lht oriri ••1 lhtlbe hNN$t laan-.II llleOlll'orfic;h l tttliO. ol lllh
ttrwlt.
46 Specill Perall
Pt,. ~..ZD-SUll -l.1l.~
Datedhre obtr 5.200~
Issued lo: The loslitute of... Ruearcb
Director·k ~ioor NORIIIOTO
Address• 4-.Toyol-cbo.Ch...-kv.Toh.on
IssuedbY: Vr. Sbilltnt I.i:isteof A&rcl:vllu:Forc•trv ud fisb erits
This peralt n tb4rues lbe l.e..lilloa Oll~e researcblakeof
J.tarctic oink• •h ifi~Williud Buopback•bales loscie~tpi UIOStl
lotbcADiarcti<Otca~
I fltP •Go~researcb :
lesearcbor <balestotts ia theSoocnrRcias~•~•r
! Neto~dofresearch:
luea rchlakeosi•r sreu4r harpooos
3 Vesselund lndcron to.IUIc•s.
Kaitoii-131116.0%Sn&
I lt s<arbosefTh•porail t•esseI b<loq s lol:
~issb -iarw18. 04DDGTI
s Ollaeor theftsst l .
OFFSliOlEPWTI(I!ILID.
6 So<clt! and n.. ller or otbtotakealorluearcb:
ISOADlarcit tink•h ies;ofloobalesud ;oliRDbac<haleslototoI
br lbe restarcb fl«iaclldlnIbis vusel.
loJcver. il is atl,orl>etakeap lo 935Antarctoioke•hiles.II
It is so r«aircd for lbe purposeto liPit •'"' thr reslit~fLO.arl
•bales aroaclud•dlroa ''reJ•arlL
47 m••;..,,....tbe Q lfrSIOil l or 60 s. cu t ,r. ...,or 145..
u elodlnr Ibe lI111IOOU ol lorri!• COltiU
I Ountiot ornlldltr ol llh pcroll :
Froollo,.lbtt llt2001 to.\Jir3Citl200'
Ul IIassh itbtdPtololbitd tutt IP«iu otkt r~u tllon Pttl<t lbd "
paruru 'or~to rued II• tuberor t1ke Prtsttlbtd I• Ntlltll>l &
m /.apulu llkurodor ,.;. Jtn ll .... Jdsollfttl<tl~ letroasscd
allu lbt obsc" u ln ... tolltcliO I or UIPIH.
or t uolts or tbt ruurd ~ llbt '""r ttd to tilt l fohttr ol Actltt lllr<.
fortslrTII.fJsl:cltU r.nfattiVJOOtiltC..JtlfOIOfCJt r&tiO&Of tie
ruurc..
141Ateoa&lfiCifport ton r61u rtsearu d all bt n!lo1tttd to hlsttr
ol .\l ricuflll<. Forut ry aa4 Tisbert.. leoedi&leiY01110llt COIIIIttfoo ol
opcnt loool Itt res,.rel.
lSI Th cold srraado lar,oon slllll oat l>oasd uoleu 11 IS pbr !Itltd
Dlreetor·Ceotr&lor lbt 'lsbAitttf u &tcUSII' lor lilt ln ltiCIlll
ol ru urcb ud uolcu It It vs•• u st«~ bu~aoo Inor~r to silotlu
rat trot to deatb ol •~•I•~~. ... st rutk br tbt ttJiosl•e llt<e
ba~
151llllu 01..,., ball bt osed oalr lor tbt poroosetl sirJOrtulq lilt liSt
to•••t~o! obalts
lil lusllllllitud as ••e aall seeoHirtk.tllu tttbl nt eolus
diHicall iu aris•I~ ril lts ar knt tu .
17)litis pen II sb&ll Ireolacd oa..,.rd Ike •use! CartiC IbeOPirJtio• ol tbe
ruearc&.
(&)Th liar Spttlli td fa fo, 4 or lbe nollf iut ln !1GSI Jill>. IIIII
rrcl. .oZ5-SUICYO-J5ilahll be dlspllVtd oo tmstl
111Eoorce ltotl~lnc.lorltsools) " •batt rtSI>Oisfbilitr lor tbe romrtb
sball bt oa llol~t •enel .
IJQ)II s\albe Prohlblttd to rt lase loshu lts fupectorotboard till
•cnet.
(II)D...,.to otbtr lhllt rlu cantf •r Ill<Oll<rolio•sball ottd ia
cau tllatlo•It~ lilt oartios ..,...ned.
Ull Thelturor ol t,.,.Itsh ll aot :. lese tilt prtscatat In tl reportt blth
h rroolrri lor tkt " 'OO" or coordlu iiOI tDh tllt n tloa "'" otlltr
lh~l.. .,.,.,,ou.
IIJlTilmu rch wll be l• lmtlltd u'cr "'nllu~ aii SliPtr•is~•
lilt Dlrtt tor-Ctntra l ol lk Fitllrries .\lucit1 ..r~rl ltl.
(1(1llis Illroil covld be• ltIIr•lolal ioo to tlorseuo!conditioos
lieo!>srd.
Htl•·fhh .._..Jau.u tffltl •l l ru~clM '''PG'l"tb t lu n• u J\albt1
t..ll• 50L1'\lltli Mrlll I• l.. lunt Jt Ih llc Olh t ft•t n of ttlh
..,.ll
48Annex 86: Special Permit No. 21-SUIKAN-1605 of 12 November 2009
Porm!tHo.21-5Ul~ -l605
DoLud ~ove~be 12,2009
Jssurd to: The lnstituteof CctaeeamRostarch
DireeLor: llr.IUnor~ORIMOTO
Addross: 4-o,Toy,.,i-cho,Chuo-kTokyo,Ja~>&n
Issued by: Mr. Hirotaka ~TSU. Minister of Acrieul tul"'A,Fotost.rand
Fisheries
This pormH aut.horlzes the iaplu.entaton ol 1ho researc htake of
i\ntarotil>inko•halos,Fin •bales anHWI!IIbae•halosforsclen<ific purpoJas
in tho Antarcie Ocean.
I 1'\u'paRooreseareh :
Researchof whale sLacks in 1.hoSoltthurn He11lsl>i>ere
2 Methodof research :
Research take using eronado harpoons
3 Vessel•••d and gross tonna1c :
Yuoh\n-garuNo.2 (747.00CT)
( Research base(Tho p6rmlttod vessel belongs to):
Nlsshitr'"1DJU, 044.OOOT)
5 O.ner oftho Vossol :
iiyodo Senpaku L'ID.
6 Species andnumberof whales to be ta~!n for Research:
860Antarctic lllinkowhales, 60Fwhal~ a•d60llupback•hales in total
by the ~searc fhet includins this vosse!.
However.iL is authorized to take up to 935 Antarctic •inke wbalos, if
it i$$0roqu!red for tho purpostoimple010nttho ruear<>h. Dwarfo:.lnke
•halts are excluded froaho r~se.rc .h
49 7 Researeh area :
Designated o&tho waters south of 60 S, cost of 35 E, ••st of 175 B,
excludin& tho 200 milo zones of roreign countries.
8 Duration of validity of this permit ;
From Novc~bo 19th, 2009 !o April 30th, 2010
9 Teras and conditions·
(I) It shall be problb ltod to toke species other tlu!n those pnscr!bed In
"""graph 6 or to uceod tho nutober of takeproscrIbed in pa....,.craph6.
(2)A.1ywhales ta ken under thi~nri hould so for as practicablebe processed
after the observation •nd coll~ct io aaplex.
(3) Results of tho ro.. nrch shall be reported to tho M!ni<tor of Acriculturo,
Forestry and rlsherles lmm•d!atcly upon tho complotloo of operation of the
research.
(4) Accounting Report re11arding the researcn shal 1 besub11l~oethe l!lnistor
of Ag~ict uulrcForestry and Fisheries immediately upon the c03pletlonof
operation of t.he research.
(5) The cold grenade harpoon shall not be used unless It is poraittcd by the
Director-General of 1.MFishrries Ag~cy as neco&satJ (orthe i:-.;plt"2ent.ation
of research and unless It Is used as the second harpoon in order t.o shorten
the tillet.odeath of the whale which was struek by tho explosive cr-nade
harpoon.
(6) Rifles on board shallbe used only for tho purpose of shortening the time
to deat.h of •halos.
Rifles shall be usod as the main secondary killins technique unhss
difficulties ariao with rifles or hunters.
(7) This pon•H shall be placed on board thevessel during the opcrution of tho
research.
{8) The flag specifi ed in fona No.4.of the notlfleatldated AuRUstl5th, 1950
(l-ef. No. 25-SUlGYG-3645)sluollb& displayed on the V6ssel.
(9)Enforc... nt officialsor person(s) ebo have rospoNOibllitrfor the ros-ch
shall be on board tht vessel
(10) Itshall be prohibited to refuse fi~ies inspector to be on board the
vcs.seL
(II) D"""'ge to othor fisheriecaused by :he operation shall be coopensatod in
consultation with the parties concerned.
(12) The bearer of thporah shall no~ nfuse tho presont&tlon of repor t which
is required for the purpose of cq.otd!nattng this operation with other
fi shing operations.
(13) The r esearch shall be illiPleaocntcd under tho cuidance 4nd supervision by
l.be Directo r-Gcnoral of l.Fishe~i A g•ncy•hero and if appropriate.
(14) This peraitcnuld be witbdrowo if violation tothese terms and condition•
be observed.
PlottThh doc~t I• u unortlci.t trtnslatiOll PQr"PPHJof .... lalur.atlonal IM.Hn•
Coc.iuion. TheotiCiMI po"itln theJa~C$1 lar~&tea~thoonly ofCieial ve..r.sionof thls
peralt.
50 Spee!el l'Cll'll
Penolt No.21-SUIKA.'HiiOS
Dated S()veabor 12, 200S
Issued to: The Institute of Cetae.. n Rotoareh
Olroetor: Mr.Ninoru 1101!11101'0
Adcfrou : 4-5,Toy.. I cho,Cltu<rltTokyo,]a pea
houed by: llr. Hi.rotaka AJWIATSU,Wlnittu of AJrleulturo, Forestry and
Flahorlos
This pomit authoritos tha lou>le11oetauon of the research take of
Antaretle alnka whales, Fio wbaloa and llulllpbockwhales foael~ntl !urcoaoa
in the Azlu.rctleOeean.
1 l'llrpon of ruoareh :
Rtstarch of whale stocks In tho Southern Uemisphoro
2 Method or resaerch :
Researchtake using grenade harpoons
3 Vessel uotd and voss tonnaJ• :
Nls:hl..-..ru (B.~OOGT)
4 Yetselt ae~led ·
Yushl,......No.2 (H7. OOGT)
Yurh!n-uru (720. OOGT)
Yushln-u.ru No.3 (742.OOGT)
Shona..-.aru l'o.2 (712. OOGT)
5 Owner of tho Vessel :
XyodoSonpaku LTD.
6 Species ond nuabor of "hal•• to bo taken for Resooreh:
860 Antarctic minke whaloa, 50 Pin whales and 50 Humpbackwbalu In total
by the raseareh fleet lncludin, this ·~sel.
llowtver.It Is au<horued to take up to 935 Aat.atetie alnke whales, if
it Ia eor~ad for thoIIUI')OI:o i111>l-nt the research. O..rt ai::lte
whalto are excluded free tht ••••~
51 1 Rc(lj)arclt area :
Oosignated aa tho ..tars south or 60 S, east of 35 E) •est of 175 E.
excluding the 200 •ile zones or rorolgn countries.
8 Duration of validitY of this permit :
From Novomber19th, 2009 to APril 30th, 2010
9 Tcr.s und condl!lono:
(I) h shall be prohibited t.otoke species o~ho ran thole p1·escrlbed in
paragraph 6 or to exceed the nu.m.r or take prescribed In paragraph 6.
(2) MYwhales taken under this pemit •hould10 ru os practicable be processed
after the observation and collec~ ifona.~les.
(3) Results of the reoeoreh shall be r•J>orted to the Minister of Agriculture,
Forestry andFJsherios iRUD8diate:y upon t.hucompletion or opor-ation of tho
reJ"roh .
(4) Accountlng; R4port ro1arding the research shall be subai Lto~o tho MiRistor
of Atriculture, Forestry and fisheries ianediatc1y upon tho co~leti ofn
OJ)Orationof the reaoarch.
(S) Tho cold grenade harpoon shall not be used unless it is pe:'11tted by tho
Diroctox-Gcnoral of tho fisharj.es Arcncy es necossa.tor t.hc iaplcacntation
of research. and unleiiit is used as the second harpoon in ordar to sbonen
tho time to death of the whale which wos struck by tho explosive grcnedo
harpoon.
(6) Rifle• on beard shall be used only r...the purpose of shortening the time
to dsath of wllalcs.
Riftu shall be used as the .,..;n secondaTY kiII ina technique IIJllcss
dif!ieulties uise wlth rifles or t>untoro.
(7) This penait shell bo placed on board the vossol during the oponotion of the
re5carch.
(8) Tho flaa•peeified ln for11No.4 of the notlfiOJJtton dated Augustloth. 1950
(ref. No. 25-5UJGY0-3645)shall be displayed on the ves.ol.
(9) F:nfcr"""""t off icialsor penon (s) who have respoosibllity for tho research
shall bo embeard the vusel.
(10) lt shall be prohlbl ted to refuse fisheries inspect to.bo~ on beard the
vessel.
(11) Damage to othe fsheries caused by tho operetlon shall be eoapensated in
conauhat-ion tthh tho parties conc:.otnad.
(12) Tho bearer of tho por•lt shall oot refuso the presentation of report whioh
lo reqUired for the purpose of coordinating this operation with other
fishing operations.
(13) Tho research shall bo lr;pl-nted under the guidance and supervision by
tho Diroetor-Cenerol of the Fisheries Aaoocy ,.;,..•nd i! appropriate.
(H) Th1ope11llit could be .,.1lhdtoW1i[violation Lo these tens and coedit ions
bt observed.
Kote:Thh dotUMnt han lln0f!1c.t•' t't'4tfor tht pu.rposesthllltDrnt~t lMoH!~1•1
eo-s..ion. Thearitir.ap~t In the ]•De.Deoelan(l}.lcet&tN: OfllYoffici• I vonton of tbie
p¢rat..
52 Spoeio1 Per~tit
Puai l 110.1-SIIIKAIH605
Dattd ~ovembe r2,2009
l~uod to: Thernsli LuLeof Cetacoon Research
Olrector: Wr. inoru UOR MI TO
~ddros :s4-5,foyoai-cho,Chuo-ku,Tokyo,Jepan
Issued by: llr. JllrotakaAIAJIA1SIJ,Winister of Agriculture, Forestry and
Fishorios
This permit aut.horiz.es th~ i111plemeattio n oftho researc h take of
Antarctic Qinko whales. Fin whaloa and lill"'))backwhfor .. lentiflcpurpoaos
in the Antarctic Ocean.
I Purpose of research :
Research or •hale $\ocks in tho Southern He•isphore
2 llethod of reseuroh :
Research take using eranadt harpoons
3 Vessel used and cross lonnaao;
YushiiMW'II (720.OOGT)
4 Research heso(Tho permit tedvossol belongs to)
HisshliMI8n l (8, 044.OOGT)
5 Ownor of tho Vessel :
KyodoSonpaku lTD.
6 Species and numberof whales to he takenfor Researeh:
850 Ant.arctlc •inkwhales, 50Pin.-boles and50 HIIKPbackwholes in total
by tbt rosaareh fleet including this vcssol.
llowevot, it is authorized to 'take up 935 Antnrctic minke wh1dos, f f
It is so required for the purpo•• to plement tho resear ch. O.orf mlnke
whales ere excluded from the research.
53 1 Research ~rea :
Designated as th<>waters s<>Ulhof 60 S, east of 35 E, west of 75 r.
excluding the 200 mile zones of foreign countries .
8 Ouratjon of validi t.y of this permiti
FromNove•hor 19th, 2009 lO Apr;l 30th, 2010
9 Ter~ and conditions:
(ll It shall be prohibited to t.a.<especies other than •hose pres cr ibed in
paragraph 6 or to exceed the nu~e rf take prescrjbed in paragraph 6.
(2) Anywhal es taken under tbis permit sl1o11ldso farpracticable be prooessed
after the observation and collection of sa.mples.
(3) Results of the res earch shall be reported tn theMinist...of Agriculture,
Forestry and Fisher ies imediately Upon the complet ion of ope:ratioof tho
research.
(4) Accounting Report rogardins tner~S&ar shall be subaoite d to thollinister
of Agricult-ure,ForestrY and fisher iesimmdeiately -uponthe completion of
operati on of theresearch~
(5) The cold grenade harpoon shall not be used unless it is permi~t bydche
Director-General of tbe Fishe!"ies Agency necessary fo::rtho \mplC!Dlo;'ltation
of research and unless it is used as the second harpoon in order to shorten
the ti e to death or the whale which was struck by the explosive grenade
h2rpoon.
(6) Rifles on board shal lbe used only for thepurpose of shortening the ti ae
to death of •hales.
Rifles shall be used as the main secondary ki!ling technique Unless
djffjculties aris e withr~fle orsbun~e .rs
(7) This petltitsholl be placed onboard the vessel during thooperation of the
research.
(8) 'Iben~s specified in fom No.4 of the notification dated August 16th, 1950
(ref. No. 25-SOIGYo-3645)shall be displayed on tho vessel .
(9) EnforeeiJM!ootfficialsor person(s) who have t-esponsibity -forthe research
shall be on board the vessol.
(IO) It shall be prohibited to refuse fisherie s inspectorto be on bosrd the
vessel.
(J1) Damage to other fisheries caused by the operatio n shalbe co~pensa ited
consultat ion wi th the parties concerned.
(12) 'fba bearer of the penuit •hall not refuse the presentat ion of re port which
is roquirod for the purpose of coordinating this operation with other
ti shins operCtl.n.os
(13) Theresearch shall be implemenetd under the guidance and superv1sion by
the Direotor-G aJcnf~tho Fisharies Ageneywhere and if appropriate.
(14) This penuit could be •ithdnnm if violati on l.o these ter.s arul condit ions
b~ observed.
.t\otc: Tdoct~C i~enutoff icial translation :fpupc~leol ia inw~n ututbl ina
Cocm.t$~t: Tbonr!ainel llt!rclt 1" t.buJepuoi1Sel-enKQonloffic.iann:i~ f"this
po-ndt..
54 SJ)aclalPermit
Permit No.Zl-SUlKA-N605
Dated November 12, 2009
Issuedto: The lr.stitutof Cetacean Research
Oi.roctor: J.lr.llinoru MORllJOTO
Address: 4-fi,Toyomi-cho,Chuo-ku,okyo,Jap•n
Jssu cd by: )lr,Jlirouka AKAMATSU M, ininer of Agricultur•, For<s~ ryd
Pishories
This po!1J!iauthorizes the ill!Ple.ro.ein of the researeh take of
!lnt..aret.ic fllinkewhales, Fin whales and Hwhales for scientifij)urposes
in th~ Anusrctic Otean.
1 Purpose of rcsearoh :
Research of whale stoc"sin the Southern Hoodsphore
2 Method of research :
RBsearchLakeusing gronadc harpoons
3 V"esse] used and gross tonnag~
Yushin-aaru No.3 (742.00GT)
4 Research baso(Thc permittedvessel bolonss to)
Nisshin-maru (8, 01{. OOGT)
5 ~ner of the VA~so :l
Kyodo Sonpaku~TO.
6 S_pucios and numburof whales . ·be taken for Res'8arch:
850 Ant.uetic minkewhales, 50 Fin wholes and 50 Hwnpback1rnoles in total
by the research fleetineloding this vessel.
Howe~ e r is authorized totake up to 935Antarctic minkewhsles, if
it is so required for the purpose to implemont tho researc h. Dwarfminke
whales are excluded fromthe rc~eareh.
55 1 Research &roa :
Doslgn•ted as tho Y$leT$ south of 60 s. •••t of 35 E. west of 17o n.
oxcludtna tho 200 ~ilo •~ o•f•or•ign countries.
8 Duration of validitt of thia pcr•it :
Froa Novombor19th, 2009 to April 30th, 2010
9 Tor.s and conditions:
(I) It shal I be prohibitod to take spocies othu than those prescribed in
paragraph 6 or to exce•d the numberof take prO$cribed in paregret'ph6.
(2) Anywhales token under thh pemit ahovld sofm: u practicable be processed
•fter the observation and coJleclion of sample$.
(3) Rosults of tho research shall be reported lo the llinJster of Al:rlculture,
Forestry and Fhhorics i-diotoly upon the cooplotlon of operation of :he
resoarc!L
(4) Accountina Report reaordinr the research shall ho sum nod to thc llini stor
of Agriculture , Porastrr and Fisheries i.JJR$dhtoly upon tho completion of
o;Krration of the restarclt.
(6) The cold srenade harpoon shall not bo used unless i~ is peraltted by tho
Diroctor-Gonoral of the Pisherils Agencyas e«essary for the illpl.,.e ntation
ot research and unless it is used as the second harpoon In order to $1lctrten
tho tl ..to deat.h of tbe whalo •hich us struc k by the uplosive rronade
harpoon.
(6) Rifles on board shall be used only fnr the purpose of •hortenlna the tl1oc
to death of whales.
Rifles shall be used as the ""'" se<:on<lary klllina teehniq unless
difficulties ori•o with rifles cr hunters.
(7) This permit shall be placed on board the vessel durina the operation of the
rosoareh.
(8) Thoflae specified in fora No.4of the notification doted AUiUSt15th, 1960
{ref. No. 25-SUICYQ-3645 s)all bo displayed on the vessel.
(9) llnforcl!aC!ntofficialsor person(;s)whohave responsibility for the research
shall be on board the vessel.
(10) it shall bo prohibited to refuse flshories inspector to be on boerd the
ve.nel.
(11) lloaloQto other fishuries cauood by tho operation shall be COOil>•nsatoin
conS'Utlation with the partie• concerned.
(12) Thebearor of the ~.. . ,h;ll not refuse the presentation of report which
is required for the purpose of coordinati ns thi• operatJ on oith other
fishing operati. on~
(13) Tho researc h shal l bol~ l.. nted undor the guidanoo and supervision by
LhoDirector-General of LhtFishe:ries Aa-encywhutotand if appropriate.
(14) Thl• perait could be rith<kawn If violation to these un.s and conditions
be observe d.
Hot•' Thh doeU.. Iban t1A0ff1tial trana-la\fon rot the J•r t.he]pton.licma9baH~~&
c-Julon. no or1c:lneocnh la ll'le:Japala~tp ,•,eo onh offiebJ vat~f oo :lib
p.erai1..
56 Spe.eiul Pennt
P~~t lNo.21-SUIKN\~1605
Dat.e.d November 12.2009
Issued to : Tho lnst.ituof C<ltaeean Reso.orch
Director: Mr.MinoruMORLUOTO
Addrcss : 1"1.>Toro-~h ohuo-ku.Toltyo.J•l>!ln
Issued by: Mr. lli rotaka A!WIATSU,Ministerof Agriculture, l'orcnry and
Fisberioo
This penrit oothorhcs the implc.mcntation of 1.he researctake of
Antarctic minkewhales-, Fin •hales and Humpbkchal orsscientific purposes
1:1 t.he Antarc ti c Ocoan.
1 Purpose of rase"rch :
Research of •hala stocks io the Southox·nHo11isphero
2 ~etho df research :
Research takeusi~ grcnado h~poons
3 Vlls:s-el used and gross tonoaJJe :
Shonan-maru No.2 (712.00GT)
1 Research base ('rho pormitted vesse l belongo to):
Nisshin'"11laru(8, 044.OOGT)
5 Ownerof the Vessel :
Kyodo Scnpaku LTU.
6 Species and number of wheles to be taken for Research:
850 Antarctic ntinkewholes, 50 Fin whales and 50 llumpbac.kwhales io tot.al
by the researchfloet Including this vessel.
However, it is authorized to tako -upto 935 Antarctic cinko whales, if
it is so required for tp~se to ir:plementthe research. DwarfMinke
whales 3l'e..tcluded'Irom the. research.
57 7 Research area :
Dosignated as tho waters $01lthof 60 S. east of 35 E, west of 175 E,
excluding the 200 •ilc zones of roreign countries.
B Dure~io on validity of thls permit :
From Nov.mbor 19th, 2009 to April 30tb, 2010
9 TortL and conditions:
(I) lL shall be proh!b!tod to t>ke species other then those prescribed ito
parognoph 6 or to exceed tbe nw>ber of take prescribed In paragraph 6.
(2) Any•hales taken under thisper11itshould"" far as pract!c <epr<>eeued
uftor the observa tion und collectiono! Slllll>les.
(3) Hosults of the re•..reb shall be reported to tbellinistorof Acrlculturo.
Forestry and fisheriesimmediatel y upon tho c.olUlllotionof operation of the
re.sftarch.
(4) Accountioi Report roJordina the research shall be sub11ated to tbe liini•tor
or Auicultun, Forestry and Fisborlot liQt!diatcl y upon tho completion of
operation of the researclL
(5) Tho cold uenado ~orpo soall not be used Unless it is penh ted by tho
Dirocto~en oe rha lisherios Agcne7 as t>Ooessaryfor the hopl....,nt.ation
of "research and unless it is usea~ the second harpoon in orde.r to shorten
tho time to deeth of (he whale which r.J struck by the eXl'iosiv• grenado
harpoon.
(6) Rifles oo board shell be used only for tho purpose of shortening~betl~e
to death of whales.
RUles shall be urod es the .,.;n ••condary killlna technique Wlless
difficulties arise •it h rifles or hunter•.
(7) Thh po.rmHshall bo placed on board the vessd during the operation of the
roseerch.
(8) Tho flag specified in form No.4 of tho notificatiodated August15th, 1950
(Tof. No. 25-SIJIGVQ-3lW5)shell be displayod on tbe vessel.
(9) Enforcoooentofficials,or person(s) wbohevel'csponsibilitY for tbe research
she11 bt on board tho ••""aI.
(10) lt ohall be prohibited to refuse flshorio• inspector to be on board the
vessel.
(Ill DaJUre to other fisheriescaused by ~ho operation shall be e-nsated in
consu1tat ion with t.he r>arties concerned.
(12) The bearer of the permt shell ~otrefuse the proscntation of report which
is required lor the purpose of eoordinat.ins this oparotion with other
flshln& operations.
(13) Tbe research shall be iaple .. nted under the guidance and supervisioby
tho Diroetor-Conerel of the Fisheries ,\Joncy where and!f eppropriate.
(14) This pormi could bo withdra wnif violation to these leTIISand conditions
be observed.
N:;~Tth•;*'-eDt h sn unoffi4\Jal transl ation for th• l)ijflntornll~hetiOlnlld
c-iuicm. 111O!'ic:ioalJM:rahI" t.heJ•'l•n•!,lh••theonlr ortlci"Vtro lfllht1~
perah.
58Annex 87: Special Permit No. 22-SUIKAN-1577 of 29 November 2010
Special Permit
Permit No.22-SUIKAN · tS11
Dated No•ember 29,2010
Issued to: The Institute of Cetacean Research
Director:t.ir.Minoru MORIMOTO
Address: 4·5,Toyomi-cbo.Cbuo-ku ,Thkyo,Japan
Issued by:~k M.ichihiko KANO, Minister of:\gricultuJ'eFor~-t ary Fisheri es
This permi t authorizes the implem entation of the research take of
Antarcti c minke whales, fin whales and humpback whales for scientific purposes
in the Antarcti c Ocean.
1 Purposeof research :
Research of whal e stocks in the Sout hem HemLcphere
2 Method of research :
Research take using grenade harpoons
3 Vessel used an d gross tonnage :
Nissbin -maru (8,044.00GT)
4 Vessels accompanied :
Yusb.in-aru (720.00GT)
Yushin·maru No.2 (747.00G'f)
YU.Sbin-maru No.3 (742.00GT)
5 Owner of tbe Vessel :
Kyodo Senpaku LTD.
6 Species and number of whales to be taken for research:
850 Antarctic minke whales, 50 fin whales and 50 humpba ck whales in
total by the research tleet includ.tbis\"'eSSel.
However, it isauthorized to tak e up to 935 Antarcti c minke whales, if it is
so require d for the purpo se to implement the research . Dwarf m.inke
whales are excluded from the research.
I~searc hrea :
Designate d as the wate.rs south of 60 S, eas t of 35 E.west. of 145 W.
excluding the 200 mile zones offoreign countri es.
8 Durati on of validity of this permit :
r'rom December 2. 2010 to Marclll 31. 2011
59 9 Terms and conditions:
(1)It shall be prolubited to take cetacean species other than those prescribed in
paragraph 6 or toexceed the number of take prescribed in paragraph 6.
(2) Any whales taken under this permit shall so far as practi cable be processed
after the observati on and aillection of samples.
(3) Results of the research shall be reported to the Minister of Agriculture,
Forestry and Fisheries immediately upon the completion of operation of the
researc h.
(4)Accounting report regarding the research shall be submitted to the Minister of
Agriculture , Forestry and Fisheries immediately upon the completi on of
operati on of the rese3rclt.
(5) The cold grenade harpoon &bBll not be used unless itis permitted. by the
Director-General of the Fisheries Agency as nece ~s. or.the impl ementa tion
of research and unless it is used as the second harpoon in order to shorten
the time to death of the whale which was struck by the explosive grenade
harpoon.
(6) Rifles on board shall be used only for the purpose of shortening the time ro
death of whales .
Rifles shall be used as the main secondary killing technique unless
difficulties arise with rifles or hunters .
(7) This permit shall be placed on board the vessel during the operation of the
research .
(8)The flag specified in form No.4 of the notification dated August 15th. 1950 (ref.
N o. 25-SUIGY0-3645) shall bedisplayed on the vessel
(9) Enforcement officials, or person(s) who have responstbility for the research
shallbe on board the vesseL
(10)It shall beprohibited torefuse fisheries inspecto rto be on board the vesseL
{11) Damage toother fisheries caused by the operation shall be compensated in
consultati on with the parti es concern ed.
(12) The bearer of the permit shall not refuse the presentation of report which is
required for the purpose of coordinating this operation with other fishing
operati ons.
(13) The research shall be implemented followig the guidance and supervision by
the Director-General of'the Ftsherie s Agency.
(14) This permit could be withdrawn if violatio n to these tenns and conditions be
observed.
(15)The Minister ofAgriculture, Forestry and Fisheries may, at any time, change
the terms and conditions of thi s permit. Such chang es must be followed by
the bearer of thispermit .
(16) DNA analy sis that is necessary for DNA registr ati on shall be conducted for
each whale taken .
1\ou:: Tilis documei5 o.nunofficial translaofor thepurposesof the !.nternativ::W Whaling
Com.miu1on. The oriiinnl permit iilie Jap&J4eslanguage isme only cdicialversion ot!w
permit.
60 Special Permit
Permit No..22-SUI.KA. .J- 1P 7
Dated NovembeT 29 ,2010
Issued to:The Institute of Cetacean Research
Director. Mr.Afinoru MORIMOTO
Address : 4-5,Toyomi-cho,Chuo-ku,Tokyo,Japan
Issued by: Mr. Micbilulc:oK..o\..'JMinister ofAgriculture , Forestry and Fisheries
This permi t authorizes the implementation of the research take of
Antarctic minke whales, fin whales and humpback whales for scientific purposes
in the Antarctic Ocean.
1 Purpose of research :
Research of whole stocks in the Southern Hemisphere
2 Method of research :
Research take using grenade harpoons
3 Vessel used and gross tonnage :
Yushin-maru (720.00GT)
4 Research ba.se(Tbe permitted vessel belongs to) :
Nisshin-maru (8,044.0 0G'I)
5 Owner of the Vessel :
Kyodo Senpaku LTD.
6 Species and numbe r of whales tobe taken for research:
850 Antarctic minke whales, 50 fin whales an d 50 humpback whal es in
total by the research fleet including this vessel.
However, it is authorized totake up to935 Antarctic minke whales. if it is
so required for the puxpose to implement th e research . Dwarf minke
whales are excluded from the resean:b.
7 Research area :
Designated as the waters south of 60 S, east of 35 E, west. of 145 W,
excluding t.he 200 mile zones of foreign countries .
8 Duran on ofvalidity of this permit :
From December 2. 2010 toMarchi 31, 2011
61 9 Terms and conditions:
(1) It shall be prohibitedto take cetacean species other than those prescribed in
paragraph 6 or to exceed the number of take pre9Cribed in paragraph 6.
(2) Any whales taken under this permit shall so far as practicab le be processed
after the observatio n and collection of samples.
(3) Results of the research shall be reported to the Minister oi Agriculture,
Forestry and .Fisheries immediately upon the completion of operatio n of the
research .
(4)Accounting report regarding the research shall be submitted tc the ~finis oter
Agriculture , Forestry and Fisheries immediately upon the completion of
operation of the research..
(5) The cold grell1lde harpoon shall not be used unless it is permitted by the
Director -General of the Fisheries Agency asneces. fo~ the implementation
of research and unless it is used as the second harpoon in order to shorten
the time to death of the whale which was struck by the explosive grenade
harpoon.
(6) Rifles on board shaD be used only for the purpose of shortening the time ro
death of whales .
rufles shall be used as the main secondary killing techniqu e unless
difficulties arise with riDes or bunters .
(7) This permit shaD be placed on board the \'essel during the operation of the
research .
(8) The flagspecifiedin form No.4 ofthe notification dated.Augu..• 15th. 1950 (ref.
No. 25-SillGY0-3646) shall be displayed on the vessel
(9) Enforcement officials. or person(s} who have re..-ponsibility for the research
shall beon board the vessel
(10)It shall be prohibited to refuse fisherie s inspecl<>be on board the vessel
(11) Damage toother fisheries caused by the operati on shall be compensa ted in
consultation with the parti es concerned.
(12) The bearer or the permit shall not refuse th e presentatio n of repon which is
required for the purpose of coordinating this operation "';th other fishing
operations.
(13) The research shall be imple emnt~ dUo..ng the .guidance and supervision by
the Director -General of the Fisheries Agency.
(14) This permit could be withdrawn if vioJation w these terms and conditiOilS be
observed.
(15) The :\finister of Agriculture, Forestry and Fisheries may, at any time , change
the terms and ronditions of this permit. Such changes must be followed by
the bearer of this permit.
(16) DNA analysis that is necessary for DNA registration shall be conducted for
each whale taken .
~ote T:ill documenis a.unofficial trand.auo.o for the puofothe {nternuclo:l&lWhaling
Commisslon. l'bP orieinnl pumil in Japllll l~nguagelS theO!ll<dicial vprs1oof thls
permit.
62 Special Permit
Permit No.22-SUIKA.,.'.J I n 1
Dated November 29 .2010
Issued toThe Institute of Cetacean Research
Director:M.r•.MinoruMORIMOTO
Address: 4-5,Toyomi-cho.Cbuo-ku.Tokyo, Japan
Issued by:1{r.MichilulmKANO. Minister ofAgric:ulture. Forestry and Fisheries
This permit authorizes the implemenbation of the research take of
Antarctic minke whales, fin whales and humpb a(:k whales for scientific purposes
in the Antarctic Ocean.
1 Purpose of research :
Research of wba.le stooks in the Southern Hemisphere
2 Method of research :
Heselll'Chtake using grenade harpoons
3 Vessel used and gross tonnage:
Yushin-maro (720.00GT)
4 Research base(Th e permitted vessel belongs to) :
Nisshin-maro (8,044-00GT)
5 Owner of the Vessel :
KyodoSen pa.ku LTD.
6 Species and number of whales to be taken for research;
850 Antarctic minke whales, 50 fin whales and 50 humpback whales in
total by the research Deet including this \';essel.
However, it is authorizedtotake up to 93ti Antarctic min.ke whales. if it is
so required for the purpose to implement th e research . Dwarf mioke
whales are excluded from the research .
7Research area :
Designated as the waters south of 60 S, east of 35 E. west.of 145 W,
excluding the 200 mUez.onesof foreign countries .
8 Durution of validity of this permi t :
From December 2. 2010 to Marchi 31. 201 L
63 9 Terms and conditions :
(1) It shall beprohibited to take cetacean species other than those prescribed in
paragraph 6 or to exceed the number oftake prescribed in paragraph 6.
(2) Any whales taken under this permit shall so far lUipracticable be processed
a.fteTthe observati on and collection of sa mples.
(3) Results of the research shall be reported to the Ministe r of Agriculture ,
Forestry and Fisheri es immediatel y upon the completion of operati on of the
research.
(4) Attounting report regarding the research shall be submitted tothe Mi.nLc:teorf
AgricuJture. Fo re.:.-try and Fisheri es immediately upon the completion of
operati on ofthe research.
(5) The cold grenade harpoon shall not be used unless it is permitted by the
Director -eneral of the Fisheri es Agency as necessary for the implementati on
of research and unJess it is used as the second harpoon in order to shorten
the time to death of the whale which was struck by the e.'<]o )lsive grenade
harpoon.
(6) Rifles on board shall be used only for the purpose of shortening the time to
death of whales.
Rifles sh.a.U be used as the main secondary killing technique unless
difficuJties arise with rifles or bunter s.
(7)This permit shall be placed on board the vessel during the operation of the
research.
(8}The flag specified in fonn No.4 o{the notification dat¢ Aagust 15th. 1950 (ref.
No. 25-SUIGY0-3645) shall be displayed on the vesseL
(9) Enforcement officials, or person(s) who have responsibility for the research
shaD beon beard the vessel.
(10) It shall be prohibited torefuse fisheries inspec1or tobe on board the vessel
(11) Damage tD other fisheries caused by the operation shall be compensated in
consultation with the parties concerned.
(12) The bearer of the permit shall not refuse the presentation of report which is
required for the purpose of coordinaling this operation with other fishing
operations .
(13) The research shall be implemented followig the guidance and supervision by
the Director -General of the Fl'Sheries Agency.
(14) This permit. could be withdrawn if violation to these terms and conditions be
observed .
(15)The Minister ofAgriculture, Forestry and Fisherie s may. at any time. change
the terms and conditions of this permit. Such changes must be followed by
the bearer of this permit.
(16) DNA analysis that is necessary for DNA registration shall be conducted for
each whale taken.
~CII TA!s:document u an uno fficial tTanslauon for the pur-posU oilntem anonal \\'haling
Comm.is.Don. The c;rigina.l penminthe Ja panese language1.the only officiv~rSJ o! !!us
permit..
64 Special Permit
Permit No.22-SUIKA. ~.-1 S??
Dated Novembe.r 29,2010
[ssued to: The Institute of Cetacean Research
Director.Mr.. inoru MORIMOTO
Address : 4-,'lbyomi-cho,Chuo-ku,'lbkyo.Japan
Issued bT.Mr. Michihiko KANO, Minister ofAgriculture , Forestry and Flsheries
This permit authorizes lhe implementatio n of th e research take of
Antarctic m.inke whales, fin whale s and humpb ack whales far scientific purposes
in tbeAnnueticOCe~
1 Purpose of research :
Reseatth of whale stocksin the Southern Hemisphere
2 Method of research:
Research take u.sing grenade harpoons
3 Vessel used and gross tonnage :
Yusbin-maru No.2 (747.00GT)
4 Research base (The permitted vessel belongs to):
Nissbin-maru {8,044.00GT)
5 Owner of the Vessel :
Kyodo Senpaku LTD.
6 Species aod number of whales to be taken for research:
850 Antarctic minke whales, 50 fin whales and 50 humpback wbaJes in
total by the research Oeet including this vessel.
Howeve r, it is authorized to tup to 935 Antarcti c mink e whales, if it is
so required for the purpose to implement the researc h. Dwarf minke
whales are excluded from the research.
7 Research area :
Designated as the waters south of 60 S, east of 35 E. west of 145 W.
excluding the 200 mile zones of foteign countries.
8 Dura tionofvalidity ofthis permit:
From December 2, 2010 to M.a.rchi 31. 2011
65 9 Thrmsand oonditions:
(1)It shall be prohibitedto take cetacean species other than those prescribed in
Pll.J"8.8r86 ortoexceed the number of take prescribed in paragraph 6.
(2) Any whales taken under this permit shall so far as pra cticable be processed
after the observation and oollection of samples .
(3) Results of the researc h shall be reported to the ~fi inter of Agricu1ture,
Forestry and Fisheries immediately upon the completion of operation of the
research .
(4)Accounting repon regarding the research shall be submitted tothe Minister of
Agriculture, Forestry and Fisheries immediately upon the completion of
operation of the research..
(5) The cold grenade harpoon shall not be used unJess it is permitted by the
Direct~r-G enteerFilheries Agency as necessary for the implementation
of research and unless it is used as the second harpoon in order toshorten
the time to death of the whale wb.ich was struck by the explosive grenade
harpoon .
(6) RUles on board shall be used only for the purpose of shortening the time to
death of whales .
Rilles shall be used as the main secondary killing technique unless
difficultiesise with riOes or hunters .
(7)This permit shall be placed on board the vessel during the operation of the
research.
(8)The Qag specified in form No.4 of the notification dated August 15th. 1950 (ref.
No.25-SUIGY0-3 h.all)e displayed on the vessel.
(9) Enforcement officials. or person(s) who have responsibility for the research
sha ll be on board the vessel
(10) It shaDbe prohibitedtorefus e fisheries inspector to be on board t\'e3Sel.
(11)Damage to other fisheries caused by the operation shall be oompensated in
consultation with the parties concerned.
(12)The beare r of the permit shall not refuse the presentati of report which is
reqai.red for the purpose of coordinating this opera tion with other fishing
operations .
(13)The researcll shall be implemented follo'l\;gthe guidance and supemsion by
the Director -General of the Fisheri es Agency.
(14) This penniIcould be withdrawn if violation tOthese terms and conditions be
observed.
(15)The Minister of Agriculture, Forestry and Fisheries may, at any time, change
the terms and conditions of this permit .Such changes must be foUowed by
the bearer ofthis permit .
(16) DNA analysi s that isnecessary for DNA registration shall be conducted for
each whale taken .
~O'. Lhis documect i&tlu.oofficiaJ cransla tionp~trlhl' oitheln~.matoina]Wba.hc~
Ccmmiuton. The ongmal pi'mut in the Japan ese la:ngwsge ts the only\'E'I"o( this
pnm!L
66 Special Permit
Permit No.22·SUTKAN· I> 7 ?
Dated ~ov ember 29,2010
lssued to: The Institute of Cetacean Research
DirectorMr~oru MORIMOTO
Address : 4-S,To:romi-cho.Cbuo-ku, Tokyo,Japan
Issued by: Mr.Michihiko KANO, Minister ofAgriculture, Forestry and Fisheries
This permit authorizes the imp leme ntntion of the research take of
Antarctic minke whales, fin whales and bumpbac:k whaJes Cor scien tific purposes
in the Antarctic <kean.
1 Purpose of research :
Research of whale stocksin the Southern ll:lemispbere
2 Method of research:
Research take using grenade harpoons
3 Vessel used and gross tonnage :
Yush.in-maru ~o.3 (742.00GT)
4 Research base(The permitted \'essel belongto) :
Nisshin -maru (8,044.00GT)
5 Owner of the Vessel :
Kyodo Senpaku LTD.·
6 Species and number ofwhales to be taken for research ;
850 Antarctic minke whales, 50 fin whales and 50 humpback whales in
tota l by the research fleet including this v•esseL
Ho\\·ever,it is authorize d t.otaketo93fi Antarctic minke whales, if it is
so required for the parpose to implem ernt the research . Dwarf mi.n.ke
whale s are excluded from the research .
7 Research area :
Designated as the waters south of 60 S. east of 35 E. west of 145 W.
excluding the 200 mile zones of foreign countries .
8 Duration ofvali· dofthis permit :
From December 2.2010 to Marchi 31. 2011
67 9 Terms and conditions:
(1)It shall be prohibited to take cetacean species other than those prescribed in
paragraph 6 or to e~ce hed number of take prescribed in paragraph 6.
(2) Any whales taken under this permit sb.all so far as practicable be processed
after the observation and collection of samp les.
(3) Results of the research shall be reported to the ~fit neirsf Agriculture ,
Forestry and Fisheries immediately upon the completion of operation of the
~h.
(4)Accounting report regarding the research shall be submitted to the Minister of
Agriculture, Forestry and Fisheri es immediately upon the completion of
operation of the research.
(5) The cold grenade harpoon shall not be used unless it is permitted b}• the
Director-General of the Fisheries Agency as necessary for the imple .mentarion
of research and unless it is used as the second harpoon in order to shorten
the time to death of the whale which was struck by the explosive grenade
harpoon .
(6) Rifles on board shall be u;;ed only for the purpose of shortening the time to
death of whales .
Rifles shall be used as the main secondary killing technique unles:
difficulties arise with rilles or hunters.
(7)This permit shall be placed on board the vesse l during the operation of the
research .
(8)The flag specified in form No.4 of the notification dated August 15th, 1950 (ref.
No. 25-SUIGY0-3645) sh.all be displayed on the -.·essel
(9) Enforcement officials; or person(s) who have respoo.sibility for the research
shall beon board the vessel.
(10) It shall be prohibited to refuse fisheries inspetoobe on board the vessel
(11) Damage to other fisheries caused by the operation shall be compensated in
consultation with the parties concerned .
(12)The bearer of the permit shall not refuse the presentation of report which is
required for the purpose of coordinating this operation with othe r fishing
operations.
(13) The research sjlaii be implemented follow1g the guidance and supen.-isionby
the Director -General of the Fisheries Agency.
(14)This permit could be withdrawn i! violation to these terms and conditions be
observed.
(15)The Minister of Agriculture, Forestry and Fisheries may, at any time , change
the terms and conditions ofthis permit. Such changes must be followed by
the bearer of thispermiL
(16) DNA analysis that is necessary for DNA registratio n shall be conducted for
each whale taken _
Note: Tlll.lldocument is an WlOflio.aluanslationpllrJlOSor the lntemariona.l Whaling
Olcnrnis.ri<m The origipamit in the Japanese language is ilie only oiflcllll ve.rsit\:1of tlm
permit .
68Annex 88: Government of Japan, National Diet Debates, House of Councillors -
Budget Committee - No. 10, 17 March 1982 [excerpt]
96- House ofCnund llors
Budl'!e1Cmmittee - No. 10
17.March 1982
Speaker: 22/360 Search TennFonv:~rd /Bac
Spt:aker Information
Speaker Affiliation Title Role
lk.-uoIto Democratic Socialist
PartIKolmmin Reng_o
Nl.rUcuItoCommillce Member:
So.l~h: st;:tt: numbt:rs, w~re hearing reports w~a:lylherson~art: going as far
as vole-buying. thei- whali.ng nations arc buying votes and getting other countries to
become members of the 1WC. The upshot ofUus is tlwt at the Special Mect.ing scheduled to
be helcl in Brighton on 24°'and 25 this month and mu~tMleetingu1July. as you
havejust poinh:d ow~'ernow in tht:situation where the anti-whalinJCcounl for
more than to-thirds of the IWC. Pretty much, I'd say that lilt: way ahead look_.;rather
grim.. htpan's whaling industry. which once possessed sew n whaling factory ships. now
has butone. 'tc idustry ltas been slu·inking and shriI'd like to \cam from the
Prime Minister as to what the Government's basic position on the whaling industry is- that
is. whel11er ll1eGovernment intends to develop the industry or whether it sees it as being
out ofils hands?
96-Tiou se of Counci llors
Bud£el Comm ittee - No. 10
17March 1982
Speaker : 23/360 Search Tenn : Forward/Back
Spe:tker Jnfonnation
Spe;tker Affiliation Title Role
Zenko Suzuki Libera] Democratic Prime Minister
Party
Mr Zenko Suzuki, State Minister:
J;tpan·s whaling industry has an extremely long history and it also occupies an imporun t
placein the Japanese diet. As Mr Ito has just mentioned, and e Minister for
Agricultur~oresrl and Fisheries also stated in his reply, lately we have seen, t:trgeting
whaling. the anti-whaling ment driven by environmental protectio n organisations and
other groups grow larger and larger worlA~part of this trend, and as we have jus1
hear. many countries. mcluding land-locked countries that have notltittg to do with
\\haling. have become members of Lhelntem.1tional Whaling Commissio n. Whether or not
you·d describe it as environmental protection. they're taking ansliem~builtng
on emotion-based arguments, and trying to force through these unscientific policies. Ylost
recently. the l\VC's Scientific Committee has clearly proven scientifically that. to lite
conlr.try. with the currenll we l of restrictions itt place. afier several years or a decade, U1e
stockswilactually incrt:ase beyond ilieir current levds and stabilise Lhere. Despite this.
they arcaying no atlent[tothe scien1and are trvingus~t:eir numben; Lolead the
69 IWC in the direction of a han on whaling. The situation is truly regtettahle.
At the heart of it, I see the problem as lying in the actual set-up of the International
Whaling Commission , w. itl1its very make-up. But even were we to quickly take this up this
issue it wouldn't go anywhere towards resolving it That's why, asmuch as we can, we're
also reaching out to the other whaling countries and commun icating laterally wit11each
other to make sure tlut a rational result is reached firmly from the position of natural
resources tbemy. and we"rcpushing t·o ltave the con·cct views accepted by the JntemalioJlal
Whaling Commission . We're also pushing ahead with pro-active diplomacy aimed at the
non-whaling member nations , including thr ough a range of public relations cffo11s.
'l1JeGovenune nt intends to place even gre.1tcr efforts thanilhas to date into the protection
and growth of the whaling industry into the future.
70 96-~ -T'JJ~~ ~10%
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72Annex 89: Government of Japan, National Diet Debates, House of Representatives -
Agriculture, Forestry and Fisheries Committee - No. 24, 4August
1982 [excerpts]
96- House of Repr e<~entatives
A!!ricultur e, Forestry & Fisheries Co mmittee - No. 24
-AuL,rustl982
Speaker:921277 Searc h Tenn: Previous /Next
Spt:aker Information
Speaker Aftiliation Title Role
Akira l\latsuura Director-Genernl. Japan
Fisheries A_necv
Mr Matsuura. Government Delegate:
ln terms of our dealings with the UniStatesthe fact is that whwe saw the outcome of
last year's Annual Meeting we certaittly felt a sense or crisis, and with th:1t in mind. we
re11chedout seveml times to the Americ.1os and held a range of conve rsations w1illtl1em
the ofTicialeveI. IIowevt:r. the backgro und lo $ec.:mcdto be t<t fo!ht:Ame;;ricans
the moratorium is a key national policy. and bnsed on that they took the position of
supporting tl1;or<~tor oi um soccasion too.
As :m i.ssu<~enl1of us. however . there's clearly a need to do morr~1c:i:nout and
seeking understanding forur position and that's also with regard to the countn es that have
s hiHed thcir support towards the moratorium . As part of iliis, and. in particular , with n:gard
to tl1e United State. • we also have our fisheries relationships which we have cultivated over
a long period to date. and, in recent times. tltrough joint ventures and tlte like. these
ftShcrics relationships have become evclocr Itwill be extreme ly importantseek the
understandin gfthe United States with regard to issues like continwitbour whaling
and nontlalisingthe IWC while also maintaining these cxcc Ucot fisheries relationship . l
think itwillalso be important to seck tl1esame kofdundcrst<mding fromothercountries
as well Partic ularly conceminthe US, tl1cris the huge problem ofthe Pacl,-wood
Magtluson Amendment. In tactlvlrInoue. the Ileaof the far Seaf isheries Divisiois
currently visiting theUS to negotiate revts1ons to the Japan-United Stntes fisheJy
Agreement. and I have a short wh ile ago given him instmctions to e11gage it1 various
discussio ns wiU1his counterparts about the whaissueaswell.
[...j
96- House ofRepr esenta tives
Agriculture , Forest &yFisheril's Co mmilt eeNo. 2-t
4 August 1982
Speaker: 109/277 Searc h Term: Previous /Next
~eake rntonna tion
Speake r Aftiliatioo T1tlc Role
I 1 1
Ichirollino I Japan Socialist Party I 1
Mr Hino. Co mmittee Member:
After the internationa l meetconcd leu~I took a owtding of tl1eview of the people in
ilie industry as\ll :1s tht: workinthe relevant sectors.
Even though there would bt: a
iliree-ycar grnce period, all of them were verycerned.. \nd they all ·aid exactly the
same thin!which was that theywen ~olon~ !ble tdo any other kind of work. In other
73 words, the equipment al1ldtechnologies used for whaling cannot be readily applied to other
uses. io a man,theyall said that continuing with whaling was all they had left. They even
went as far asto tell me that were they to lose their means of earning a Jiving through
wbaling, then they WOI! have no means of sUJvivaL 1 certainly hope that you are prepared
to give adequatansw~ s:to these people. How about it? If it would be possihle, l would
be grateful if the Ministtcrhimself would respond.
96- HQuse ofRcpn-sc ntatives
Agric.ulture , Forc.stry & Fisheries Committe e- No. 24
4 August 1982
Speaker: 110/277 Search Term: PreviousNext
Speaker Infotmation
Speaker Affiliation Title Role
Kichlro Tazawa Liberal Democratic Nlinister for Agriculture,
Party Forestry and Fisheries
Minister 'l'azawa
in fact, vety much along the lines of tplanation given by the Director-General of the
FislJeries Agency. following the Annual Meeting l met with Prime Minister Suzuki and l
have been intonn ed of a range of views about strategies for dealing with the issue fi·om
here on.ltis the Prime Minister's view tl1atprecisely since tlte problems f.1cingwhaling in
Japan arc so e:-.r1emcl.y significant, and as there are so many people who arc reliant
primarily on this indlllStry tor their livclilwod.• we must actively conti.t1atlo build
environment wheJ'e whaling can be practiced. The Prime ~Minist tod me that the
problem, of com'Se, is that unless we pursue relations with the United States harmoniously ,
we will be inst.eacllaying down fue basis for future problems, and so we had to be careful of
that;bu~ fuat said. he was of the view that we ought to push harder ahead with a response
on whaling that was even more forward-leaning thnn to dalA.nd so, for my pnrt too,
sine<::Utere are people who are unable to gelels~::w ihehr1ishing industry other
than inwh<~li an g,u have pointed oul. I intend to n:double efforts in actively dealing
with U1ewhaling problem and to live up to the expectat ions which have been placed upon
me.
74 96- ~-Jut~i*ttA~-24 -ij-
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76Annex 90: Government of Japan, National Diet Debates, House of
Representatives -Agriculture, Forestry and Fisheries
Committee - No. 2, 11 October 1983 [excerpt]
100- House ofRepresentaJives
AgricultUI·e, Forestr& Fisheries Comrnit1ee- No.:!
11 October 1983
Speaker: 411163 Search Tcnn: Forward/Back
Spe;1ker Information
Soeaker AffiliatioJI Title Role
Fumio Watan<1be Director-Genen1l,
fisheries Agency
tvirWatanabe, Governmen tDelegate: I will respond .
1\s has just been mentioned , at last year's IWC, a decision was taken t<1total ban
on commercia l whaling with a grace period of tru·ee years. Japan bas filed an objection to
this decision. At the Lime, then Minister for Agricullure, Forestry and Fisheries, Mr
Tazawa, issued a statement, as has just been indicated. ln summary , this statemen t said
that we have another three yenrs, wiU1this year being the second, <md,with one more time
next year, so that, if we accept tllis decision , next year would be the frnal year that we can
do comercial whaling. Our basic position is that this moratorium has no basis in science .
T hat's our basic view. What's more, should it come to pass that Japan 's whaling industry
would be finished by this, being mindful of the peOjJiewho work directly in whaling and
the large number ofpeo]Jle who work in related industries, we'll contopoint out the
lack of rationality behind the moratorium decision and, our basic position at present is
that during the roughly two years w1tilthe decision comes into effect the Governme nt will
make the utmost efforts to obtain1cunderstandin g of the counb·ies concerned to ensure
that our whaling can continue in some form or another.
100- House ofRepn~sei vtest
Agrkulture, Forestry & Fisheril>sCommittt· N~o.2-
1l October I983
Speaker: 42/163 Search Tenn : Forward/Back
Speake rInformation
Speilker I Affiliation I Tille I Role
Tatsuo Shinmori IJapan Socialist PartI
I
fv1rShimnori, CommiUee Member:
Minister, followi ng thTswould be very grateful lbr your views. Given the resull - this
moratorium - which 1s a resolution to ban commercial whaling , if T'm com::ct, then
Japan 's positions that we won 't be able to ignore international opinion, will we? We're
being targeted by a range of messages such as ''you must ban whaling" and «Japan is a
barbaric country''and so on. That said, the fact is there are people who are making a
liv'g ftom it. and whose lives and livelihoods depend on it. What exactly will these
people do should it come to pass that whaling is banned? Our research shows tl1at there
arc seven whaling cntet11riscs. including botl1 large-scale and small-scale whalers and
coastal whalers , which employ some 1,500 people.11 He are also around 3.600 people
worldng inas many as ten enterprise s. Obviously, we must provide relief for these people.
77 RecenUy, as a retaliator y mcasun: aimed at our Jar seas trawlt:rs in thc norlhcrn Pacific,
which do on-sea purchasing of Alaskan Pollack and other !ish, the Unitedha~aput
fonvard IJ1ePackwoocli-Magnuson Amcndment \vhich would enforce a cut of100,000
tonnes to Japan's fishing allocation. They will take stringent retaliatory actions, and
should .Japancontinue commercial whaling, the United States is threatening to take away
Japan 's allocation altog:ether.
So how should we deal with this is extremely won·ying situation? Which ought we to
choo~e S?ould we choose U1ewhaling? Should we choose to have our fishing alloc<ttion
i.nAmerican waters ct or terminated? This is t11esituation and we are being required to
make a choice between these two options. Minish:r. what are your viewss? Tllis is a
casewhere we reallytlilUask Ue Minister to make a political decision. What do you say
to this, Minister?
tOO- House ofRepreseotalives
Aol'icJUlture, Fores&ryFisheries Committ ee- No.2
11 October 1983
Speaker: 43/163 Search Tenn : Forwardfl:3ack
Speaker Information
Spcaker Affiliation Title Role
Iwa:wKaneko Liberal Dcmocralic Minister for
Party Agriculture, Forestry
and fisheries
Mr Kaneko, State Minister:
Japan catches around il.2 to 1.3 millim1tonncs of fisb within America•s coastal waters,
and most of this iAl:~s kolnck. Aitd, irm right, yow·'luestion was, ought we to
take those fish or ought we let go of the whale<>?1 say that we take both of them. Wc
will certainly not write off whaling; we're now at the point where tltis is practically
turning into an international relations issue ovagriomlluc ~rlducts. Taking the
fisherics issucs parti•:;ular,Japan's fishing vessels operate in the coastal waters of seven
or eight different countries that we have lo deal with. It's myl-informed view,
tl1erefore,a{we should engage more confidently in our fisherics diplomacy, and it's
wiili that in mind that we are continuing with persistence with our talks on whaling, nnd
irs my belief tl1atwe will be atoget tJ1eAmericans to see our point of viewmySo
view is IJlat we will continue to persist in our negotiatjon$, and iliat we don't have any
intentiono abandon eillhero ne or the other.
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80Annex 91: Government of Japan, National Diet Debates, House of
Representatives - ForeignAffairs Committee - No. 18,
1August 1984 [excerpt]
101- Hou se of Rcprc sm tati vcs
Forcion Affairs Com mittee - No. 18
l August 1984
1
Spc~k: c143 196 Seat'Chcnn : Forward /Back
Speaker Tnfom1:1lion
Speaker Affiliation Title Role
Katsu Kawam ura Democ ratic Socialist Party
I Kol-.,1minRengo
rv1Kawamura , Committee Member:
I beliew U1alody<·we·ve had some people from the f-isheries Ag<~ll ennIlust
saw in th~imorning's newspaper that a private advisory body of the Fisheries Agency
Oin:clor-Ge neral called the WhT~;us Study Group has !iUbmilled a report., the intent
oi'which isome,vhat unclear,.saying that Japan should make the sw itch from commercial
whaling lo scientific whaling , that is, it would catch only the number of whales needed for
the research , and, at the very same time, the whales that were caught would be also be sold,
purchasedand eaten.Right now, at a time when we won't be able to achieve any kind of
hre:~kth rnessgwe go and file an objection and keep our hands free. it seems to me,
just going from the newspaper article on it, that what"s emerged is somet hing that looks
pretty much like a surrender. Just what arc they thinking '!
101-IIo use of Rep resentati ves
Fore i!!n Affai rs Co mmittt't'- No. 18
1 August I984
Spt:akt:r: l4-Vl96 Starch Term: Forw;Jrd/Dack
Speaker Infonnat ion
Speaker A.!Iiliation T iUe Rolt:
Kciichi Nakajima Head, Ocean Fisheies
Departme nt, Fisheries Agency
Mr Nakaj ima, Briefing Officer:
Twill respond.
The Whaling Issus Study Group was actually commissioned by Dircctorc ncrlaof
the Fisheries Agency in Octobe r last year to deliberate on the preferred directions for the
futuref .Iapan's whaling. 'l11cwhaling issue encompasses a very broad 1'3nge of issues. so
the sh1dy group was set by bringing together exper ienced and knowledgeable people
from various sectors to consitfi·om a broad range of perspectives. The study group
subsequentlymet on seven occasions and compiled a rcpottitled.P rcfetTcd Future
Di••cetions for Japan 's Whaling,'' which was delive red to the I.Jircctor-Gcncral yesterday .
The report calls one Govenunent to step up its cffor1s to ensure the continuation of
whaling. staling that there is no reason for Japan to give up \\ haling. ll bases its conclusion
on thefactthat undt:r the Convention, the IWC decision to invoke the moratorium on
commercial whaling is invalid, for reasons such as: the lack of any scientific basis to the
decision: whaling·s long historv in J:Jpanese cuJinary practices; the importance of whaling
81 to specific regional communities and the people involved in the industry; and, the need for
stock surveys.
However, given the severity of the cun·ent international environment, in which countries
seeking the prohibition of commercial whaling hold the majority and tl1e United States is
taking a hard-line approach towards Japan by linking the whali ng issue to the issue of
.Iapan's fishing allocations in the United States· 200-nautical mile zone in the northern sea
areas, the roport recommends that the Govemmc nt consider. as policies to contirruc
whaling after the moratorium comes into effect, fll'stly, for Antarctic whaling , conducting
scientific sUJvey whaling with the objective being to do stock sutveys , and seeking
Ultderstanding for this from tlte couies concerned , altd tor coastal whaling, seeking the
understaudirlg of tl1e countties concerned of tlte fact that whaling is essential to the
livelihoods of people in regional communities from social. economic and cultural
perspec tis.
The Fisheries Agency'!; view is that tb.istepotthas given us valuable recommendations for
future solutions in th extremely challenging international environment. Our intentiisto
use the report as a reH:rence and. through discussions with the United States. wi\h~icb
links are particularl y close, .and the otl1er major concemed countries, to make our utmost
efforts to ensure that our whaling will he able to continue both in the Antarctic and coastal
whaling, in somefom1 or anotl1er.
101- House of Re p1·esentatives
Foreian Affair s Committee- No. 18
1 Au~r su1984
Speaker: 145/196 Search Term: Forward/Hack
Speake rlnfotmat ion
Speaker Affiliation Title Role
Katsu Kawamura Democratic Socialist Patty
IKokumin Rengo
Mr Kawamun1, Committ ee i\l[ember:
In ll1alcase, the contours of it would be that we had terminated commercial wlutling. and.
with that k.ind of shape to it, were we to then negotiate with the United Stabecause it
appears that U1e US itself seems to think U1althe lWC is heading to extremes the
n<::gotiations may geto a conclusion, and if that were to happen , we-d catch tht: usual
number for research and then channel them toward the usual usage purposes as always. Is
that how you*re thinking?
82 101- House of Rcprcs<>n tati vcs
For eion Affai rs Co mmitt ee - No.18
I August 1984
Spc.al..cr: 146 196 Search Tcnn : Forward/Back
Sneaker Infom1ation
Speaker Affiliation Title Role
Keiichi N ak-jim a Head. Marine Fisheries
Depattmcnt, fisheries Agencv
Mr Nakajima, Briefmg Officer:
The Japanese Government filt:d an objection to the commercia l whaling mor<1otrium two
years ago with the objective of reserving J<splln 's position , and U1atposition remains
unchanged tc>day. However, as is noted in d1e report, it illall tied up with northern Pacific
fishing, and tl1e whaling issue is a very emotional one. and from those perspectives, it is an
exceedingly difficult problem. fn this e..1'..remely severe intemati onal environment,. we
intend to make our utmost efforts to ensure ilie continuation of whaling in some form or
another, so we will, in the fi_rstinstance, discuss e i$sue carefully with the United States
and negotiate strongly to seek their understandin g of Japan 's position.
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86Annex 92: Government of Japan, National Diet Debates, House of
Representatives -Agriculture, Forestry and Fisheries
Committee - No. 27, 2August 1984 [excerpts]
101- House of Representativ es
Ae.ricultur e, Forestr y & Fisherie-sCommilt cc- No.27
2 AURUSl1984
Speaker: 210/342 SearchTem1: ForwiiJ•diBack
Speaker lnfonnati on
Speaker Affiliation Title Role
K.azuo Takeda Komeito I Kok"Ulllin
Reneo
Mr Takeda, C<J mittee Member:
I'd like you lo give us a dear responis one.1
With regard to the whaling problem, I'd like thehlhugh~lof the Fisheries Agency
aboutwhat to do about the future of Japan·s whaling industry.t newRpaper article
reported that a Whaling lssues Study Group, apparently a private advisory group of the
Fisheries Agency Director-General, has given advice along the lines that it also helieves
that Japan should cease commercial whaling in the Antarctic Ocean and maintain whaling
activities for the pu.,oses of researching whale stocks.rticle thentta.that it
appeal's that there is an inclination towards a reversal of the long-declared position of
continuing with commercia] whaling without being bound by the decisions of the IWC
the International Whaling Commission .articlef this kind is of some concern, and so
I'd like to hear your opinion on these points as well.
101- House ofR epresentati ves
A~rc iulrteuForestry & Fisheries Committee- No. 27
2 August 19S4
Speaker:2111342 Search Term: Forward/l3ack
Speaker lnfonnation
Speaker Alll liation Title Role
IIirya Sano Director-Genen. L
Fisheries Agen
Mr Sano. GovernmentDe egat~
I will respond.
'L1e1 fact is that the international situation surrounding Japan·s whaling bas seen some
extremely harsh decisions taken. including the decision made at twual Meeting
two years ago to invoke the moratorium on commercial whaling. and. nuthq ·, at this ycar·s
lWC meeting. major cuts were made to catch quotas.
So tltc view of tl1e Fisheries ,\gcncy is that. given these circumstances. and having taken
them into account. we will use as a reference tl1e valuable opinions e-xpressed in the
Whaling Issues Study Group report which we received recently, and, through holding
consultations wi the United States and the other major concerned nations, we will make
our utmosteff ro~to ensure tl1.atJapan ·s whaling is able to continue in some foml or
another.
87 In response lo your qutestion, I'd like lo explain briefly the nature of the report of Ute
Whaling Issues Study GroupPutsimp ~ev,sence of UteGroup's report may, I believe,
be summarised intoulfkey points.
The first is that it provides thees~m hattthe IWC·s decision to invoke the
moratorium on commercia l whaling has no scientific basis since it ignores the relevant
stock situation of each different whale species and different whale populations, and that it
is irrational in view of the basic spirit of the lntemational Whaling Convention, which is
for the effective utilisaiion of whale resources.
The second is that, regardless of the above, the situation surrounding whaling is tbat the
anti-whaling nations. whichort a total han on commercial whaling, already account for
a more than three-quarters majority of the lnternational Wltaling Commission. Moreover,
the United States Government has created a link between Utewhaling issue and the fishing
quotasitallocates to .Iapan witltin the United States' 200 nautical mile zone in the not'thern
Pacific Ocean and it i:gprcssuri11gJapan strongly to witltdraw our objection. 'l11c report
shows that the Study Group recognises that the issue is under these extremely difficult
objectivcirumstae n~cThis is the second point.
Having given consideration to the two issues just coveconsidtelinw~as given to
the preferred direction in the current environment for Japanese whaling after the
moratorium commences, the path to ensure the continuation of whaling would be, for
Southern Oceanwhaling , to position it asch whaling activity which has a scienlific
nature, and, for coastaliwhaling, to position it as whaling which is absolutely essential to
the livelihood of regional communities from the perspectives of their societies, economies
and cultures. and that t!hecontinuation of whaling ought to he planned for while we seek
the understanding oftb·e relevant countries based on these points; and that is the third point.
l1te fourth point is that, fOl'the continuation of Japanese r diplomatic e:ftorts
slwuld be concentrated on obtaining the understancting of the United States and other
nations and ens ruinthe proper functioning of the IWC. Roughly summarised, tlliS is
the essence of the repott that we received.
We would like to use iliese opinions as a reference as we consider ensurot~e::
continuation of Japane!:ie whaling.
l..j
101- House of Representatives
Agricultur e, Forestry & Fisheries Committ ee- No. 27
2 :\.ugust 1984
Speaker: 216/342 Search Term: Forward/Back
Speaker Information
Speaker I Affiliation I Title I Role
Kazuo Takeda l Komeilo I Kokumin Rengo J L
Mr Takeda, Committee Member:
Minister. this issue is extremely serious. ll1e people in t1leseamen's unions 3l'e cnf).ancditt
88what is really11vcf) traditional Japanese industry located in every region ami they have
given great support to tbeir local communities . Given U1ecircumst1ces. however. despite
tJ1eir working tremendous ly hard, they are in decline. Wilen we tlliJlk about tlte great effot1
made by tJtose desperate to uphold the industry and make a Jjving (rom it, \\hile it may
only be a small thing, I would like a renewedemphasis placed on the position held by this
very important, major traditional maritirm: industry. We must not hang out to dry the
people who have supported that industry until now amiust greathardship.
I know numerous people who have worked very hard for the major compan ies. and Utey
have no otl1erway of making a living. More than fifty percent of the workforce are in their
mid- to late forties, or almosfiftyyears of age. The core of Uu1 t workforet: would bt:
completely unable to manage other work even if they were to go out ;and s!.!k it. In that
respect.,l would ask that you use your powera~ U)e Minister to steadfastly defentl1elight
ot'the tradition. I would like to hear yow·resolve in tJ1isregard.
101- House of Representatives
Auriculturc, ForestrY& Fisheries Commilt cc - No.27
2 AU I{Ust 1984
Speaker: 217/342 Search Term: Forward/ Back
Speaker Information
Speaker Affiliati on Title Role
Shinjiro T.iheral Democratic Minister for Agriculture.
Yamamura PartyI New Liberal Forestry and Fisheries
NationalFederation
Mr Yamamura. Stale Minister :
The circumstances surrounding Japanese whaling ha ve become extremely harsh, what with
the 1982 decision to invoke the moratorium on commercial whaling and this year's drs:tic
reduction in catch limits . I actually met with peOj)le from the whaling induRtry and the
seamen's unions yesterday when they came to petition me. As the Minister for Foreign
A'f'f;lirs has said, and 11sthe Director-Genera l of the Fisheries Agency just now alsoTsaid,
intend to do my utmost to ensure that Japanese whaling continues in some form or anotllCI'.
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92Annex 93: Government of Japan, National Diet Debates, House of
Representatives -Agriculture, Forestry and Fisheries
Committee - No. 28, 7August 1984 [excerpts]
101- House of Rept·esentativ cs
Agricultur e. For estry & Fisheries Committe e- No. 28
7 Amrust 1984
Speaket·:121/377 Search 'Tcnn: Forward/Back
Speaker Infotmat ion
Speaker Aftiliation Tjtlc Role
Hlroya Sano Director-General, Fisheries
Agency
Mr Sano, GovernmenJ Delegate:
I will respond .
.~J
Be that as it may, although the IWC has already made its decision to go ahead with lhe
moratorium on commerc ial whaling, here we have recently received a valuable report from
the Study Group on Whaling Issues, whose members have expert knowledgt: and
professional experience, and we'll refer to the ideas contained in that report as we want to
continue to make persistent efforts to seek the undersllmding of the countries concerned to
ensure the continuationf Japanese whaling_
101- Ho ust>of Represt- niulh 'es
Agricu ltur e, Fnrestrv & Fis heries CommitteNo. 28
7 Au!!Usl1984
Speaker: 130/377 Search Term: Forward/Back
Sp_eakct'Infonna tion
Speaker Affiliation Title Role
Iliroya Sao Dirt:ctor-Gt:neral ,Fisheries
Agency
Mr Sano, Government Delegate:
Having received the repoti , we are currently i:nthe proce:s!!of considering our policies for
dealing wiU1whaling in Ue future, and we haven't ytlt reached !btlstage oftaking any
position about wat we will or won't give Up. Howe ver, we do bt:lieve that the proposals
in the study group's report to which l have referrt::dwill berecom~blmndatio frs
ensuring tl1econtinuation of whaliIller the moratorium has comt: into effecL
[...j
93 101- House or Rc.-prcscntati vcs
Agricllllture, Fo rc.s&r Fisheries Committe e-No. 28
7 Augu~ t984
Speal.-er1341377 Search Te:tm: ForwaJ·d!Back
Speake J•lnforma tian
Spt:akt:r AfYiilation Tillt: Role
Hiroya Sano Director-General , Fisheries
Agency
Mr Sano, Government ·Delegate :
It's our viewtl1athe most fundamental point is how Japan 's whal ing activities will be
interpreted hy the Americans in connec tion wi th American domestic laws, as l mentioned
earlier , and the proble ms that could arise fo llowing the app lication of those l.aws. In
regard to these point1.believe that the ideas incorpora ted in the Study Group's report
contain some ve ry imp,)rtant recommendatio ns for explo ring solutiontl1cscproblems
tl1at would he acccptabllc to both sides.
HJl - House of Rcpr escut:a1ives
Al!t'icnltu t•e, Fo restt·v & Fisheries Com mitt ee - No. 28
7 August 1984
Speaker: 138/377 Search Term: Forwa.rd/Back
Speake r Information
Speaker Afti.Iiation Title Role
Shinjiro Yamamura !Liberal Democratic Nfinister for
I!Jarty I New Liberal Agriculture , Forestry
]National Federation a11dFisheries
l\.Yamam ura, Statt: Nfinister:
I belive that to datih1 ~ inistryof Agriculture, Forestry and Fisheries has done
everything possible , and we wilLcontin m: to make our utmost dforts , to ensure U1al
Japanese whaling can c.ontinue in some form or another into the future.
94 101~-J#IJf<li~~~ -28
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96Annex 94: Government of Japan, National Diet Debates, House of Councillors -
Agriculture, Forestry and Fisheries Committee / Closed - No. 1,
4 September 1984 [excerpt]
101- House of Co uncillors
Agr icultur e, Forestr & Fisheries Commitf re IClosed - No. 1
4 Septemht!r 1984
Speaker :lOS 194 Search Term: Fotwa rdll3ack
Sneaker Tnfom1ation
Speaker Affiliation Title Role
Teiko Karila Komeito ICitizens·
Comzress
Ms Teiko Karita , Committe e Member:
You mentioned Uu1 !,.in ilie course of tl1e talks. you failed to re11ch ugreement t Ueu
preferre ddirectionsfor whalin g aller tl1emoratorium. From a variety of information
sources , it seems th;1l, after the total ban on commercial whaling was put forward, the
Fisher ies Ag(.-ncy came to hold the view that Japan should also shift from commercial
whaling to scientinc whaling. Did you explain to the Americans the propose d form that the
scientific whaling would take?
101- House of Coun cillor!!
At!ril-uhun•, Fo restn & Fisht!rics Co mmitt eeIClosed - No. 1
4 September 1984
Speaker : 106/194 Search Term: Forward ,Back
Speaker Information
Speaker AffiJiation Title Role
Hiroyn Sano Director-General, Fisheries
Agency
lvlrIliroya Sano, Briefmg Officer:
With regard to the {irst part,we nave not mad~ any decision to abandon commercial
whaling and sw itch to sc.ientific whaling. As you are aware, Japan has lodged an objection
to the moratorium on commercial whaling and that objec tion is still current.
At the time when we held the talks with the American s the other day. we h:td the report
submitted by the Whaling Issues Study Group which recommends the ide-.tof undertaking
the continuation of wha ling activities in ilie form of research, given Ute difticultics of
challenging lhe commcrciaJ whaling moratorium head-on. as you have indicated. \Vc
exp lained ti1is thinking of the Whaling Issues Study Group theAmCl·icans to gauge their
reaction , but to date. there has been no particular reaction forthcoming from them .
97 101- $Jl#JJcii: ~AI~-
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98Annex 95: Government of Japan, National Diet Debates, House of
Representatives -Agriculture, Forestry and Fisheries
Committee - No. 2, 18 December 1984 [excerpt]
102- House of Rcprcscnta tives
Aericulture, Forestry & Fisheries Committee- No. 2
18December 1984
Spc:~ :k06r324 Search Term: Forward/Back
Speaker Infomtation
Speaker Affiliation Title Role
Hiroya Sno Director-Generdl,
FisherieA~cncv
Mr S;mo, Government Delegate:
I wirespond.
Firstly, lo n:spond to your Cirstpoint regarding the1e United Stales on the
hunting of sperm whales, in Utespirit of the Intemalional Convention for the Regulation of
Whaling, as a signatory to that Convention, Japan naturally hns a right to file an objection
7
and it i!S.Iapan's view that tlterc arc no seicnti1ic grounds for the decision to adopt a catch
limit of zero for sperm whales. Therefore. there is absolutd y no argumnnt for wiUlCir;twig
that objection. However. in the cold reality of the existence of American domestic
legislation, namely tltc Pad.·wood-Magnuson Am3 you have just pointed out, we
made th:decision to do so ti·om the view that it was unavoidabletoavoid anly way
clash between tltc United States and Japan.
Moving on to your second point about relations with tltc other member countries of the
lntctllational Whaling Commission, in wit1tdrawing our objece:~t lmhit on
!;pemt whales, although we have notified of the withdrawaL it will not lake effect for
another four seasTh~refo ieio.jection wiU remain in e!Tect y~arscatch of
400wha ~sn.~x year's 400 whales, and also for the next twoaf~:Urwt.ln that
respect, therefore, it will bepossible to operate legally uncle,. the lntcmationa l Convention
for the Regulation of Whaling, so. in tl1atrespect. we arc doing things in such a way as to
notiJtvitc censure fromJWChmember countries .
On your Lhjnpoint about the revocation of Ute moratorium on commercial whaling, during
the recent talki;. it is true that. tied up with tltis issue, the Americans proposed that a cettain
levelf whaling bep~nnit f1rete next two seasons aller the commercial whaJing
mor;1torium comt:s into eIn tlte Novembetlks. howewr. we took the position that
the.Ta~psanelegation to Utose talks did not have the n~gooratin;any whale
specie other than the sp!;!rmwhale, so this matter was not tliscussed at all with thc::
Americans. Therulore, the issue::of Ute revocation ofth e commercial whaling mor<ttorium js
on~ thai Ute J:apanese Governmentshould consider the variouscircumstances
independenlly ;md maany necessary decisions.
In domg so, as the .tvlinisterresponded earlier, we arc of c.xactly same opinion as you that
Ute Unjted States' domestic legislation, whjc1t, by linking tltc whaling issue witl1 the issue
of fishing allocations in the 200-nautical mile exclusive economic zone. seeks to restrict the
exercise of the rights of a GoYemment thai is a signatory to the ConYention. is an
outrageous law.
Therefore. as you mentioned earlier, we will take the position of ensuring Utefuture of
whal ~as an intrinsic Japa1tcscindustry through the continuatinsome forming
99 oranoth ~n:rgive serious consideration to the issues, also keeping in mind the operations
of the Japanese fishing fleets in the northern Pacific wmers.
102- House ofReprese nt:tlives
A!!rk ulture, Fores tr& Fisheries Committee- No. 2
18 December 1984
Spetlker:07/324 Search Term: Forward/Back
Speaker luf01mation
Speaker I Affiliation I Title I Role
Chiiji Yosb.iura IKot11eitoICltizen's Congress I I
~LrYoshiura, Committo::cMember:
At the 34u'annual meeting of the IWC in 1982, the decision was made with regard to the
prohibition, of commel'l:ialwhaling, but it was also decided that a comprehensive review of
tlliS moratorium would be made in 1990. I think we need to lobby other count:l'ies
vigorously for the oIy review of this moratoriwn, bu1 it has been pointed out to tJ1a,t
once whaling goes into hiatus. it will be impossible to start it up again. both fi:om an
equipment perspective and a personnel perspective. I think, therefotb: e~ftrts needto
be placed into tlle continuation of whaling, even in the fonns proposed i1lthe repot1 of the
Wha]ing Issues Study Group. I'd like to ask your views on Utesepoints.
102- House ofRe presenl:ttives
Aori<:ullun.•,Fon•stry & Fishlr~csCommittee- No.:l
18 December 1984
Speaker: 208/324 Search Term: Forward/Back
Speaker1nfonnation
Speaker Affiliation Title Role
Hu'oya Sano Director-General,
Fisheries AKency
llr Sano. Govemmen t-Delegate:
Firstly, 1 am in compkte agreement with you about the need tolobby the other countries
concerned to bring abo·ut. at the earliest possible time, the comprehensive review that you
mentioned. We ]lave just made a strong appeal for that towards the United States in our
recent bilateral tnlks. The Americans did not give us a defulitive response, but I believe we
were able to get them to listen fnvoural1ly to Japan's arguments . We intend to take a
similarapproacl1tow:u·,dsother member countries as well.
Also, I believe that the concepts of scientific whaling and subsistence whaling as descnoed
in the Whaling Issues Study Group report that you mentioned are ideas that we should
make maximum use of,.appropriately and efiectively, !o keep Japanese whaling alive under
these very challenging •icmslam.:es.
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102Annex 96: Government of Japan, National Diet Debates, House of
Councillors - ForeignAffairs Committee - No. 11, 16 May 1985 [excerpt]
96-llouse of Counci llors
Foreign Affairs Committee- No. 11
16May 198S
Speaker: 230/329 Search Term:Forward/Back
SpeakerInform ation
Speaker
Affiliation Title Role
Eiko Nukiyama Dc1l)ocraticSocialist Party I
Kobunin Rcngo
Ms Eiko Nukiyama, Committee Member:
With this Pacbvood-Magnuson Amendment, if it were to be invoked, as I said earlier, the
fishing quotaw-ill be cut by half. If we still don't comply, it wiUbe cut by the otl1er half
again, in other words, the a1Jocationwill be complt:tely wiped out. If that wt:re to happen,
it would have terrible consequences for Japan's fies operator.!Hm'·'does the value
of llit:Japan's fish catch in the United States' 200-nautical mile zone compare to Utevalue
of the catch of Japan's whaling operators?
96-llouse of Councillor s
Foreign Affairs Committe e- No. 11
16 May 19!!5
Speaker; 231/329 Search Term: Forwanl/llack
Speaker Information
Speaker AffiliaLion Title Role
l'adashi Imai Director, Far Seas Division, Marine
FisheticD~ar tment Fisheries A,g_ccy
Mr Tadashi Tmai. Briefing Otlicer:
I will respond.
'l1lorearc various ways of calculating tl1is, for example, whether we ca-lculate just the
catch in the American 200-nautical mile zone, or whether we i1clude the $almon and
ooe;m U'out catch decided between Japan. the United States and Canada. but overall, the
situation of Japanese fishing in the United Stales' 200-nautical mile zone is fuat there is
more than 250 vessels witl1 a total catch exceeding one million tonncsln monetary
term$, it would be worth considerably more than 100 billion yen. These operations
directly employ somewhere well in excess of 10,000 people. Whaling, on the other hand,
in tc1s of110tthe number of whales caught but in monetary value, would be worth about
13 billion yen, of which around 8 billion yen would be from Ant:ntic whaling and 5
billion yen fi·om .Japanese coastal waters. Tt~ mubetof people employed by these
operations, including employees of the head otlices of the companies would be around
1,300. Overall, thert:fore, the n1tio of the scale of our fishing in American waters to our
whaling is about 10 to one.
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104Annex 97: Government of Japan, National Diet Debates, House of
Representatives -Agriculture, Forestry and Fisheries
Committee - No. 6, 7April 2010 [excerpt]
174- House of Rcp•·cscntativcs
A ericu lturc, Forestry and Fisheries Commitl ee - r\o. 6
7 April 2010
Speaker: 13176 Sellfch Term: Forward/Back
Sneaker Infom1alion
Title Role
Speaker Af!iliation
Hi1llaka~kamatu s The Democratic Partyof Minister for
Jap~ aMnusho ozku Agriculture, Forestry
(lndependt:nts ')Club and FisJterics
lvlr i\kamatsu, Minister:
As you point out, the prious government was criticised lor its resptosthe Sea
Shepherd's criminal acts, because tht: cw~:r:sent to Australia and then somehow
;~ll eowo go free. So, for our part, we phmned li·om the start that we would adopt a ftrm
stane against the obslruclivc::activities of the Se:a: Shepherd this Lime. Their obstructive
beh<wiourwas even more serious llian anticipatedinresponse we did such lhings as
use water hoses, and from this year we also sent a :ship to shadow and protect the research
vessel for the lirsltim e.
As you just expressed,n terms of the various impressions, there might have been the
impression that the Japanese vessels were spending the time trying to get away from and
avoid the Sea Shepherd, hut as for the result,search whaling catch we were able to
ohmin was pretty much as planned- please understand U1atit is our practice not to state the
number of whales - butT can say itwas approximately the number we had planned.
l-.·I
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106Annex 98: Whaling Issues Study Group, Report on Preferred Future Directions for
Japan’s Whaling (July 1984) in New Policy Monthly (August 1984) 108
Source: New Policy Monthly (Gekkan Nyuu Porishu) (August 1984) 108
Ministry of Agriculture, Forestry and Fisheries
Report on Preferred Future Directions for Japan's Whaling
July 1984
Whaling Issues Study Group
[108] Introduction
Japan's whaling industry, with its long history and tradition, continues to have an
important meaning for many Japanese and play an important role in our culinary
practices, regional economies, local cultures and regional societies. However ,
following the International Whaling Commission's decision in 1982 to introduce a
total prohibition on commercial whaling, which is set to commence from the 1985-86
whaling season, the international situation confronting Japan's whaling has become
increasingly severe.
In view of these circumstances, the Whaling Issues Study Group (\V1SG) was
established by the commission of the Director-General, Japan Fisheries Agency, in
October 1983, to examine the preferred future direction for Japan's whaling from a
broad range of perspectives. The SG members, who are listed in the attachment to
this document, are experts in a range of sectors, and I believe that the WISG has been
able to consider the relevant issues not only from an economic viewpoint, but also
from the viewpoints of culture, history, environmental protection and international
cooperation.
The WISG met seven times between October 1983, when it held its first meeting, and
July 1984, and conducted a vigorous examination of the history and current
circumstances of Japan's whaling industry, the international situation surrounding
whaling, the impact of the total prohibition of commercial whaling and other related
issues. This report is a summary of the preferred future directions for Japan's whaling
industry as conceived as a result of this examination process.
Kenjiro Nishimura
Chairman
Whaling Issues Study Group
107 1. From ancient times to the present, the Japanese people have had, and continue to
have, the traditional culinary practice of consuming whales. This is of a similar
character, albeit to varying degrees, to the practicesindigenous peoples in regional
areas of Alaska, Siberia and Greenland, who are reliant on whale meat as an
indispensible part of their daily diet. In contrast to the whaling that was previously
can·iedout by Western nations for the purpose of extracting whale oil, which today
has been superseded by petroleum, Japan's whaling is distinguished by the
characteristic that since ancient times it has been carried out with the purpose of
securing whale meat, as well as using the entire whale carcass for a wide variety of
different uses. The reason why Japan ventured into the Southern Ocean whaling
grounds before World War II and continues to conduct whaling there today is that for
Japan whaling is a tradition and has a background in which whales areof considerably
greater importance than they are in other countries.
In many regions throughout Japan, local cultures and communities have also been
formed based on the culinary practice of consuming whale and on whaling as an
industry. This means that there is today a deep-rooted senseof regional solidarity that
has been fostered over the course of history that centres on rituals, ceremonies and
legends woven around whales, and a collective consciousness based on regional ties
and blood relationships that has been cultivated through whaling.
Further, particular districts, including towns well known for their whaling, such as
Ayukawa in Miyagi Prefecture, and Taiji in Wakayama Prefecture, produce a large
number of Southern Ocean and Japanese coastal whalers, and the whaling industry
plays a role as a core industry in these regions due to the development of whale
product processing and other related industries. Given that these regions are typically
located in remote areas with inferior transport services and theyhave no significant
industries other than whaling, it is fair to say that these regions and the whaling
industry share a common destiny.
For these reasons, whales continue to have an important meaning and play an
important role for the peopleof Japan, as a valuable biological resource which should
be utilised for people in the same way as other seafood resources, as a significant
source of social and cultural value, and as a core industry in certain regions.
Consequently , it is not acceptable that peoples of other ethnicities and countries - who
assert that there should be absolutely no use of whales allowed regardless of the
situation of whale stocks - should force their values on us and seek to deny our
particular ethnic culinary practices and cultures which are entwined with whales.
2. Japan's whaling industry began to be organised in the 17th Century, when it
increased in scale, its character as an industry became more defined, and it became
firmly established in a number of locations around the country. Against the
background of the strong attachment for whaling felt by the Japanese people that had
grown as a tradition throughout this long period, the industry continued to develop
steadily, including making advances into the Southern Ocean in 1934. From the
.1970s, however, it has been contracting as international regulations on whaling have
strengthened .
108To explain this briefly, from the 1950s intensely competitive whaling by all countries
in the Southern Ocean continued so that during the 1960s there was a remarkable
decline in whale stocks, in particular, those of the great whales. This led the
International Whaling Commission (IWC) to admit that its whaling regulations to that
time had been inadequate for the conservation of whale resources, and, starting in the
1970s, it began tightening whaling regulations by, among other actions, setting catch
quotas for different whale species. With a view to maintaining and developing the
whaling industry over the long term, Japan accepted the whaling regulations
introduced by the IWC, and, at present, Japan's whaling industry has been obliged to
downsize to, or close to,the lowest level at which it can maintain itself as an industry.
That is,the scale of the Southern Ocean factory-ship whaling, in terms of fleet size, is
now only one-seventh of its peak, and the species of whale captured is now limited to
the minke whale, which the IWC Scientific Committee has determined is a resource
which is in excellent condition. Japan's coastal whaling is also submitting to
similarly stringent regulations.
At the same time, from the standpoint that whaling regulations should be implemented
rationally and on scientific grounds, Japan is contributing to raising the standard of
scientific management of whale resources by leading in the implementation of
collaborative international resource surveys of minke whales in the Southern Ocean,
and it has been properly discharging its duties in a way befitting one of the world's
leading whaling nations.
3. Subsequent tothe United Nations Conference on the Human Environment which
was held in 1972, the anti-whaling nations were joined by environmental protection
groups in advocating the protection of whales, and their assertions strengthened by the
year. The high point reached by this movement is considered to have been the
decision made by the IWC in 1982 to introduce the moratorium on commercial
whaling. The effect of this decision is to have placed a total ban on whaling for
commercial purposes following a three-year grace period, and can be fairly described
as having finally brought Japan's whaling industry to a crisis point of complete
termination . We consider, however, that the decision to implement the moratorium on
commercial whaling is inconsistent with the fundamental spirit of the [109]
International Convention for the Regulation of Whaling.
The International Convention for the Regulation of Whaling, which was concluded in
1946, has as its major preface the effective use of whale resources for humankind, and
its purpose is the orderly de velopment of the whaling industry through the
conservation and use of whale resources. This means that regulations on whaling
should be permitted only in cases where a need is shown based on the results of
scientific research. However, the decision behind this moratorium is neither based on
the advice of the IWC Scientific Committee nor does it have a scientific basis as it
completely ignores the diverse conditions of the different whale stocks which differ
according to species and populations.
For these reasons, it is our view that there is absolutely no reason for Japan to
abandon its whaling industry, and that, under the terms of the Convention, it was
reasonable for Japan to file an objection with the IWC in November 1982 that has
made the continuation of commercial whaling possible.
109 In addition, were whaling to be prohibited there would be serious ramifications in
Japan for the employment of Southern Ocean and Japanese coastal whalers and those
in related industries who are based primarily in regions that do not have any
significant industries apart from whaling. Moreover, it would cause a very serious
situation involving the declineof regional economies and the loss of specific regional
homeland identities and cultures, as well as denying a culinary practice of Japanese
people.
4. As outlined above, when we take into account the fundamental spirit of the
International Convention for the Regulation of Whaling as well as the very serious
impact that the whaling prohibition would cause in Japan, we consider the
continuation of Japan's whaling to be entirely reasonable. At the same time, as we
note below, it is also a fact that the international situation surrounding Japan's
whaling industry is extremely difficult.
The key point is that in theWC the anti-whaling countries which approve of the total
prohibition of commercial whaling have secured in excess of the three-quarters
majority that is required to make decisions on whaling regulations such as the
aforementioned moratorium on commercial whaling. For this reason, even were
Japan to put forward its case for the continuation of commercial whaling based on
rational scientific grounds, it would be virtually impossible to secure the necessary
support at the forum ofthe IWC Annual Meeting.
In addition, the United States Government is strongly pressing Japan to withdraw its
objection by linking the whaling issue to its allocation to Japan of fishing quotas
within the United States' 200 nautical mile zone in the northern Pacific.Of particular
concern was the fact that last year the United States reduced its fishing quota
allocation to Japan, citingas its reason that Japan did not withdraw its objection. In
addition to the above, the United States has already enacted a law that makes it
possible reduce to zero the fishing quota allocated to Japan within a two year period in
the event that Japan were to continue its conunercial whaling after the prohibition of
commercial whaling comes into effect from the 1985-86 whaling season.
By rights, whaling and northern Pacific fishing are completely separate matters and it
is highly -inappropriatethat the United States should use fishing allocation quotas as a
bargaining instrument in its negotiations with Japan. Nevertheless, in view of the
United State's holding firmly to this position regardlessf repeated representations by
Japan, it is necessary for us to have a full appreciation of the impact on Japan's
northern Pacific fishing (which occupies a key position in this country's fishing
industry) were Japan to press ahead with commercial whaling.
5. Following a comprehensive evaluation of the domestic and international situation
outlined above, the Study Group makes the following recommendations for the
preferred future directions for Japan's whaling industry after the moratorium has
taken effect.
110The continuation of whaling ought rightly to be accepted because the decision to
prohibit all commercial whaling is illegitimate in terms of the Convention, since it
lacks a scientific basis, and because of the employment situation of those persons
employed in the whaling industry, the role played by whaling in certain regional
communities, the preference of Japanese people for whale meat, and the need to
transmit whaling skills to future generations.
However, it is also a fact that it would be extremely difficult to maintain the whaling
industry as presently operated given that the countries seeking the prohibition of
commercial whaling constitute a majority, and given the international situation where
there are grave fears of a negative impact on our northern Pacific fishing industry
through its links with the United States. For these reasons consideration should be
given to the following policy response in order to continue whaling in the Southern
Ocean and in Japanese coastal waters.
(i) Southern Ocean Whaling
In the field of whale resources in the Southern Ocean, while there has been
considerable research conducted to date primarily on minke whale stock levels and
reproductive issues and their surrounding ecological systems, there are still many
questions left to be answered. For this reason, we should seek the understanding of
relevant countries for Japan to undertake scientific whaling activities that aim to shed
further light on these questions. Further, it will be necessary to assert that these
research activities will contribute to the aim of understanding marine ecosystems in
the Southern Ocean, which will be of major benefit for all humankind.
(ii) Coastal Whaling
Given that in specific regions whaling has a long history and tradition and is a core
industry, and that whales have been central to the formation of cultural practices and
local societies,we should seek the understanding of relevant countries with regard to
coastal whaling being essential to the livelihood of regional peoples in terms of its
social, economic and cultural significance.
It would also be appropriate to seek the understanding of relevant countries with
regard to tl1efact that the area of operations of the coastal whaling will be within the
200 nautical mile fisheries zone, within which Japan has jurisdictional rights over tl1e
reasonable management and conservation of marine resources, including whales.
In conclusion, Japan's whaling industry, which has a long history and tradition, has
been exposed to the severe criticism and attacks of the anti-whaling nations, and its
very survival is now at risk. Were Japan's whaling industry to be extinguished for
inational reasons, however, the impact on our culinary practices, regional economies,
culture and societies would be immense. The Government should appreciate the full
extent of this situation. To ensure the continuation of whaling, the Government
should use the suppm1 of those involved in whaling, and the broader citizenry, to seek
the understanding of the United States and the other relevant foreign nations through a
range of measures including diplomatic efforts. The Government should also make
further efforts to ensure that the IWC is able to function normally and in accordance
111 with the fundamental spirit of the International Convention for the Regulation of
Whaling.
Attachment
"Vhaling Issues Study Group Members
Reizo Ishiyama, Professor Emeritus, Tokyo Maritime University, and fmmer
Director, Japan Nature Protection Federation.
Yoshizane lwasa, Advisor, FujiBank.
Yoshihide Uchimura, Director, Japan Racing Association.
Teruo Sasaki,Deputy-Chairman , Japan Fisheries Association.
Saburosuke Suzuki, Chairman, Ajinomoto Co, Inc.
Yoshio Seko, Mayor, Taiji, Wakayama Prefecture.
Kazukiyo Doi, Head, All Japan Seamen's Union.
Masamichi Narita, News Analyst, Nippon Hoso Kyokai (NHK).
Kenjiro Nishimura, Chairman, Central Fishing Industry Coordination Committee.
Takao Hoshiai, Professor, National Institutef Polar Research.
Susumu Yamaji, Professor, Tokai University.
Shichihei Yamamoto, Writer.
Shigeya Yoshise, Governor, Japan Development Bank.
Bunroku Yoshino, Head, International Economic Research Institute.
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- 109 -
114Annex 99: Institute of Cetacean Research (Juridical Foundation) -
Deed of Endowment, (30 October 1987 as amended on 20
October 1999), Institute of Cetacean Research website,
<http://www .icrwhale.org/kifu.pdf> on 16April 2011 [excerpts]
[II Tbe Institute of Cetacean Research
(Juridi cal Foundation)
Deed of Endowment
Chaptet·1: General Rules
Artidt> 1: Names
1l1.: name of lhis institute sha ll be .1!1Et1*7~~~..AJ.i7f (TN:Eromani scd as Zaidan
Hojin Nippon Geind Kenkyfijol, and the Eugljsh name shall be "lnstin1te of Cetacean
Researc h'(.lt1ridical Foundation). hereafter. "the Institute". in this Deed of Endowment.
Artic le 2: Offices
1l1e offices ofl he Institute shall be located in Chuo Ward, Tokyo City.
Artidc 3: Objectives
1l1e objectives or the Institute shall be to contrib ute to the appropriate management and usage
of marine resources through conducting experiments. research and survonscetaceans aud
other marine manunal s, as well as surveys on the international conditions affecting cetaceans
and other marine manuuals .
Atticle 4: Opemtions
The Institute shall carry out the following operations to m:hiew the ohject iws outlined 1n
Article 3: Objectives :
(a) Experime nts, research and smveys with regard to cetaceans and other marine
nHuumals,
(b) Collection andpresentation of data with regtodcetaceans and other marin e
mammal s.
(c) Surveys , inlom1ation collection and presentati~amefabout theint~11ational
cond itions affc\.:ting cetaceans at1dother marin e mamma ls.
(d) Oth~ operations necessary to achieve the Institute'!;purposes.
Chapter ll : Assets and Accounting
Article 5: Composition of Assets
Titc Institute ·s assets shall be composed of. as listed in the provisions below :
(a) Assets listed itheAsset RegisterattheLime ol'cstahlis hmcnt,
(b) Income generated li·omassets ,
(.:) Donations.
(d) Income from operati ons,
(e) Membe rshjp fees,
115 (f) Other :income.
Article 6: Asset Types
The assets of the Institute shall be Basic Assets, Normal Assets and Special Foundation assets.
Article 7: Basic Assets
The Basic Assets shall be composed as listed in the provisions below:
(a) Assets listed as Basic Assets in the Assets Register at the time of establishment,
(b) Assets which have been specified as Basic Assets when donated,
(c) Assets which the Board of Directors has resolved shall be transfened to Basic Assets.
Article 8: Normal Assets
The Normal Assets shall be composed as listed in the provisions below:
(a) Income generated from the Basic Assets and income generated from the Special
Foundation Assets as specified in Article 9: Business and Operations Statement,
(b) Donations, except for those listed in Article 7 Provision 2 Item 2, and Article 9,
Provision 1, Item 1,
[2] (c) Assets belonging to the Institute other than Basic Assets and Special Foundation
Assets.
2. The Director-General shall administer the Normal Assets as determined by the Board of
Directors.
Article 9: Special Foundation Assets
The Special Foundation Assets shall be those assets composed as listed in the provisions
below and they shall be used by the Director-General, with the approval of the Board of
Directors, as asset particularly necessary for those surveys listed in Article 4, Provision 1,
which are carried out with regard to international conventions, hereafter called "Special
Surveys":
(a) Assets which have been donated and specified as Special Foundation assets,
(b) Assets which the Board of Directors has resolved to transfer to Special Foundation
Assets,
(c) Income generated from Provision (b) above.
2. The implementation of special surveys and the use and disposition of Special Foundation
Assets shall be determined separately in the Business and Operations Statement [TN: not
translated here).
3. The drafting of the Business and Operations Statement, and changes to the same, shall
require the approval of the Minister for Agriculture, Forestry and Fisheries.
116Article 10: Disposition ofBasicAssets
Basic Assets may not be disposed of or provided as collateral. However, a portion of the
Basic Assets may be disposed of or provided as collateral for loans should this be necessary
for the implementation of the Institute'·s operations and following a resolution to that effect
passed by a majority of two-thirds or more of directors attending a board meeting and with
the approval of the Minister for Agriculture, Forestry and Fisheries.
Article 11: Disbursement of Expenses
The expenses of the Institute shall be disbursed usmg Normal Assets and/or Special
Foundation Assets.
2. The accounting for Special Surveys shall be performed separately from accounting for
other operations and shall use a separate account.
Article 12: Loans
The Institute shall be able to borrow temporary loans for disbursements for expenses required
for the Institute's operations that shallbe paid back using normal assets during the same
accounting year as the operation, to a maximum level as determined in advance by the Board
of Directors.
2. The Institute may borrow long-term loans for disbursements of expenses required for the
Institute's operations pursuantto a resolution to that effect passed by a majority of two-thirds
of directors attending a board meeting and with the approval of the Minister for Agriculture,
Forestry and Fisheries.
Article 13: Ope.-ation 's Year
The operation 's year for the Institute shall, each year, commence on 1 October and finish on
30 September of the following year.
Article 14: Operations Plan and Income and Expenditure Budget
The Director-General must, prior to the commencement of each financial year of operations,
prepare a business plan and income and expenditure budget and, after receiving approval
from the Board of Directors, submit it the same to the Minister for Agriculture, Forestry and
Fisheries.
Article 15: Temporary Budget
Regardless of the provision of Article 14: Operations Plan and Income and Expenditure
Budget, in the event that the Income and Expenditures Budget is unable to be passed due to
reasons beyond the Institute's control, the Director-General can, until the day that the Income
and Expenditure Budget is passed, receive income and pay expenditures, pursuant to a
resolution by the Board of Directors and by drafting a temporary budget in accordance with
the budget of the preceding year.
117 2. Income received and expenditures paid under the temporary budget referred in the
preceding provision shall be treated as income and expenditures of the newly drafted budget
Article 16: Operations Reports and Income and Expenditures Account Statement
The Director-General shall, after the end of each financial year, promptly draft the documents
listed in the following provisions and submit these to the Auditor and have them audited.
(a) Operations Repmt,
[3] (b) Income Account Report,
(c) Net Asset Change Account Report,
(d) Asset Register,
(e) Balance Sheet
2. The Auditor shall, immediately after receiving the above documents, audit them. draft an
Audit Report, and submit it to the Board of Directors.
3. The Director-General, shall submit the documents listed in Article 16, Item 1, and the
Audit Report referred in the preceding provision to the Minister for Agriculture, Forestry and
Fisheries, pursuant to a resolution by the Board of Directors .
4. The Director-General shall keep at the Institute 's offices the documents listed in Article lG,
Item 1, and the Audit Report referred in Article 16, Item 2.
Chapter III
Article 17: Board Director Numbers and Selection
The Institute shall appoint the following Executives:
(a) Between eight and twelve Board Directors,
(b) Between one and two·Auditors
2. The Directors and Auditor/s shall be selected by the Board of Trustees.
3. There may be no overlap of members between the Board Directors, Auditors and the Board
of Trustees.
4. Of the Board Directors, one may also serve concurrently as Director-General, and one also
serve concurrently as Executive Director.
5. Of the Board Directors, the proportion of the number of those from the same family (being
family members within the third degree of kinship inclusive, and persons in a specified
relationship with a Director) and/or persons employed by specified companies shall not
exceed one third or more of the present number of Board Directors .
1186. Of the Board Directors, the proportion of directors who were formerly employed by the
Government Agency which has jurisdiction over the Institute shall be one third or less than
the present number of Board Directors.
7. Of the Board Directors, the proportion of directors who are from the same industry shall be
half or less than the present number of Board Directors.
Article 18: Board Director Work
The Director-General shall represent the Institute and oversee its operations.
2. The Executive Director shall assist the Director-General, coordinate the executive office,
enforce the rule of law with regard to the Institute's operations, represent the Institute should
the Director-General be unable to due to an unforeseen incident, and undertake the duties of
Director-General in his/her absence.
3. The Board Directors shall form the Board of Directors and carry out the Institute 's
operations.
3. The Auditor shall carry out the duties according to the provisions of Civil Code No. 59.
Article 19: Directors' Term
The term of the Directors shall be two years. However, this shall not prevent Directors from
being re-elected.
2. The tetm of Directors who have acceded office to take over from a cunent Director or
following an increase in the number of Directors, shall be, in the case of the former, the
remaining term of that current Director.
[...]
[5) Chapter V: Trustees and Board of Trustees
Article 32: Trustees
This Institute shall appoint between 8 and 12 Trustees.
2. The Trustees shall be selected from among persons with appropriate academic and
professional qualifications by the Board of Directors, and appointed by the Director-General.
3. The provisions listed from Article 19 to Article 21 shall apply to the Trustees.
Article 33: Board of Trustees
The Board of Trustees shall be comprised of the Trustees.
119 2. The Board of Trustees shall, as determined elsewhere in this Deed of Endowment,
deliberate on items referred by the Director-General with regard to the management of the
Institute, and shall be able to give its opinion to the Director-General.
3. The Director-General shall convene meetings of the Board of Trustees.
4. The Chair of the Board of Trustees shall be chosen by the Board of Trustees at that time.
5. Board Directors and Auditor/s shall be able to attend Board of Trustee meetings and
submit their opinion on matters.
Article 34: Application of Provisions
The provisions from A.tticle 25, Item 5, to Article 31, shall apply to the Board of Trustees.
When applied to the Board of Trustees. references to Director-General shall be read as Chair
of the Board of Trustees.
Article 35: Experts Committee
The Director-General shal w~hen he/she deems necessary and pursuant to a resolution by the
Board of Directors1be able to establish an Expetts Committee to facilitate the smooth
management of the Institute 's operations.
2. Experts Committee members shall be appointed by the Director-General from among
persons who have specialist knowledge and who have been approved by the Board of
Directors.
3. The Board of Directors shall determine the items necessary for the management of the
Experts Committee.
[..]
[6] Chapter VII : Support Association Mem hers
Article 38: Support Association Mem hers
Persons who support the objectives of this Institute may become Support A<>sociation
Members of the Institute.
2. Support Association Members shall pay Support Association membership fees m
accordance with that determined elsewhere by the Board of Directors [TN: not translated] .
3. The rules regarding the Support Association shall be determined elsewhere by the
Director-General pursuant to a resolution by the Boardof Directors [TN:not translated] .
[...]
120Supplementary Notes
1. This Deed of Endowment shall take effect from the day of establishment of the Institute,
namely, 30 October 1987.
2. The Institute's inaugural Business and Operations Plan and Income and Expenditure
Budget since establishment shall, regardlessof the provisions of Article 15,be determined by
the Establishment Committee.
3. The Institute's inaugural operations year following establishment, regardless of the
provisions of Article 13, shall commence on the day of establishment and end on 30
September 1988.
4. The Institute's inaugural Board Directors following establishment, regardless of the
provisions of Article 17, Item 2 and ftem 4, shall be as listed in the Attachment [TN: not
translated], and their term, regardless of the provisions in Article 19, Item 1, sha11be until the
accession of Board Directors as selected at the inaugural meeting of the Board of Trustees.
5. Following establishment, the ftrst Trustees, regardless of the provisions of Article 32, Item
2, shall beas listed in the Attachment [TN: not translated], and, regardless of Article 19, Item
1 in accordance with Article 32, Item 3, their term shall be until the accession to office of the
Trustees selectedat the inaugural meeting of the Board of Directors following establishment.
[7] Supplementary Note
The amendment to this Deed of Endowment was effective from the day of approval by the
Minister for Agriculture, Forestry and Fisheries, namely, 24 November 1988.
Supplementary Note
The amendment to this Deed of Endowment was effective from the day of approval by the
Minister for Agriculture, Forestry and Fisheries, namely,1 March 1988.
Supplementary Note
The amendment to this Deed of Endowment was effective from the day of approval by the
Minister for Agriculture, Forestry and Fisheries, namely, 29 November 1996.
Supplementary Note
The amendment to this Deed of Endowment was effective from the day of approval by the
Minister for Agriculture, Forestry and Fisheries, namely, 20 October 1999.
121 ~1~ ~ ftrl
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128Annex 100: Government of Japan, Cetacean Research Capture Project
Implementation Guidelines, Directive issued by order of the
Administrative Vice-Minister forAgriculture, Forestry and
Fisheries, 62 Sea Fisheries No. 3775, (17 December 1987)
[ 1] Cetacean Research Capture Project Implementation Guidelines
62. Sea Fisheries No. 3775
17 December 1987
Directive issued by orderof the
Administrative Vice-Minister for
Agriculture, Forestry and Fisheries
l.Aim
In view of the International Whaling Commission (IWC) giving its consideration to a review
of the total prohibition of commercial whaling (the moratorium) by the end of 1990, this
project seeks to contribute to the implementationof the comprehens ive evaluation of cetacean
resources through the promotion of a comprehensive evaluation based on the collection of the
required scientific survey data through the sample capture of cetaceans and natural resources
scientific theory.
2. Project implementing organisation
The organisation responsible for the implementation of this project shall be the Institute of
Cetacean Research (hereinafter referred to as ''theICR'').
3. Project content and implementation methods
The ICR shall conduct biological surveys, marine ecology surveys and other survey activities
through sampling capture in the Antarctic Ocean and other sea areas to gather the biological
scientific data on cetacean resources needed to inform the review of the moratorium, and the
Director-General of the Fisheries Agency shall, separately, provide instructions on specific
survey content and implementation methods.
4. Direction and supervision
The Director-General of the Fisheries Agency shall provide the necessary direction and
supervision for implementation of the Cetacean Research Capture Project.
5. Reporting
The ICR shall provide the Director-General of the Fisheries Agency with reports on the
implementation of the Cetacean Research Capture Project.
6. Government subsidies
The Government shall provide subsidies to meet part of the expenses required to implement
this project, as prescribed separately and within budgetary limits.
129 7. Payment of profits
When the Director-General of the Fisheries Agency recognises on the basis of a report
provided pursuant to Item 5 that a profit has been generated by the implementation of this
project, the Director-General of the Fisheries Agency shall, pursuant to separate guidelines,
require that the project 's primary implementing organisation return that profit to the
Government.
However, such payment shall not exceed the amount of the subsidy provided for the project
in question.
[2] 8.Other matters
.Matters concerning implementation of this project other than those stipulated in these
Guidelines shall be subject to guidelines made separately by the Director-General of the
Fisheries Agency.
130 I;.)
lo I''.
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132Annex 101: Government of Japan, Re: Implementation of the Cetacean
Research Capture Project, Directive of the Director-General of the
Japan FisheriesAgency, 1987 Sea Fisheries No. 3777,
(17 December 1987 as updated to 28 March 2007)
lI] RE : l mplcmentation of the Cetacea n Rl'Scarch Capiurc Projcd
1987 Sea Fisheries No. 3777
17December 1987
Directive
Dir~tur-General
Japan Fisheries Agency
Amendment: 1988 JI7ASEA PISiffiRIES No. 3734
6 December 19~~
Amendment : 1989 .IFA SEA !-I"SHERIES No. '3019
24 October 1989
1me ndment: 1990 Jfi\ SEJ\ fl SIIERITISNo. 2967
1 November 1990
Amendment: 1994 JFA SEA FISHERIES No. 1574
2":.Tunc1994
Amendment : 1995 JPA SEA fiSHERIES No. 1206
17May 1995
Amendment: 1995 JfA SEA FISHER.1£S No. 1730
25 July1995
Amendment : 1995 .JFA SEA FISHER IES No. 2262
26 October 1995
Amendment : 19% .JFA SEA FISHERIES No. 1122
20 May 19%
Amendmt:mt: 1997 JFA SEA FISHERIES No. 921
16 April 1997
Amendment : 2000 JFA ADM INISTRAT ION No. 1873
26 July2000
Amendment: 2002 .TF A 1\DMll\'lSTRA TION No. 994
25 June2002
Amendment: 2004 JFA ADMlNISTRATlON No. 1288
2j July2004
Ameudmcut, 2005 .lFA ADMlNISTRATION No. 1650
12 Augus t 2005
Amendment : 2005 JPA ADMINISTRATION No. 3876
23 March 2006
Amendment: 2006 .TFA ADJ\.UNTSTRATION No. 3985
28 March 2007
I. Pro ject content ld impll•mcntation mdhod s
'Dteprojeccontent and tmplementation methods pursuant to Ite3of theCetacean Research
C'apture Project Implementat ion Guidelines (1987 JFA Sea Fisheries No. 3775 of 17
December 1987: hereinafter referred to as "the Guidelines.,) s:~follows.
(I)The collection of the following data necessary for, in the Antarctic Ocean. the monitoring
of the ecosystem with a focus on minkc whales, tin whales, humpback whales; and, in the
nothwcst Pacitic Ocean, the surveying of the prey of minke whales, Brydc's whales, sci
whalesand sperm whales as well as the determination of different \\hale stocks.
133 (a) Density of whale populations compared across di1Terent st:a areas. st:asonl! ami survt:y
years.
(b) .Biological ch;1raclerislics, blubbe;:rthickness. \Vti:gh1 of stomach contt:nls, pollution build
up compared across di1Itrrentseil areas, se;a:sons and survey ye;:ars.
(c) Biological characte;:irstics necessary to distinguish tlrnl whiut: stocks.
12] (d) Measurements . of prey volumes consumed and inferred consumjltion preferences
(northwest Pacific Ocean).
(e) Values of other biological characteristics.
(2) The data obtained in the above surveys shall contribute to the drafting of materials to he
submiUed to the lnte;:mational Whaling CoiiUILission(lWC) following initial analys is and
exarnina lion.
(3) Vesse ls to be used
J\nll1rdic Ocean: Lresearch base vessel
3 specimen sampling vessels
2 dedicated sighLing survey Vt:Jssles
Lload ship
No1thwest Pacific Ocean: 1researc h base vessel
3 specirnen sampling vessels
1 whale prey inspt:ction vesseJ
Note: 'll1c whale prey inspection vessel will he used when apj>I'Ovcdas necessary by the
Director-General, Japan Fisheries Agency.
(4) Survey periods
Antarct ic Oc.ean: From 1 April to 30 .Tune oftlt e same year, and from 1
November to 31.M.archof the:f:ollowing year.
Northwe st Pacific Ocean: From 1 April to 30 September of the same year.
(S)Maximum capture 4 uol ilS
Antarctic Occau: Antarctic m.inkcwhales: 850 (10% allowance)
fin whales: 50
Humpback whales: 50
No1thwcst Pacific Ocean : Minkcwhal es: 100
Brytle:':s whaJt:S:50
Sei whales: 100
Spem1 whalefl: 10
134II. Applicalion for ;lppro, •al of sale of whale meat
(t) In the event that the organisation responsible for the project implemen tatlon shall conduct
whale meat sales it shall submit in advance :1napplication for permission to the Director
Genera l, Japan Fisheries Agency in accordan ce with Form I taJ)pcndcd separately).
(2) Tbtsales period duration prescribed in the application stated in Paragraph 1shall be up to
one year ti·orn the time of commcncctncnt of sale.
(3)ln th~:vent thatsalesare not terminated within the period of salt as iniParagr<tph2
(in the event that there remains unsold whale meat), an Application for Approval of Sales
Adjustment ~hlalhe submitted to the Director-Gen eral, Japan Fir,;hcrics Agency, in
accordance with form 2 (appended sepaJ·ately), and the sales period sbaU be up to one
yearfrom the lim of ;:mmencement ofsale followingthe<Hljustmenl.
III.Submission of whale meat sales repm ·ts
[3] The organisation responsiblforimplementin g U1eprogram shall submita report slating
the detailsf the sale of wltale meat from this projinaccordance with Form 3 (appende d
separately) to the Dirc:ctor-General, Japan Fishct·ics Agency, soon allcr the end of
organisation's financial accountiy~ar.
IV. Payment uf profit s
Payments of profits to the Government pursuant to Item 7 of the Guidelines shall be
calculated accordinto the following formula.
J:::j1/2{(Ai - Bi)- (Ci- JJ)} xD/Ci
Ai: Proceeds of sales fi·omthis research (excluding the
:~mou equivalent to consumption tax)
Bi: Sales expenses (excluding 1he amount equivalent
consumption tax)
Ci: Expenses incurredby subsidy project
D: Govcmmcnt subsidies provided to the project
Ei: Profit amount to bt:paid
135 -•
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B .lk !II!II'!(il''I& .fll ::1t:Ml <• )
c •~••~•t- t. a:•
D *• It 1.:~ o C!l... .11/•J
E I li'IM-r-<~tt~U
138Annex 102: Government of Japan, ‘Report to the Working Group on
Socio-Economic Implications of a Zero Catch Limit’
(1989) IWC/41/21, 41 [excerpt]
IWC/41/21
REPORT TO THE WORKING GROUP ON SOCIO-ECONOMIC
IMPLICATIONS OF A ZERO CATCH LIMIT
The Government of Japan
1989
CONTENTS catch limit for minke whale reduced the production of this
Executive Summary ........... .................... ..........coastal fishery by almost half.
List of Tables......... ......................................20 The result of these restrictions on whaling has caused
Appendices ................. .......................... ...a..number of direct and indirect impacts of a socia l,
Introduction ............................. ..................economic, cult ural, and health-related nature which
Acknowledgements ............................................adversely affects whalers and their families, whale-related
Japanese Whaling in 1988 ....................................small businesses and other institutions in the whaling
Impact on Whalers .............................................,........... 22
Loss of Employment and Income ...........................22 At the dissolution of the last remaining pelagic and
Pelagic whalers .........................................large-type coastal whaling companies in 1987, a total of
Large-type coastal whalers ..............................789 full-time and 42 part-time employees lost their jobs.
Small-type coastal whalers ..................................Seventy -three perc ent of the 507 former pelagic
One whaler's story ......................................whalers have found re-employment in a new company that
Can whalers find employment in local fisheries? ...25 provides crews and vessels for fishery inspection and
Common barriers to whalers' re-employment ........25 research purposes. However, these new positions provide
Psychological and health related impacts ......26 salaries about 15 percent less than former ly paid to
The Impact on Whalers' Families .............................whalers, and the work is seasonal and often short-term.
Financ ial stress ........................................................27mmercial whalers who have not found
Disrupted patterns of family life .......................employment are entitled to up to 12 months government
Effects on children of whaling families .................unemployment benefits , as well as receiving severance
Interpersonal stress and conflict .......................pay from the companies at the time their employment was
Concern about family traditions disrupted terminated. The 42 part-time employees received no
by U1ewhaling ban ............................................ 29ove rmnent benefits.
The effects of the w:baling ban on traditional After one year follow ing terminati on of their
gift-giving ceremonies ..............................employment only 28 percent of former large-type coastal
Impact on Whaling towns ...................................whalers..had found permanent jobs; a further 18 percent
Whale meat processors ...................... ................obtained temporary or part-time employment. All
Implications of U1eforced changes in Baird's former whalers withjobsnow receiveless wages than they
beaked whaling on localbusinesses ................. 33eceived as whalers, and in most cases, none of the
Losses associated with closing on-shore additional company benefits th ey received as whalers.
whaling stations ........................................Small-type coastalwhalingemployed 75 full-time and
The natureofJapanese smallbusinessenterprises.......... 358 part-time seasona l workers in 1987, the last year of
The Fisheries Cooperative Associations .................3this stable fishery, before the zero-catch limitwasimposed
Impacts Occurring Outside of the Whaling Towns .......37 on the minke whale quota, at which ti.me small-typ e
H ealth related concerns ................................whalers l.ost their jobs in the summer 1988.
ConcernsaboutforeignattacksonJapaneseculture .......38 Some small-type whaling operations rehired some of
Discussion and Conclusion ...................................their workers for tilelate summer/fall Baird's beaked and
Tables .....................................................p.ilot whale fishery in 1988; however the 50 percent of
Appendicies .................................................workers rehired received salaries reduced by asmuch as 50
Bibliography .................................................percent. In addition, the supplementa l pay and bonuses,
including shares of whale meat, were considerably reduced
EXECUTIVE SUMMARY in 1988 for those whalers otherwise forhmate enough to be
Japanese pel agic and large -type coasta l whaling rehired
Small-type coastalwhalers in most cases are ineligible
suspended operations in 1987 and the last of the
commercia l whaling operations closed down at the end for government unemployment benefits , and due to the
of 1987. sma ll-business nature of the small- type whalin g
Small-type whaling;continued to operate as a stable opera tions, did not receive large dismissal allowances.
fishery until the 1988 season, when an IWC-imposed zero- Those whalers not re-emp loyed in the fashio n
17
139 ReporttotheWorkingGrouponSocio-economicImplicationsofa ZeroCatchLimit
TABLES
Tab le 1: Employment data, Nippon KyOdO Hogei , 1976-1987
NUmber of Employees: Retired: Left employ: Annual payroll
Vessels Land Vesse ls Land Vessels Land (¥M illions)
1976 1466 97 - - 1,174
1977 1456 97 2 10 2,074
1978 1300 95 3 156 2 4,998
1979 679 87 1 621 11 3,756
1980 668 88 3 11 3 3,594
1981 665 83 2 3 5 6 3,742
1982 664 83 5 2 9 5 4,200
1983 651 81 5 2 13 2 4,081
1984 636 75 10 2 15 6 4,236
1985 591 65 29 2 45 10 3,966
1986 541 55 26 2 50 10 3,679
1987* 464 43 68 9 77 1.2 3,989
*The company closed down in November 1987.
Source: Nippon Kyooo Hogei company records
Table 2: Economic situ ation of Nippon Hogei (large-typewha ling company) 1976 -87
Catcher Boats Land Wages & Capital Losses
Year Bonuses Losses Due to~
Stations (¥Millions)
Tonnage (¥Millions)
No.
1976 2 1,035.60 2 408
1977 3 1,466.51 2 646
1978 3 1,466.51 2 550
1979 3 1,466.51 2 714
1980 3 1,466.51 2 856
1981 3 1,466.51 3 841 6 Wakkana i facility closed
1982 3 1,825.40 3 692 8 Scrapped 399.44 ton catcher boat
1983 2 1,189.24 3 676 11 Scrapped 636.26 ton catcher boat
1984 2 1,189.24 3 603
1985 2 1.189.24 3 681
1986 2 1,189.24 3 574
1987 2 1,189.24 3 591 113 *
*Losses due to closing land facilities at Ayukawa (¥39 Million), Ogasawara (¥42 Million) and Taiji (¥9 Million) and
scrapping two catcher boats (431 and 758 tons;¥23 Million)
Source: Nibon Hogei company records
41
140Annex 103: Government of Japan, ‘ACritical Evaluation of the
Relationship between Cash Economies and SubsistenceActivities’
(1992) IWC/44/SEST5
IWC/44/SEST5
A CRITICAL EVALUATION OF THE RELATIONSHIP BETWEEN
CASH ECONOMIES AND SUBSISTENCE ACTIVITIES
The Government of Japan
1992
ABSTRACT participating in IWC discussions fail to recognize thatnon
Controversy surrounding the term 'subsistence' resultsaboriginalpeople alsoractice subsistence.Thereis a failure
from its widespread misusein everyday speech as well as to recognize tl1at'subsistence' and 'commercial' are false
in many jurisdictional situations where it is applied in topposites and therefore cannot alone provid e an
absence of an appropriate definition . Despite these inappropriate basis for regulating whale fisheries.
misunderstandings, the term subsistence is usually well Over the pas t severa l decades definitions of
defined and unambiguouslyusedin the (specialist)scientific'aboriginal-subsistence' (ateIWC) and 'subsistence' (in
literature. North American legal and regula tory practice ) have
The purpose of thispaper is toprovide afullexplanation changed as changing circumstanc es and scientific
of how the term subsistence is currently defined and used understanding impr oved. This report is offered as a
in recentscientificstudies, and tomake clear therelationshcontribution to better decisi on-making in respec t to
thatexistsbetween subsistence and thoseeconomic systems subsistence whale fish eries, whether cond ucted by
with which it is integrated in varying degree. aboriginal or non-aboriginal people.
Much of thecriticalresearch on thenatureof subsistence
has been carried out in Arctic hunting and fishing societiSEMANTIC AND CLASSIFICATORY
most of which are heavily dependent upon harvesting and MUDDLES
consuming marine living resources . In view of this, The term 'subsistence' in everyday speech commonly
particular attention will be givtothose recent research implies bare existence or a livelihood that only proindes
understandings of subsistence that are likely to assist inminimal degree life'snecessities.This is only one of several
resolving thecontinuing definitional problems encountered defmitionsof the term 'subsistence'providedin dictionaries
during IWC discussion. of theEnglish language . (See Note 1.)
In the context of the IWC, 'subsistence' is generally
INTRODUCTION linked to an equally ambiguous term 'aborigin al '.
The International Whaling Commission (IWC) Ambiguity exists,not only because the term 'aboriginal' is
recognizes three forms of whaling : those conducted for not defined,ut because it is considered as interchangeable
either commercial, aboriginal-subsistence, or research with terms such as 'indigenous' and 'native' which in fact
purposes. The IWC is empowered by contracting parties to have quitedifferentmeanings that vary accordingcontext
set harvest quotas for stocks of certain species of whale Itseems likely that making acriticaldistinction between
that are subject to either commercial or aboriginal the terms aboriginal,indigene and nativein whalmatters
subsistence whaling interest. At the present time a zero could indeed be useful, for in many t1shery and wildlife
quota fi.e. a whaling moratorium) applies to all stoofs regimes preferred access is oftenprovided to users who
baleen and sperm whales subject to commercial demonstrate long-term dependence upon and priority use
exploitation. of local resources.
Aboriginal-subsistence whale fisheries aret subject It appears that for many it is difficult to accept the idea
to this whaling moratorium This exemption even applies that non-aboriginal people engagm subsistance activities.
to so-called 'protection stocks' which , under IWC Though in lWC documents the terms 'native ' and
management rules, are considered so seriously depleted as 'indigenous' are used interchangeably with 'aboriginal ',
to require full protection . In such cases, quotas are set aty some natives (e.g. Inuit/Yuit , Gree nlanders and
low levels in order to partially satisfy the subsistence nBequians ) are permitted by IWC to practice subsistence,
of thewhale-dependent communities and at thesame time whereas some other natives (of Iceland, Japan, Korea,
allow recovery of the depleted whale stocks to occur. Norway or Spain) cannot do so.
However , at the present time !WC has a problem in The main reason forthis distinction appears torelate to
providing a similar selective exemption in order to the belief that aboriginal and non-aboriginal peoplebean
accommodate the subsistence needs of whale-dependent categorically distinguished by refe rence to a simple
communities when the community members are non classification systeminvolving such opposed characteristics
aboriginal people. as:
This paper looks at some of thereasons underlying this "primitive:advanced (in respect to technology)
present difficulty. For example, it appears that some sirnple:complex (social and political arrangements)
229
141 IWC/44/SEST5
traditional:non-traditional ('cnltnre'; see Note 2) In the past two or three years there have been two
non-commercial: comme rci a! (eco nomic implicit 'rule' changes in respect to aboriginal subsistence
transactions) whaling, that recognize the necessity of commercial sale
non-monetized:monetized (economic exchanges) and non-local consumption of whale meat in aboriginal
local:non-local (resource acquisition) subsistencewhaling operationsin certainaboriginalwhaling
From this it seems that aboriginal whaling, at leastin communitie s (s ee Dahl 1989a; Petersen 1989; Josefson
idealized form, is characteristically 'primitive', 'simple', 1990; Caulfield 1991a).
'traditional', 'non-commercial', 'non-monetized' and
'local'innature. In contrast to Uli.sideal type i5 'commerciaTHE MEANING OF SUBSISTENCE
whaling', also treated as a single idealized , and equally To the non-specialist the term subsistence relates in
unreal, type. important ways to an individual's economic and material
However true such characterizations of aboriginal circumstanoes. However, studies by specialists consistently
whaling nli.ghhave been in the past, in the modem world stress that the importance of ubsistence activities only in
they no longer apply. part relates to economic ends. For example, the critical
importance of fish and wildlife harvesting to any group can
CHANGING NOTIONS ABOUT be assessed "by the extent to which that activity is central
ABORIGINAL SUBSISTENCE WHALING to reproducing its social relati ons of production, for
In 1931 the International Convention for the Regulation example, through the socialization of children, mutual aid
of Whaling (ICRW) provided an exemption for whaling and sharing, and the reinforcement of stewardship and use
carried out by aboriginal people providing they only used arrangements with resp ect to land and resources" (Usher
"canoes, pirogues or otherexclusively native craft propelled 1981: 61).
by oarsor sails" and did not use firearms in whaling. In support of the notion that subsistenoeinvolves issues
The 1946 revisions to the !CRW removed the earlier outside of the economic sphere, il is frequently noted that
restriction placed on the useof modem technology, and in subsistence harve sting often persists when it is very
1964 the requirem ent that only aboriginal people could expensive in monetary term s and in some cases,
engage in aboriginal whaling was also removed. questionably cost-effective (Veltre and Veltre 1983: 185-
At the present time it appears that the principal 193; Dahl 1989b: 35). For example, a decade ago, the
regulatory requirement to be met in aboriginal whaling is estimated capital cost of an Alaskan bowhead bunting
that the product is to be used locally by aboriginal people. crew's equipment was estimated at more than $10,000
The term 'aboriginal' is not defined, though in definitions (Worl1 980: 312-313; IWC 1982: 39),and annual operating
of 'aboriginal subsistence whaling' and 'local aboriginal costs to the captain were about$6,000 (Kruse 198 6: 149).
consumption' (see below) the term is used interchangeably Sirnilar high costs have been noted for Canadian
with the terms 'indigenous' and 'native'. According to a (Wenzel 1991 : Table 6.13) and Greenlandic bun ters
1981 IWC report: (Caulfield 1991a: Table 9; 199lb :18). In terms of realizing
"Aboriginal subsistence whaling means whaling , strictly econornic goals, these costs certainly appear large
for purposes of aboriginal consumption carried out when the probability of the crew successfully landing a
by or on behalf of aboriginal, indigenous or native whale may be qu.itesmall.
people whoshare strongcommunity, familial,social To explain this apparent economic irrationalityrequires
and cultural ties related to a continuing traditional that thetrue nature of the term 'subsistence'be understood.
dependence on whaling and on the use of whales. In itsmost general yet technically correct formulati on,
" Local aboriginal consumption means the subsistence consists of U1osecultural values that socially
traditional uses of whale products by local integrate the economic relations of particular groups of
aboriginal, indigenous or native communities in people into theirdaily Jivesanden vironrnent (Wenzel 1991:
meeting their nutritional, subsistence or cultural 57). Thus, for subsistence to continue to operate depends
requirements. The term includ es trade in items primarily upon secure social relations,and only secondarily
which are by-products of subsistence catches." upon individual skills and special equipment.
In summary, it is evide nt that within the IWC a Subsistence then "is a set of culturally established
progressive broadening of the criteria under which responsibilities,rights and obligationsthataffectevery man,
aboriginal subsistence whaling is allowed has occurred. woman and childeach day" (ibid:60).Subsistenoeactivities
First, the requirement that only traditional, non-mechanized are thoseactions thatcontribute to thecontinued functioning
equipment could be used was changed, then processing of of variousessentially non-material aspects of tlJeeveryday
the product outside oftlJe community was permitted, then lifeof individuals and a community.
aboriginal whaling could be carried out by non-aboriginal A subsistence society is understood to be a group of
people, and finally trade in by-products of the hunt becanJe people whose production, use and consumption of local
permissible . These changes are explicitly stated in the resources occursin ways that are consistentwith traditional
written rules (the Schedule) of the International Whaling pattern s maintained by kinship-based social structures.
CODJrnissoin. Such societies possess detailed ·traditional knowledge of
230
142 ACriticalEvaluation of theRelatinshipbetweenCashEconomiesandSubsistenceActivities
their environment, and particularly those resources impor to the seasonal arrival, and variable yields, of fish
tantin their food-producing and ceremonial activities. Tra and game resources;
ditional knowledge,required for harvesting and processing 4) substan tial non-commercial networks for
subsistence resources, is transmitted from generation to sharing , distributing and exchan ge of food and
generation principally by oral means and requires an materials;
extended period of learning through experience . This 5) traditional systems of land/water use and
knowledge and experience are most often obtained by the occupancy;
individualmaintaining close association with an appropriate 6) complex inter-generation systems of belief,
member of the local community, who is often related by knowledge and values associat ed with resource
kinship or by some other socially meaningful arrangement. uses, passed on between generations as the cultural
Subsistence activities, with their emphasis upon local and oral traditions and customs of the society.
production and consumption, enhance social relationships (After Wolfe 1983: 272)
within a local community. However, they may also serve In respect to the nature of these 'mixed economies'
social and cultural ends among members of a larger, non referred to above, the interrelatednes sf subsistence and
local, community of people who are linked through shared market economies is immediately apparent if one considers
language, history, or culture (see Note 2). the extent to which dependence upon imported and
Given the importance accorded tokinship in tradition purchased goods needed to engage in subsistence activities
based societies, the ideal production unit continues tobe hasincreased during, at least, thispresent century.Formany
based uponskilledindividuals at ahousehold or family level Alaskan natives "participationin the market sector of the
of organization . In such societies, large corporate groups economy through the commercial sale of fish and furs and
and a highly capitalized technological infrastructure (the through remunerati ve employment enables the hunter to
basis of the contrasting capitalist mode of production) are participatein subsistence activities" (Wolfe 1986: 109).
not appropriate means of food production (Usher 1981: 58). In view of the high degree of dependence that
Indeed, in subsistence societies it is threlationsamong subsistence harvesters have upon access to cash, it bas
people that wildlife harvesting generates and sustains, and frequently been observed in Alaskan aboriginal societies,
not the relations between people and resources, Umtare of that increasing cash incomes correlates with larger, not
paramount importance (ibid: 61). smaller, quantities of subsistence-derived food in the
The importance of harvesting local food resources to householders ' diet (Wolfe 1986: 113; Kruse 19 91: 320;
thehealth and reproduction of subsistence societies resides, Langdon 199la: 283).
therefore, in the social values embedded in the various
components of the subsistence complex. It is the result of ADMINISTRATIVE AND LEGISLATIVE
the seasonal repetition and transfer of appropriate DEFINITIONS OF SUBSISTENCE
knowledge and behaviour to succeeding generations that In 1978 U1 e Alaska Stat e Legislature passed a
important aspects, indeed core values,of theculture of the subsistence law that recognized "the needs, customs and
group are reproduced over time, and the cultural identity of traditionsof Alaskan residents" and granted subsistence use
the individual and society thereby assured: priority over other (ommercial or recreational/sport) use
"It is through capturing, processing, distributing, of renewable resources.
celebration, and consumingnaturally occurring fish In 1980 the U.S. Congress passed a federal law, The
and animal populations that subsistence societies Alaska National Interest Land s Conser vation Act
define the nutritional, physical health, economic, (ANILCA), granting rural residents ' priority over urban
social, cultural, and religious components of their users of subsistence resources on federal lands.
way of life." However, a series of court cases in Alaska since 1985
(Langdon 1984: 3) (see Caldwell1 991) resulted in rural residents' priority use
of subsistenceresources being challenged, and subsequently
TOWARDS A DEFINITION OF ruled unconstitutiona!. As a result of these court decisions,
SUBSISTENCE there is considerable uncertainty at the present time over
In an extensive review of the substantial literature who in Alaska may or may not engage in subsistence,
detailingsubsistence activitiesoccurring throughoutAlaska, though current proposals coming before the Sta te
thesewell-defined food-extractive systems arecharacterized Legislature early in 1992, will likely reaffirm the priority
as possessing: of subsistence use over other uses of the State's fish and
1) a mixed economy, with mutually supportive wildlife resources (Campbell 1991: 1 0).
market and subsistence sectors; In Alaska, the State Boards of Fish and Game (10not
2) a domestic mode of production , where place trade or economic gain outside of subsistence use:
production capital, land and labour are controlled "...use pattern s in which the bunting or fishing
by extended kin-based production units; effort or the productsof the effort are distributed
3) a stable and complex seasonal round of or shared among others wHhin a definable
production activities within the community, tied communit y of per son s, including through
231
143 IWC/44/SEST5
customary trade, barter, sharing and gift-giving ... THE USE OF MONETIZED TRANSACTIONS
[such] a community may include specific villages IN SUBSISTENCE
or towns wi tb a historical preponderance of As these United Sta tes regulations make explicit ,
subsistence users, and encompasses individuals, monetary transactions are understood tobea necessary part
families, or groups who in fact meet the criteria of everyday subsisten ce harvesting. Indeed, cash is only
described in this subsection; one medium of exchange among many, thu s "the
"... use patterns which include reliance for introduction of cash into this system, either from wages or
subsistence purposes upon a wide diversity of the the community store, does not necessarily indicate that the
fish and game resources of an area, and in which exchange is commercial rather than subsistence" (Lonner
thatpatternof subsistence uses provides substantial 1986: 21).
economic, cultural, social,and nutritional elements In one current court case theinland people of Tanana
of the subsistence users life." claim that their commercial sale of salmon roe harvested
(Boards ofFish and Game, December 1981, quoted in incidental tosubsistencefishing constitutescustomary trade,
Langdon1984 : 26-27) as allowed in the definition of subsistence (Caldwell1991:
8). In other cases before the courts, the coastal Tlingit
BROADENING THE BASIS OF Haida of southeast Alaska argue that their commercial sale
SUBSISTENCE IN ALASKA of herring roe on kelp is culturally consistent with their
It would appear that the proposed new subsistence law subsistence use of this resource since at least the time of
in Alaska, in addition to reaffinning that subsistence use contact (Langdon 1991b).
bas priority over other usesfrenewable resources, proposes In Greenland , as ·in Canada and Alaska, those
moving away from the notion that subsistence is related to occupationally classed ashunters usually constitute the low
long-term 'customary and traditional' use of resources. In income groups in society, such that financial compensation
its place tbe focus is placed upon a particular way of life. is required if a continued supply of the valued products
The proposed legjslation will allow any resident having they alone can produce is to reach others in society. The
at least oneear of residence in Alaska to sign a declaration most suitable compensation occurs by way ofmoney-based
stating that subsistencis and has been a principal charac trading in the townmarkets or through cash purchases from
teristiof his or her way of life for three of the past five the huntersby wholesale buyers (see Table 1).
years. It is by these rational mean s that the important
In the current Alaskan proposals, subsistence is defined distribution channels for traditional, indeed staple, foods
as tbe taking and use of wild fish and game as part of a way are maintained in even the most rural and traditional parts
of life. Among six stated criteria to be satisfied for resourcof contemporary Greenlandic society (IWC 1989). Indeed,
use to be considered subsistence use, one is that the use in respect to Greenland aboriginal marine huntin g and
"provides substantial economic, cultur.al, social or fishing ac tiviti es , it bas been concluded that the
nutritional elements of the subsistence user 's life " differentiation between commercial and non-commercial
(Campbell1991 : 10). activity is quite meaningless (Dahll 989b: 40).
Clearly, this proposed new legal order is designed to The Alaskan situation is similar to that existing in
allow all those having lived in Alaska for at least one year Greenland. In his compreh ensive review of Ala skan
the choice of engagjng in subsistence activities, irrespectivesubsistence practices, Langd on writes: "the one most
of their cultural background, economic status or place of imp ortant characteristi c... is that subsistence is now
residence in the state. Consequently it will allow a person integrated with the cash economy in the lives of all Alaskan
engaging in commercial or recreational use to qualify as a Natives" (Langdon 1984 : 5). That study point s out that
subsistence userof wildlife and fish resources.Subsistence commercialexchange of subsistenceproducts occursin over
is confirmed as having important economic and food half of the twelve native regions of Alaska, including, e.g.
producing value to the user at the present time, irrespective the Arctic Slope, Bristol Bay, the Bering Straits(ibid: 8;
of its importance , or lack of importance , to the earlier see e.g. Worl1980: 314).
circumstances of the current user and his or her family. In a study of beluga whale huntingin northwest Alaska,
According to the Governor of Alaska: the1982 cash price of the whale meat and muktuk being
"Subsistence is not something that can be defined sold locally was $4.50 per pound, and in food stores in the
only by where you live, or how much money you distant city of Anchorage was $7.00 per pound (Feldman
make, or what race you are, but ratheby bow you 1986: 159). However, in Alaska as in Canada , it appears
live. In discussions UJroughoutthe state, there has thatinparticular native communities some subsistence items
been general agreement that subsistence is a way are not considered appropriate for selling (for cash) due to
of life." their high symbolic or ritual significance (Fienup-Riordan
(Hickel19 91). 1986: 178).
232
144 ACriticalEvaluation oftheRelatoinshipbetweenCashEconomiesandSubsistenceActivities
DOES SUBSISTENCE PRODUCTION types of economi c organization . In a large number of
DIFFER FROM COMMODITY different small-scale foragin g societies engaged in
PRODUCTION? subsistencein,e.g.,tropicalrain foreststheKalahari desert,
Subsistence activities, as detailed above, occur within or the Arctic, no simple distinction canbe made between
a mixedeconomy thatnecessarilyincludes bothmarket and 'subsistence' and 'commercial' transactions based on the
non-market transactions, both of which mayinvolve cash use or absence or cash ormarkets (see Note 3).
exchange.The useofcash orthe useof themarket therefore Indeed, questions such as "how much monetization?"
does not provide a critical distinction between subsistence or "what degree of market dependence ?" in any given
and commercial operations. society may be impo ssib le to answer because such
Rather , the distinction between subsistence and relation hips vary from individual to individual, from
commercialactivitiesare tobesoughtin thedegreetowhich househ o ld to household, from market to market, from
market forces, as opposed toessentially non-marketforces, commodity to commodity and from day to day, This
determine the purpose andextent of theeconomic activity. difficultyhas been recognized in the scientific literature,
These non-market forces usually involve such social togetherwith the consequent conclusion that itis unhelpful
institutions and concerns as family, various -alliances and unwise to·attempttodistinguish between 'subsistence'
extending beyond the family, community identity, and and 'commercial' activities in regard to these mixed
social status and prestige. Market forces, involving such economy coastal whaling societies (e.g. Akimichi et al.
strictly economic factors as maximizing financial 1988: 80-83; Dahl1989b :4 0; Caulfield 199lb : 3).
profitability and competitive economi c.advantage In conclusionitmight bestated that theintent to sustain
(increased market share) do not apply to subsistence local social, cultural and economic acti vity
activities. intergenerati onally in it's essential form and content
The reason that subsistence persists m such non (notwithstandingongoingchanges toimproveit'sefficiency
industrialized societies, despite the interaction that and safety) is tlleprimary characteristic thdistinguishes
occurs with powerful commercial forces t11tasustain the subsistence and petty commodity enterprises on tbe one
dominant society , is because subsistence satisfies handfrom industrial (i.e., wholely commercial) enterprises
particularly important non-economic needs in such on the oilier.
societies, needs that can only be satisfied by either In contrast, theprincipal goal of wholely commercial
engaging in subsistence or being enabled to consume economic enterprises is to achieve increased productivity/
the products of subsistence. It is the continuing profitability in ordero maximize strictly economic goals.
commitment of members of these (often small and/or In pursuit of tl1eseprofit-maximizing goals, commercial
distinct and peripheral) socio-cultural communities to enterprises may become totally transformed so tllat,nlike
their distinctive identity, that sustains subsistence subsistence and petty-commodity enterprises, tlle re is no
production even as it diminishes in strictly economic primary intent to ensure tlle enterprise's reproduction is
importance. This identity it should be noted, is most e.ssentially unchanged frm over time.
often related to particular systems of local resource use.
NOTES
CONCLUSIONS l. To illustrate this potential for confusion tllat can exist
One of the sustainingbeliefs ofmuch environmentalist when inappropriate dictionary definitions of technical
thinking in recent years is that industrial (i.e. capitalist) terms are used, the word 'dolphin' has at least seven
economic activity is necessarily harmful to environmental dictionary meanings, only one of which applies to
preservation. marine marrnnals. Even where tlle dictionary makes
The basis ofthisbeliefis theMarxiannotionthatwithin reference to themarine mammal dolphin, it provides
'primitive' societies there was no development of cash or varyingly accurate definitions to eitller the cetacean
commoditization, but that once these modern evils family Delphinidae (Chambers 1988 and Oxford 1990)
penetrated such societies their disintegration and downfall or the two familie s Delphinidae and Platanistidae
was set into motion. (Webste r's 1988). Tbe term 'dolphin' also variously
However, such theor etical formulations are not applies to(1)a buoy, bollard or cluster ofpiles for boat
sustained by empirical evidence, for it is now understood mooring, (2) a protective structure on a bridge, (3) a
tl1atmostsuch 'primitive'societieshavebeeninvolvedwith constellation,(4)a spar on a ship,(5) variouslya single
commoditization and external trade for hundreds, and in species (Oxford1990), or two speciesofa single genus
many cases thousands, of years, yet they persist today in (Chambers 1988), or a whole family of marine fish
recognizably distinct form. (Webster's 1988), or (6) a South Arnericanfreshwater
Itis apparent that considerations of scale or degree are fish (Oxford 1990).
relevant criteria in trying to distinguish between various The word 'fishery'in tlle widely used Webster's New
233
145 IWC/44/SEST5
World, Chambers English, and the Concise Oxford Dahl, J. 1989b.The Integrative and Cultural Role of Hunting
dictionaries refers variously to catching , packing and and Subsistence in Greenland . Etudes Inuit
selling fish, a place for catching fish, the right to catch Studies 13(1):23-42
fish, the art or practice of catching fish,etc. No referFeldman, K.D. 1986 . Subsistence Beluga Hunting in
is made to fisheries based upon seal, whale or clams Alaska: A View from Eschscholtz Bay (1). Pp.
for example. 153-171 in S.J. Langdon (editor) Contemporary
The term 'subsistence ' enjoys as many varied and Alaskan Native Economies. University Pre ss
limited definitions as do words like 'dolphin' and of America, Lanham & London
'fishery' in English-language dictionaries. Fienup-Riordan, A.1986. Traditional Subsistence Activities
2. The term culture is used in the generally accepted and Systems of Exchange among the Nelson
anthropological sense to mean the distinctively human Island Yup'ik. Pp.173-183 in S.J. Langdon
activityof systemically making, organizing, valuing and (editor ) Contemporary Alaskan Native
communicating changing thoughts, artifacts, behaviors Economies. University Press of America,
and symbols. Lanham and London
3. A recent critical review of the scientific literature onHeadland, T.N.and LA. Reid 1989. Hunter-Gatherersand
hunter-gather societies concluded that "many of these their Neighbors from Prehistory tthe Present.
groups were involved in interethnic and international Current Anthropology 30(1): 43-66
trade long before 16th-century European expansion " Hickel, W.J. 1991. Subsistence Priority Must Be Based on
and that Westerners have consistently failed to Lifest yle . Fairbanks Daily News-Mine r,
understand that these societies have been, often for long September 22, 1991
periods of time, 'commercial foragers ' (Headland and IWC 1981. Report of the Special Working Group of the
Reid:51; see also Wilmsen 1989). Technical Corrnnlttee Concerning Management
In regard to such bunting-fishing-gathering peoples ' Principles and Development of Guidelines
economic relations, another recent review states: "the about Whaling for Subsistence by Aborigines .
appearance of cash and commoditization are usually IWC Doc. IWC/33/14, Cambridge
seen as the first manifestation of modernity and as Josefsen, E. 1990 . Cutter Hunt ing of Minke Whale in
evidence of the impact of market economi es among Qaqortoq (Greenland ): case study. IWC Doc.
people previously untouched by tbem ... [however] ... TC/42/SEST5. Cambridge
such impacts go back five thousand years or more in Kruse, J.A. 1986. Subsistence and the North Slope lnupiat:
some cases and certainly encompass virtually all The Effects of Energy Development. Pp. 121-
foragers today" (Peterson 1991 : Iff). 152 in S.J. Langd on (editor ) Contemporary
Alaskan Native Economies . University Press
REFERENCES CITED of America, Lanham and London
Caldwell, W.E . 1991. Implementation of the State Kruse, J.A. 1991 . Alaska Inupiat Subsistence and Wage
Subsistence Priority Law after McDowell: A Employment Patterns : Understanding
Profound Mess. Alaska Legal Services Report, Individual Choice. Human Organization 50(4):
Fairbanks, October 1, 1991 317-326
Campbell, M. 1991. Proposed State Legislation Define s Langdon, S.J. 1984. Alaska Native Subsistence: Current
What Subsistence Is, Where it Happens, Who Regulatory Regimes and Issues. Alaska Native
Participates.Arctic Issues Digest , October Review Commission Volume XIX, Anchorage
1991:8-11 Langdon, S.J. 1991 a. The Integra tion of Cash and
Caulfield, R.A . 1991a . Qeqertarsuarmi arfanniarneq : Subsi stence in Southwest Alaskan Yup'ik
Greenlandic Inuit Whaling in Qeqertarsuaq Eskimo Communi ties. Senri Ethnolo gical
Kommune, West Greenland IWCDoc .TC/43/ Studies 30: 269-291
AS4, Cambridge Langdon, S.J. 1991b. Tlingit and Haida Indian harvest, Use
Caulfield, R.A. 1991b. Aboriginal Subsistence Whaling in and Trade of Herring Roe in Kelpin Southeast
Greenland's Mixed Economy: The Case of Alaska. Unpublishe d report, May 1991,
Qeqertarsuaq Municipality in West Greenland. Anchorage
Paper presented at International Conference on Lonner,T.D. 1986. Subsistence as an Economic System in
Common Property Resources , September 25- Alaska : Theoretical Observations and
27, 1991, Winnipeg Management Implications. pp.15-28 in S.J.
Chambers English Dictionary, 1988. Cambridge Langdon (editor ) Contemporary Alaskan
Dahl, J. 1989a. Hunting and Subsistence in Greenland in Native Economies Uni versity Pres s of
the Light of Socio-Economic Relations. IWC/ America, Lanham and London
41/22, Section 2. Cambridge Oxford Dictionary, Concise. 1990. Oxford
234
146 ACriticalEvaluationoftheRelatinshipbetweenCash EconomiesandSubsistenceActivities
Petersen, R~ 1989. Traditional and Present Distribution Webster's New World Dictionary, 1988. New York, N.Y
Channels in Subsistence Huntingin Greenland. Wilmsen, E.N. 1989. Land Filled with Flies: A Political
[WC/41/22, Section 3. Cambridge Economy of tbe Kalahari. Uni versit y of
Peterson, N. 1991. Introduction: Cash, Commoditisation Chicago Press, Chicago
and Changing Foragers . Senri Ethnol ogical Wolfe, R.J.1983. Understanding Resource Uses in Alaskan
Studies 30: 1-16 Socioeconomic Systems. pp. 248-274 in R.J.
Usher, P.J. 1981. Sustenance or Recreation? The Future of Wolfe and L.J. Ellanna (editors)esource Use
NaliveWildlife HarvestinginN orthem Canada, and Socioeco nomic Systems: Case Studies of
Pp.56-71 in M.M.R. Freeman (editor ), Fishing and Hunting in Alaskan Communities.
Proceedings of the First International Alaska Departmentof Fish and Game,Division
Symposium on Renewable Resources and the of Subsistence Technical Paper No. 61
Economy of theNorth. Associationof Canadian Wolfe, R.J. 1986. The Economic Effi ciency of Food
Universities for NorthernStudies and Canada Production in a Wes tern Alaska Eskim o
Man and the Biosphere Programme, Ottawa Population.pp.l01-120 in S.J.Langdon (editor)
Veltre, D.W. and M.J. Veltre 1983. Resource Utilization Contemp o rary Alaskan Native Economies.
in Atka, Aleutian Islands, Alaska . Alaska Univ. Press of America, Lanham and London
Department of Fish and GaMe, Division of Worl,R. The North Slope Inupiat Whaling Complex. Senri
Subsistence, Technical Paper No. 88 Etbnological Studies4: 305-320
235
147 Annex 104: Government of Japan, Japan FisheriesAgency, “Whale Meat Consumption
Per Capita in Japan”, under cover of facsimile from Takanori Ohashi,
Japan FisheriesAgency, to Mr Puplick, Chairman, National Task Force on
Whaling, Government ofAustralia, 18April 1997
PlSHffll£5 AGENCY
MINISTRY OF AGRoCu o:rllon f 0Mt:S11lANU FlSHWES. GOVEIL'IM m T Of JAPA~.
. .
1·1l·O.O.C. t<.•\v•fOliyod.lTolcfO t.J....TU..Dl •l1111 k.X":f
D I f
Mr.Paplio
a...;.,_ -
Nlliaaol ToskFaaaWllalins
GP0Bax717
Ca>bc:rACT2601
~
l'ox:06l7 4 1006
UoorMr. Pli<,
Aa:crdinto dIDSir'aio1-GIMr.sm..,IWC c.-.m.,. ,r J- I ..~. to ........
bcmonlb-rabk fer Wblll<-.;co pecep 11-:~ at111t10Ci1a1.
~A~
Tu-iOiwl!i
PotSeaFisheriDmoioll.
148 WhoExoo1 TotalIn Jaoan
~e(:>->-oo>o.ors;o.12s
~--01-0-01l.OO1.5411-~O~~
~-~------~000!-- ~~
955iIO_C1 0008 .27M5
~511LOCOI 8--- ;~:
)51~.10!
~t~'-fo-,8!+:~._..:;:!~::
1.!1261
ln"i1l .11no .sra8!
~~~~-~~~-T~~~l~llim~~
iff:~1I~~--~*11--~,~~~
na1!1,&1m 11s.
mIa~,...!..,-~9~02814
coe181erfrom "FoTobia"plY and Demand
""a19tafromTStatistics"ctiahcrl... .
:ll1caupr9ducli co /\o \al pgpul atlon .
149 f,
.r
1
tt Whale Produru £Metric Tgns) Pmdyeticby the I•JN •=
Wh ~jpa Indumy C!966-198Sl
j
•
:t!W• Wha~gg Wlp!£Wild QUI Ita!
I
88,545 180,21 s t1,080 279,140
19 ,7 81,838 168,9 43 12,137 263,618
111,213 16,850 254,829
1968 72,467 156. 766 15,443 223.9 34
1969 135.024
197~ 72.6 04 139,230 15,836 22.7,670
197) 11,7?5 13~,009 16,3 19 223,103
1972 61,196 12 1,926 11,350 1!14,472
1973 50,250 97,921 15,79-4 163.96S
197'4 42 ,794 89.592 13,141 145,527
19H 40,326 74,07:2 12,616 127,014
19i 6 24,518 43,594 9,187 77,299
197t7 21,054 42,473 1,189 71,716
12,827 24,327 S,OOI 42,162
197.9 1,626 19.075 4,105 30.806
7,166 4,540 32,224
1980 20.538
191i'l 5,803 19,701 3,249 21,753
1982 4,616 21,016 2,910 27,713
1913 . 3,015 21,665 1,710 26,990
191~4 2,713 21,0}$ 1,477 25,254
19(:S 2.907 14.81 5 1.564 18,75S
•
I
Nol ~:
• Oihen includewbalo bone or bal=l prod..~ - ltnlln~ .
fUhiDg rods, c:artrld1e'-'.:
11 •
150Annex 105: Government of Japan, “Plan for the Second Phase of the Japanese Whale
Research Program under Special Permit in theAntarctic (JARPAII) –
Monitoring of theAntarctic Ecosystem and Development of New Management
Objectives for Whale Resources”, 2005, SC/57/O1 [not includingAppendices]
STRICTU CO/IlF1ENTIAL UNTILniE OPENTNGPLENARYOFJWC r ,.
SC/57/01
Plan for the Second Phase of the Japanese Whale Research
Progr·amunder Special Permit in tbe Antarctic (JARPA 11)
Monitoring of tbe Antarctic Ecosystem and Development of
New Management Objectives for Whale Resources
GOVERNMENT OP JAPAN
ABSTRACT
The .lnpanese Whale Researc h Program under Specia l Pe1mit C.IARPi\wasrctic
conducted between!)718and 2004/05 au$tral $useason~under Articvrn of the
Lnet.ntn~ lcnvention for the Regulation of Whal1\VC Scientific Committee conducted
aninterim reviof JARPA r.:su1n1997.In January 2005. a JARPA review meeting called by the
Govcmmcn t of Japan \las held.
JARPA provided a wide variety of information on biological parameters of the Anl..1n:ticminke
whale such as the natural mortality coefficient and changes over time in the age at maturity as well
J narrowing down thellmeters of relevance fom:~nagem JARnt. also elucidated tl1at
theren: two stocks in the research area but their geographical boundaries are different from those
used by the \VC'.Furlher. JARPA found that pollutant concentration in wa~heavyssues, such
metals and PCBWM extreme lv low. JARPA has thus successfu ldatrelated to tlte
initiallyposed objectivel;e re\'iew meeting conduc ted 2005aagreed tlt3t results from
JARPA a.- consistent with the belubeoe.'tpectedof baleen whale populations competit1g for
a domimlnsing flo~resource, krill 1be meeting also agreed that the results obtained provide clear
support for the nood to take species-interaction (ecosystt:m) e.llects into :u:count in unden;tanding l.he
dynamics of the baleen whale species in theco~ttc~mand predicting future trends in
their abw1dancc and populntion structure.
Based on these considerations, the Governmenwillaunch n necomprchon.ivsudy
llJtder the Second oftlJap na. ~ehnle Research P.-ogrnm under Special Perrnit in the
Antarctic (.IARPA TI), comb ining non-etha~methods. starting fi·om the 2005/06 aust.-al
summllr Stl:lTh~iirst two seasons (2005/06 :md2006/07) will be dedicate<!to Hmi bility studies.
Thll pr<tcticnbility and appropriateness of sighting methods in the enlarged artlll :md sampling
pmcedures given the incrtlllsed sample size :md additional spccic:swill be exuminlld. Methods for
catching, OensingWking biologica l measurements of Ilu-gebody-sized wh:tlcs will be tested. The
lltll-s.IARPA llwill start.fi·om the 2007/08 season. It will be a long-terwithseareh program
the lbllowio~ject liMv~ntoring oft he AnUtrctic ecosystem, 2) Mode lling competition !lmong
whale species andeloping future managemc:nt objectives.dttlion ofl e:~nrsatial
changes in stock structure and 4) Improving lhc management procedure for the AntaJctic minkc
whale stocks. JAR11will focus on Antarctic minke, humpback and fm whales nnd possibly other
species ie Ant.-trctic ecosystem tl1atare major predators of Antarctic !.Till. Armual sample sizes
for the f111l-scale researcl1(lethal850m(wiU1lO'of allowance) AntMctic tni.nke whales
<Tiastetndiancean and Western South Pacific Stocks), 50 humpback whales (D and £ -Stocks)
and 50 fin whales (Indian Ocea ttand the Western South Pacific Stocks). Dstudy.the feasibility
a maximum annual sample siz850f-10°i>Antarctic minke whalbe sampled. A maximum
oft efiwhales will be sampineach season.1lumpback \\h:Jies will not be t.1ken during the
fe~~si sbdylity
·nurc$earcb methods for the JARPA II arc basically the same as the previous JARPA wjtl1some
modifications . The program involves bofu non-lothlll rcsuchca.sghting surveys.
biopsy sampling, acoustic surveys for prey spo::.icsand tlte collection of oceanographic dnta as well
151 as lethalsamplingsincecollectionof.certaininformativ.itimportancetothe overallstudy,
re<Jui.rs.x:munaiton of intorgan uch :tsovaries, earplugs ;mdslmnaehs.
A comprehensi ve review will be conduc ted tollowing complet ion of11le fir$16 years of the research .
Cmi:st:reportswillbesttbmittedannuallytothelWC/SC.
152co fE TS
I. lntroduction s
rr. ReS(!archba..:kgroum.l 6
I Outline of the JARPA results 6
2. Globalenvironmental changes 8
3. Necessity to improve themall3gc:mentprocedure of Ant.1rcticmink.:wh;destocks 8
m. Research needs and objectives 9
I. R~.:~c ma:dsh 9
2. R~::s ebjreihes 10
1) t\'loniloring of the Anccosysl~:.m 10
I) Monitoting ofwhaJe.abundance trends and biological panuneters 10
fl) Monitoring 1-Tiabundance and the feeding ecology of whales
ll
Ill) Monitoringoftl euffe cfc~ntaminants on cetaceans 11
IV) Monitoring of cetacean hnbitat 11
2) Mod~.: Uom pg.:tn among whale species aml fumanga~.: rbjecites 11
f) Constructing a model of competition wh:nespecies 11
11) New marutgementobjectives including the restoration :c.1n ecosyste11
:1)P.lucidalionoftemp01'aland spatial changes i11stock sttucture 12
4) Improving fuc management procedure for Antarctic minke whale stocks 12
JV. Research meU10d 12
I. Research area 12
2. Rr.:~c peridl1 13
3. Target whale species for lethal sampling 13
4. Survey methods linditems
14
I) !\fonitoringof the Antarctic ecosystem 14
I) Monitoring owhal a~umbncc trends anbiolo Iparn;ct<.:n. 14
II) Momtoringof krill abundance and the feeding ecology of whales 15
Ill)
Monitoring of the effects of contamicetac.e:~ns 15
IV) fonitoringf cetacean h11bitat IS
2) ~loddl ionpetition among whale species and future management objectives 15
l) Constructing a model of competition amongsp~:.-..:ics 15
TT)
New management objectives including the restoration of tllecetacean16cosystem
3) Elucidation of temporaland spatialchanges instock structure 17
4) Improvingthe management procedure fot·Arttarcticminkewhale stock!\ 17
v. Sample size 17
1. Antarctic rninkewhales 17
2. Hwnpback wbalcs 18
3. Finwbal~.:S 18
Vl. Feasibilitystudies 19
I Ncc<.: and otjctives 19
2. Survey petiod 19
3. Stuvcy methods 19
4. Sample sh~e }9
vn. Effect on the stocks 19
Vlll. Researcv~sl s,research organizations and foreign participation 20
I. Research vessels 20
2. Research organintiorl.S 20
:t Participation of foreign scientists 20
lX . !\eccssity oflctha l methods 20
X. Utili7jngexisting data 20
I. Data from commercial whaling
20
2. Data from JARPA 20
XI. Others 20
). Processing of whale samples 20
Report to the l\VC Scientific Committee
2. 20
:1.Whale killing methods 21
153 XII. References 21
APPENDICES
Appendix 1Compositionofbalccn whalespecies in the Jn:s~ .n:aar~cihiatsuoka, Taka.shi
Jlakamadaand Shigetosl1iNishiwaJd. 25
Appendix 2. '-''ltat has happenedto the Antarcticntinke whalestocks? - An interpretationof resultsfrom
JARPA- Yoshihiro P4jise, lliroshi Hat.anakaOh~umiiji 37
Appendix 3Temporaland spatial chainstocks1ructureof baleenwhalespecies in the Antarcticfeeding
grolmds- Luis A. Pasteneand NaohisaKanda 53
Appendix4. Monitoring of environmentalpollut·ants in cetaceans andthe maritheAntarcticin
Oce:m and the westernNorth Paciftc Ocean.Y<!suaga <mel oshi.hiroFujise 57
ppendix 5. }{ypotheses on tbe abundance changes of krill predators in the Antarclic eco!lystem. -Hiroshi
Halanaka 61
1\ppendixG.Samplesizes of Antarctic minke, humpbackand fin whales requiredfor statistical e.xamination
of y1.:arlytrebiolog pa.am<~trs.-TakeharuBando.Talu1Si.akamacla,RyokoZc::nitani,
YoshihimFujise, Eiji Tan:ll:aand HideltiroKato. 6:>
Appendix 7. Samplesizeof Antarcticminkewhale for the purpose of monitoringyearlytrendofblubbcr
thickness.- Kenji Konishi, Takashi Hakamadaand 'fsutomuTamura 75
Appendix8. Samplesize required forgeneticmark-recapturemethodto monitor pop·ulationtrend. -N<10hisa
Kandu 77
Appendix9. .EJJecton the stockof the catchesby JARPA lLi aknmadahH 81
154L lNTRODLICTION
to 1982.the IWC adopted the moratorium on coJnrna-cialwhalingon lhugrounds of insu.fficientscientific
knowledgeconcerning whales. The Government of Japan lodged an objection, but withdrew it in 1985, and
the 1986187 whaling season marked the last oper;~rcitieonntarctic by Japan. 'lbereafier, aU
commercial whaling inthe i\ntarctic has been suspended to tlus day.
lo ortlcr to 1-scolvc the scic:nti.ficuncataiWilfor tl1cresumption of sustainable whaling,
J:1p3nstarted a rh program, the Japanese Whale ReProgrh :~mr Special Pennit inthe
.-'VItarctic(JARPA). under Article Vlli of the International Conventof\Vh:~ thThing.lation
main purpose was to elucidate biolog.icalparameters of Antarctic minke whales (GOJ, 1987). The program
was launched in 198718austral summer season asa two-year feasibi1987/8andy1988189
~caso n e)f.ll programstacted in the 1989/90 season and itwas a long-tenn program over eighteen yeal'l;,
including thetwo years of feasibility studies. Since all conunerei:1lwhaling had beensuspended inU1c
Antarctic.the world's largestsource of whale resowasin,effect the only comprehensive
rc.~c <rgrac.tat provided a tinle series of useful biologicaland ccologic;ll mfOtmationfor the
man:~gc ofehnle stocks in t11eAntarctic.
'Tile!WC Scientific Committee conducted an interim review ofin1997 (l\VC, 1998). Itwas
agreed U1atinformution from JARPAhas the potential to improw the mnnngemt:nt of Antarctic minke
whales.
In January 2005, a review meeting owasAhosted J~pn rn1,ichscientists from various
countries participated. JARP/\ provided a wide variety of infonnation on biological parameterssuch as the
natuml mortalit)'coctJicicnt and changes over timeat maturity as well as narrowing clownthe
purametC1'o8r relevance for stock management. The program had also t:lucidated that there are two stocks in
U1eresearch area but the geographical boundaries between ti1esestocks arcu.~fedthet from those
1\VCto manage baleen whale sp;;:ciesin the Antarctic. Furtber, JARPA found that poll11tantconcentration in
whale tissues, such as heavy mct.als and PCBs. was extremely low. JARPJ\ has tliUSsuccessfully obtained
d.1tarotated to ti1oinitially proposed objectives. It is considered that the results will greatly contribute to ti1e
rational managemoftthe Antarctic minkc whale stocks.
'01eefl'ectof worldwideclimate changes, including gloibecoming apparent in the Antarctic
Ocean. Elucidating the impacts ofthe;e changes requires monitoring oftl1e Antarctic marine ecosystem.
·n1cresu lft~e JARPA sighting surveys indicate a rapid recovery of the once dt.:pletcdhumpback md fm
whales. whilethe increasing trend in abundance of Antarctic minke whales. tl1athad been indicatedafter
oUwr larger halwhaleswere substantidccre r.:srlopi!st over bunting , haltedThese
l'esultssuggest the possibilitythat the composition of baleen whales in to undergo acticis sta11:ing
major shift at tl1e present time,
Again tebackdropofU1e-se cl1angesin the AncoHyst., U1eGovernment uf Japan wilt launch a
newcompl'chensivesll.1dyunder the Second Phase oftbe Japanese WhProgram under Special
Permitin tl1eAntarctic (JARPA 11), combining leillal anclnon-leth;1l methods, starting from tl1e2005/06
auJ~ umraersc.:~ ThofuSttwo seasons (2005/06 and 2006/07) willbe dedicated to feasibility studies.
'TI1full-scale JARPA ITwillstart from tltc2007/08 season. It :long-tenn research program
focused on Antarcth:minke, humpback and fin whalessela~and possibly o~pec inhes
Antarcticecosystem U1atare major predators of An(EuphausiasuperbaJARPA II intends to
monitor the quantitntive and qualitative changes of importantspecies ofwhnlt:s. pinnipeds and possibly sen
birds. nnd titeenvironmental fnctors surrounding titoconstruct ncompetition model among
whalespecies based on the data obtained. JARPA lllhus :1inlsto est<~bnutltifahewe
:mdimproved management system for whales based on the ecosystem approach.
Initially, there were as many as 200,000 blue whaltlSin lhe Antarctic. but their 011mberwas greatly reduced
by over-hunting. and their take wasb:mned in 1964. After f01tyyears. howevelc~tsanystill number
2,000and arfrfrom reasonably recovt:red(13ranch el a/., 2004). Cert:.inly thebumpoockand possibly also
ti1cfin whales, on tl1cotlH!!'hand. although they too had beengreatly reduced in number and ti1cirtake also
subsequently banned.lmve made appreciablerecoveries in recent years. In Area IV of tl1e AntarcticOce;m,
U1erehave been as many sightings of the humpback as oi'OlCi\ntarctic minkelaLo2004).hikawa
We should consider a management scheme that will provide fory of blue whales.
155 In 1992, the Revised Management Procedure (RiV1P)was comp leted by the Sc.icntificItwasittee.
adopted by the IWC in 1994 asthe procedure to be used in futur e wh~lirci(WgC, 1995).
Howe ver witl1the exc eption of whaling operations c<m-icdout by Nonva y. which has lodged an objection to
theommercial whaling moratorium , it has not becm impkment;;<l after twelve years since its completion.
Some aspecb; of the RMP requimpr vemnel~because it has become cleal'during the twe lve years that the
currenl 1ormulati of the Rl'vlPcould make the impleme nl.lltion process ;i.l.mIn.JARPA li ,e .
better estimates of the Maxim um.Su..qtainablcYield rate fl'v!S\"R), which is an impo1tant parameter for
improving the RMP , will be oblllinenewAdefinitions of the management areas based on stock
information wiUbe dewloped . 'flus in1onnisimportant for the improvement. Rlv!.:.mdits
im-plementation .
The Govem01en t of Norway itnds to dwe lop a management procedure ba$ed on the ecosystem approach
in anff01t to control the size of marine m:unmal populations given their imt>acton ·fishery re;;ources
(Ministr y of fisheries , 2004). The U.S. govenunent implements a fishary lll'dninthe Beringme
Sea a.nd the Gulf of Alaska that takes into consid eration tl1esecuring of prey for marine mammals (No1th
Pacific Fishery M1nagement Council, 2003 ). Japan also has been active in multi -species managem ent
through the implementation of U1eJapanese Wl1ale Research Program under Specia l Permit in the North
Pacifi c, Phll (.TA.NPm. and is working to devdop a more accura te ma:n;1gementsys tem for fishery
re:>ou.rces using data obtained fi·omll.RPN
Looking to the fhturc, the IWC wiU need to coamulti-specieman~gemc aproac h in the Antarctic
Ocean, whicl1as the world 's largest wha Jeresources. for the conser vi.n~etuse of thes e
resources. Multi- spec-ies managem ent also should allow for tho recovery of depleted whale species. JARPA
Jshould make great contributi ons towards this goa l.
TI. RESEARCH BACKGRO UND
1. Outline JARPA results
A~mentioned earlier, JARP A was launched in the·austral smnmeof 1987/88. TI1e Antarctic minkc
whale was the only whale species th:1twas still commer cially harvested immediat ely prior to that time. but
the uncertaintie s ofthe biological parameter s1980sto calculate catch lJUolas tmder Ute New
Manasernent Procedure (NMP) were tho target of much criticism at the TWC Scientific Tin~tttee.
the ma.in objectiw of the JARP A program was to estimate biological panunet;;rs , including the natural
mortality coefticie nl required for the effect ive management of this species. The second object ive was to
elucidate the role of cetaceans in the Antarctic ecosystem, ,and lo this end survtoest.imatecluded
the abundance of each whale speci es and the diet oflhe Antarctic minke whale-, which was the most
abundant ancl hent:e chosoo as represen tative ofbalecm whal;; species. lbe program was to be implemented
over eightee n years (including two years as feas ibility studies) a.nd to cover Areas TVand V with a sampl ing
of300 ± 10% Antarctic minke wba l;;s froArt;ci:alternate years (GOJ, 1987).
l11e efforts of the IWC Scientific Committee then shifted to tl1ecomp letion of an RMP, which was finished
in 1992. 11w key factors of the RMP ;u·c abundanc e estimatesstuclr~,and M'lYR takes on much
of tl1e role played previousl)•l;ry natura l moitaJity . In tl1emeantime , environmental changes such as global
wanning and the ozone hole became worldwide concerns . and irtterest in their effect s on cetaceans grew in
thrwc. Inresponse . Japan added the cltlcidation of mink e whale stock structure and the c1fccts of
envimnm ental changes on cetacean s to the research objJARPJ\sfi·om the 1995/1996 austral
summer season (GOJ, 1995) . The research are~:xpan tdinclude the t:astcm pari oliland the
wes te1pottion of Area VI willadditional sampling of 100 110%w hales. JARP A was thus continued
witb Jsample size 400= 10% and ended in March 2005.
Much lu1s b;;en achieve.ARPA. 'f11eIWC Scientiti.c Cotmnittee conducted an interim review in 1997,
andevaluated the program as shown below (IWC, 1998):
i'JARPA hn~alreadymade amajorcontributiontotmderslandin8certainbiologicalparcm1el(e.g.direct
rnemu res of the age at smaturil pertaining to minke whalinJlrens 1V and II. yetana~e )'ss
have notfil ad~ressed potential problems related to stock stmcture.'.
ii'Under the objective ofe luctdating the role oj minke whales in the Antarctic ecosystem../ARPA has
collecteddataon bodyconditionthai11conjuncttowiththedataonbiologicalpommeters.sholJJ1·esultin
6
156em1mpro,oeunder.sltmdmguftstu/ 1f~inke whales m th&e .-lretls.Thes.liketobe usefum
te.\tmg ,·arimuhypothesesrelapsec~of the 'knll.\1trplus'moclel.'
111'Under theoltn-eof elucidation a[rheeffe.ctsof em·tronmemal change on JStaceans, there
con,ftderablew1certamty m how biologicalparameterw/l(mmt/y\.tlin relation to
envfronmemal change.Therefore. moreisneeded ro deloelopmeso-scaleshtdte.sto integratephystcal
and biological oceanographyandprey distribution whalestutlies'
The results ofJARPA were alsoevaluatedinrhefollowing manner:
7'her~u~sofJARPA. w/uleno/ requiredfor managementunder theUMP.hapolentlto 1mpro\'ethe
managemencofminke whales inthe SouthernHemisphere in rhefo llmving ways:a) reductionsintheC1trrenr
setoflpcm~ e/clnariosconsideredinimplementation Smwlation t rials:and bi identificationofnew
scenariostohichfuture ImplementationSimulationTrials 10bedeveloped(e.g. the remporal
component of stockstntcture)'.
'Thereultofanalyses·ofJARPII datacouldbe nsedperhaps to the allowedcatch qfe whale.,
m 1hesouthern hemisphere witho1#increasing the depletion riskabove the levelLingic·utedby the e.l:is
lmplememarionSimulationTrialsofRll·for these miw/wles'.
·n,e IWC ScienliJicCornrnilleewill review theresu lts of JARPA lollowing the 2005 AnnualMec.:tin,g Prior
to IJ1ismeeting, the Government of .lapanhas held a JARP/\ Review meeti~otJ1atthey 2005
rt:SultsfiJARPA can be taken inlo account intl1JARPA IT. TI1cJARPA results can be
summari7.e:~fllows.
Regarding!he estimation of biological parameters, improvedage data have been obtained and age
compo31tiondAtatlretl~ ttet'ck structure have been collected. Sighting infonnation. collected along
witllthese biological data. has not sho\vnically significant change in minkewhale abund.1nce. The
natw·at mortality coefficient of the Antarctic minke whale has bec:ncalculated usingthe planned Tanaka's
method (Tan.1ka.1990)and UteADAPTVPA as well, and fount\= 0.05 for T11ns ethod
(Tanlk:Jlul., 2005) ami0.05-0.08 for ADAPT VPA (Mori and Butterworth.2005 eal.,itakado
2005)As for the age at slaturity, it was found that ithad chnngcd to eight years old inthe late 1970s
from clovento twelve in the late 1940s(Kato. 1987:Cooke eral., 1997:TI10msoneral., 1999). This result
would probably be an importantone to elucidate the reason for the earlier likely rapid increaseof minke
whales.
A3 for tht:rc:sear<:hon lht:rolt:of cetaceans in !he eco:nalym.os~b:.tsmach conlt:ntof
Ant.1rcticminkc whales were conducted by evaluating the weight of thestomach in relation to the weight of
the whale. lt wa.s1ounclthat U1edaily amountof krill consumed by one minkewhale was 200 to 300 kg,
(corrcspouding3to 5% of body weight). Titeyearly amount consumed bycinkc whales in
ArealV was ()stimatobe 1,740,000 to 1,930.000 tons.etoabout30~ .fl1e rough krill biomass
estimate in lhat Area(Tamura and Konishi. 2005). Also a halt, after the 1980s, in U1c b·cnd of whales to
hecomosexl,lallymil;~ytunger age (Zenitanj ;mdKato. 2incre cia~geaLphysical maturity
(Bundoelal.•2005) and a decrease inthickberOchum ielnl.. 1997; Konishi and Tamw·a, 2005)
have beer~:po . r.sraliancoastalsu1veysas weJARPA resulhnw conf u~o UJd;~npback
whales;areinl'I'Curprisingly rapidly;assessments cumbining :tlllh e data (Johnston and Butterworth,
2005)indicaturn.1abut~e oatncsocks in AreasTVand V to be opproaehing20.000, with the Area
IVstock soon to reach its pre·e.xploitationabundanct:. Sightingsurveys during JARPA have also found that
there arc some 9,000 fin whales. Their distl'ihutionrange has also .trongly indicatings
iner:1si~omp~:~ atitgtoewhale species for krill in that region (Appenc.lic{)lsami2).
Intl1cJARPAReview meeting. itwas agreed that. vic.·reslufi·oJI\RPA are consistent with
the behavior to be expected of bal:opulations competing for a dominantsingle fokrillsource,
Surveys on the effect of environmentalchanges on cemceans indicated U1atpollutant concentration such as
heavy met.1sl and PCBs in whales can be used as indicators of global conuunination. It was also lound that
pollutant ooncent1in whales inthe Antarcte~"trslelme\c~mpared with common rninkewhales
in U1e 'orthem Hcmil!pc.d lhat then: was a declining trend insuch concentrJtion in recent years
(Fujise et ul.. 1997: Yasunaga et al., 2005).
With regard stock structure ofthe Antarctic minkewhale. resultsof the analyses basedon mtDNA haYe
been rep01tedannually to the ScientificCommittee. The Committee had notedthat only preliminary
7
157 conclus aio1ns~ock structurt: can be drtrustage a;ndthat more concrete conclusions will be 11ble
to be made follo·wingthe comple tion of different analyses. It further suppotted Utesugges tion that additional
analys ~;n: lternative groupingsanaly tmehods shouiO be conduct(IWC, 2003).
Tthas been rec.osnized that the most effective way to address questions on stock idrc~mllsisto conside r
fr()msevera l techniques: gen<:tics and non-genetics (Donov:m, 1991: Perr in, 2001; Rugh eta/. , 2003).
Tnresponse, dte study on stock structure under dte.TARPA was extended by using severa l biological markers
(genetic and non-genetic) and more detailed groupings of samples. 'lhese approacht:s were used for
examining samples ofJARPJ\ from 1987/88 to 2003/0resud l·r~presented to the .TARPAReview
Mt:eting (Pastene et al.. 2005a).
Results from the diffe:rent approaches showed simi tarpattems and were consistent in rega1·dto the hypothesis
oftwo stocks in the JARPArcse arch area. Probably thcsc stocks arc related to th~esternareas in
Indian Ocean a.ndwester!\ Soutlt Pacific Ocean, respectively. A soft boundary between stocks at 165"E has
cons~-qu be;nnUrposed for managt:mcnl purposes . Names have bt:en proposed for thesth~wo stouks:
Eastem Jndiat1Ocean Stock (1-Stock) and, the Western South Pacific ()cea11Stock (P-Stock). It should be
noted that the pattern of stock structure found isnot consistent with the traditionallWC boundary between
Area I~;and V.
2. Global envir-onmenta l changes
Various phenomena caused by global warming have been obst:rved recently worldwide, including freq11en1
tloods, receding artd diminishing glaciet-s,ri$e in seawater temperature and cl11c1·eisbleachiJtg.
concem in the Arctic regarding the effect of melting ice on marine mammals , including the polar bear
(Hassol . 2004). Air and seawater temperatures have tisen inthe Antarctic, resulting in the major break-up of
UteLarsen Ice Shelf in 2002 11le rise in temperature is particularly evident in the Antarctic Peninsula,
where it has risen byuch as 5 degrees Celsius in winter, and the receding iacshift insed
penguin species distributionall el a/.. 2004).
foutther, it has been reported that Antarctic krill abundance in the south western Atlantic has been reduced hy
80%drom the level in 1970s due tri~icseawater temperatu re (Atk.eta!.2004). TnAn:asIV and
V, which are covered J\RPA. dterha ~een no cle3r indication of any connection between the rise in sea
water temperat ure thd~ecreasofkri l~tw~ ;:not rulr.:Ut~pos:ibility tl1atsuch a phenomenon
may occurinUte entire Antarctic Ocean inthe future.
Major cnvironmcn taJ ch:mges asglobalw~Jmin mgay greatly affect krill reproduction in d1cAntarctic
Ocean and thus cltangc the carry ing capacity for cetacean species, as well as altering l11ebehaviour and
habits of other krill predators.
It is Utcrc::foreneet:s.sary to promote surveys of global marine c::cosystcmsincluding tl\e polar regions such as
the Antarctic, well as research on and the collection of data about the effects on the marine ecosystem and
OJ\possible futurt: chaneco~tfyess'J1:us because the efrects of gJobanmenta) ch,;ingeare
unlikely to be limited to UteAntarctic Ocean :1ndwill affect all the world's oceans.
In addition to g1wanni ng, it.is important to monitor environmt:ntal contaminants such as mercury and
PCBs on a global scale since they are dispen;ed worldwide. Organoch lorines. heavy metals and other highly
residual pollutants spread worldwide, onrc1-cleascdinto the atmosphere . anaccurate
acCOlmtof globaLcontamination by these pollutants and to predict future contamination , it is nr;:cessaryto
idenliJYtheir temporal aud spatial behaviour . l11e monitoring of contamination levels in Uteatmosphere and
seawater is important as a direct mt:thod, but Uteamount in tlte environme nt is generally extremely low.
However ...cc1tain kinpollut wailtehighly concentrated in top predators of the food web. It is
necessary , thcrefort:,estigate::UtepaUem of pollutant accumulation in the top predators themsel ves and
foexam ine how they are-biologically affected in order to determine the effect of the contaminants.
3..N(e·.iysto impro ve l.he implement ation ofm;m11gement procedur e on Antar ctic mink ew bale
stocks
Although the IWC Scientiiic Committt:e completed the Revised Managemen t Procedurt: for Uteregulation of
commercia l whaling in 1992 (1\VC, 1993), with the exceptio n of operations carried out hy Norway that has
lodgedan objection, whaling based on the RMP has not been rtrusday. ThRt-,1is overly
concerned with the protcction of whale stocks and thus too conservative in terms of rational utilization of
8
158rcsourc<..."Sl!tockhypotheses, tuninglevels.MSYR and otherpardmetersarcconscrv::~tively
becauseof argueduncel'tlintbiolo Iunde~stlnding. One ofdeficie ofheieM.~is the large
variation incatch quotas dcpon such choices, and 3.!,'fdtillicult lo achieve as shown in the
caseof Rl'viPimpleme:ntationsimulationtrialsfot·Notth Pacific commonminke whales (TWC, 2004). It is
thereforef primaimport: :concuctresearch that willreduce the range of tmcatainlics insuch
factors, as is the aim of JARPA II.
Furfuermore,aiUlOUgthm:~t hasrotyetbeentakenup at trwc, Ulenecessityof a multi-Sp()cies
management approach hasbet:n recognizedworldwide, and some such approachesare alrea1ein place in t1
U.S.and Norway(North PneificFishMlnlg~mcn tCounciL2002Ministry of Fisher2004)Mllny
baleenwhales commonlyconsumekriint11eAntarcticecosystem, and assl<rtedabove,results fromJARPA
arc consistent with the behaviourto be expected of baleenwhale populationscompetingfor a dominant
single tood resource,ktill. Therefore, it is neIWC,as well as its membercountries, to
developa managementmethodbased on multi-species models.
ill .RESEARCH NEED AND OBJECTIVES
l. Research need
''e largecetaceancommunity in the Antal'ctic has historically undergoneextensive changes and anotlwr
major lransitjon has bt:cntakiinrecent years, \\ ith U1erecoveryof some whale speciesfrom pas!
over-hunting.Tnaddition, significant globalenvironmentalchanges that have the potentialto affect whale
populationsTeoccurring.
fnview of the above, there isa need to systematically monitol·changes of environmental con.ditions inthe
Antarcticover the long-te.rm, as well as changesofbiological parametersand changes in the abundanceof
cetaceans inhabit-ingthe Antarctic Ocean. There is also a need to monitorhow cetaceansadapt to global
warming and theshills iCo~:osys stccure caused byhum;mactivitiesso as toprovide scicntilic basis
forthe comprehensivemanagementof whale stocks. employing control of whale populationsif needs be.
More than fortyyears have gone by since the severedecline in thesizcopulation,but this
spec iemai~s at a low level of abundanceeven though some increase has recentlybeenconfi1med. 1l1ere
is a possibilitythat their nichehas alreadybeen mostly taken over by Antarcticminke and other whale
$Jleciesthat have beenshowing an incl'easingtreudof nbuodanceinJ'ecent years. To deal with this situation,
which has anthropogenicroots, all managementoptions should be considered.
A~ has beenalready mentioned, JARPA data h;IVeshown that the increasein minke whales has been halted
togeffi· ilh the tcversal inthe :~g11m:~til twitrs youngerae.:~~n3!tendof decreasing
blubber thickness. The hbck and fmwhales, onthe other lumd, have shown a rapid increasein
abundance. In Area I\1, for instance, humpback whale biomassis now much larger than that of the Antarctic
minke whale, indicatingthat'thobalanceamon.gthe whalespecies is in lransitio2004:ikawaera /.,
Appendices land 2). It isnecessary to study and analysethe.qechanges by conductingresearch thatincludes
notonlyminkc whales but also humpback iltldfin whales. Also.the effects of global warmingarc becoming
ilpparent in the Antarcticand we Med to study the effect on tbe <Ipossible.s soon
l11eRMP, which has been developedas a managementprocedure, is basedon a single species management
model,tll11ougJilsuppo~ epdlchle even when carryingcapi increasestwofolllor declh11:Uo
However, the need to a.llowfor such a wide range ty rendersthe RMP overly conservativein its
utilizationof whale resources, ;mdU1iscould beigoodomnlti-w -hp;~cleodt:lswere
developeds a basis upon which to create a betterRitseems plausible that the take of one whale
speciesmay b.we positiveootoUu~recoveryof ;mother, but such processeshave not been incorporilted
intotl1ecun·R1vJ_P
Sincethe ecosystem is tmdergoinga m;tiorshift, we sl10uldhave a bc::ttermanagementtool to achie;:ve
appropriautii~ton of more than oue whale specieswith abetterRMP, as thecmTentRMP is a basically
singlespecies managementmodel.
'('othis end,there is a ilto monitoreetlceahs and val'ious environmenin thei_rhabitats
(populationtrend, biologicalparameterssuch as age at matwity, kril1abundancc, oceanographicenvironment.
etc.); b) to constructa competition modelamong wl1ale species,verifyingvarioushypotltesesbased onthe
dataobtainedby past JARPAand throughfuture monitoring, and c) to establishfuture maniiS'-'tncnl
9
159 n~ject iovnst.ce, it may be possible and desirublc;thrharve,el.~acietgat~he
recovery of blue and fm whales toward the early days when the blue and tin whales were the dominant
specie"Sustain:.bleust.!oftheseraso·~ma~Hg oe~mje cotllbvats.t!by modelUt~t
investigate the effects of takes ofwhal sonal\oUter.
lt is essent.iulforthe construction of such modelsto obtain d<itanol only of the Antarcljc minke but also
humpback andJin whales through trh programs.Theisa need to build an ecosystem modei,
taking due accountof thecompetition forkrill among whale species, based on th<:monitoringdata obtaint.!d
and other inforT, whileutilizing datafrom CCAMLR concerning other kTillpredators.
lnforrn.1tionon stock structure ofthe main whalespecies comprising the Antarcticmarine ecosystem isaho
imp01tantfor a better inter.vretation of the abundtreJlfor estimation of biologicaI
parameters and for U1einlplemwlalion of management procedun:s. The amotmtof information on stock
structure differs among blue, ·fin, humpback and minke whales.
As for1mand bluu whales,i~very lillie infom1ationon thc;irstock structure. The available infoJm<ttion
i.sbased on mark-recapturestudies conducted during tl1eper•iod of cotnlnercial whaling. There is a n.eedto
collect new relevant data, including genetics data, to elucidate the present stock structure in these species and
to1nvestlgatehow the structure may differ from whatlias been postulated in the past. Bothblue andfin
whales have experienced substantjal cbanges in abundMce andsome changes in stock structure might he
expected with tinlc (e.g. cbanges ingeograpbjcal boundaries between stocks).
1\s aresult of JARPA much more iutbrmation on stock structure in the Antarctic teeding ground isnow
availablefor Ant.1rcticminke and humpback whe eta/200S~Pa;~stetale2005b). llowewr .
as note:~h,ovhnges in abundance.with limehave been obst.!rvedinthese two spec.ies and it is possible
Utatsuch changeshave had an cffoct on stock distribution and bo1U1dariefsor thesespecies. Monitoting of
stock status and trends require that thesechanges in stock stn•cturebe investigated. This is important for
Il13nagementpuq,oses. For example c.1tc.hquotas based on stocks will have to be adjusted forshifting stock
boundaries;1erise, thi.the riskoneg~t m pcton the st9ck.
TI1e TC has adopted U1eR.MPforthe regulation of commercial whaling, but it has yet to be appliecl wiU1
Uteexct.!ptionof opt1rationscarrit.!dout by Norway that has lodged an objection. Weneed better estimation of
theMSYR in order·to respondto any concems overthe implementation oftl1eR1viPand to improve its likely
dcliciencjes concerning ine1Iicioolutilization of whale resouSmallAreaslominkeRMP
whales in the Antarctic have bee:nestablished as longitudinal sectors of 10", but at thevery least;.we need to
n:defme appropriate Small Area according to infom1ationon stock structure. Also, another oftht:
deticienc.ies of the currer1tRMP isthe zero catch quota tl1at il turns out when can-yin.gcapacity declines due
to,eompctition among whalespecies. The decrease inabundance caused by the competition is misinterpreted
by the CtuTtNlPas an over-htmtingso that catches arestlltmnt.!cessarilylslso tobepart nt.!t.!ca
improved by the use of more realistic multi-whale-species models.
2. Research objectives
The objectives of Iheresearch program can be summ:1rized into tl1cfollowing four categories. Thefirst two
ye<lwillbespt.!ntonfeasibi.litystudie.',lwhich wil.lbe described inChapter VI.
I) A-fonitoring of the Antarctic ecosystem
As has been already mentioned, the Antarctisundergoinga major change. JARPAll will
monitorthe changes over the years ofvarious environmental variables, prey density and abundance, a.nd
abundances and biological parameters ofUlfee buleertwhales: the Antarctic minke. luunpback and fin whales.
TI1eobtained data ·willbe indicators of changes in the Antarcticecosystem, and the observations and records
willhave a gn:at significanceselves. Approprialt.!utilization andmanagement of whale stocks will
become possible byunderstanding howwhales respond and adapt tochanges itnd ther1vironmer1a
ecosystem structure. "will also be usedior the constructionand oper·ation of a model of competition
among whale species, which is to~jec-otfiveresearch prog1·ru.n
l\ 1110Nl'I'OIUNCOF WHALEAUTRENDSANIJUOLOGICAL1-'ARAMJ;'I'.ER.S
JARPAll will monitor changetheyears in ahund.1nceby mean of sighting surveys, and changes in
recruitmer1l pregnancy rate, a.ge atmaturity and oU1erbiological parameters by sampling swvcy.
lfl
160U)l\10NITORINC OF KRJLL ABUNDA.;EA.fllo> FEED~C £COLOCV OFW11A.L£S
J!\RPA 0 willmonitor the yearly amount of prey consumption and the change in blubber Uticlmcss of
\\hales over thye;tr.1-l.cso-sca le surveys will be conduifpossible. to investigate prey distribution and
:~bund .C 'clccs in the biological environment of whnJcs will be monitored.
DO MONITORING OF TilE EFYECTOFCO:-iTAML'IAJ\jli ON CETACEAN!.
The temporal ami spatial beh;wior of pollutants is global and they become highly oont'f:ntPtethehrough
food web. By investigating top predators including cctacean s. JITwill elucidate tpatternof
contam.i ancu~ulaion ;mdthe eilecls of Utetoxins on Utem. Togctht-'fwillid:~titsaould also give
an accurate p1cturc of global contamination and help predict future trends.
Species unaJl'ectedy coo1llminantareirnporl.dniithe controls for wildlilc studies (1999) and
JARPi\ ITwill collect data on these species in the Antnrc tic Occ:m. Results fromrrwillolso be
Linked willi those obtainedJARPt\ ll in Utewestern NortJt Pacific to elucidate pollutant behavior in
oclace:s using methods of comparative biology. ConcuJTcnl analysis on prey specundenviromnenla l
sampiCJS(air <mdsea waterin bolli the North Pacific and Antarctic will also be c:uTied out in order to
elucidate!U1clons ider pollutlll1t behavior in the marine ecosystem and their global dynamics . Results will be
compared to those obtained in the North Atlaifaccess to lho d;Jta is possible. Rtlccts of these
contamim om thale spec iewiU also be considered using epidemiological. pt1thologicat <mdlox.icologic.1l
methodolo gies. Specific objectives are as follows:
*To elucidate the pallern of pollutant accumulation in whales in the Antarc tic and the w!:!ltem North Pacific,
and the pattem of changes in their biological proces ses:
• To elucidate tlte pollutant behavior in the ma1ine ecosys tems oftl1e Antarctic and the webtem Nmth
Pacific; nnd
"'To elucitbte the biologic.1J effects of pollutant s on toetaceans.
1\'MO'IITOHJ'ICOF n :TACEA.,; IIAIJITAT
1\lonitoring of changin water tcmpar01turc.silinit y, ice and otlter oceanograp hic and mc:tcorologic.JI f:~ctors
willbe conducted . This will make it possible to promptl y note changes in the environment in connect ion
will1U1cecosystem model (the second research objective) and the man3gemcut of minke whale stocks (the
fourth research objec tive).
2)A/ode/lingcompetitionamongwhalespeciesandfuntremanagemenr o~fe n·res
I) CONSTRIJC:TNC: A MODEm C0\'11'\CTITIONAMONC \\llAI.V.Sf'I\ CIES
Titere iastrong indication of competition among whale species in Utercsc3rch nrca. We toeconsider
hypothese!! related to this competition and clarify tlie meofaresource fluctuationbeoable to
construct:model that willshow thedynamics of competitive wh:tlc species to better aUow the susbinnb lc
use of resources in tfutu\'C.
Several hypotheses , including the krill surplus hypothesis nnclthc process or resource increase due to the age
;1lsexual maturity changing lo younge r :1ges will be tested. A model of compe titwnhale specit:S
m corporating U1c:;cresuwillbe constructed.Some dcluils of U1cmodel arc discussed to in Section IV-4-2.
lrNJ,WMANA C£M I!:N1'01\ IECTIVES INCLUDJNC THE RESTORATJONOii'THECETACEAECO~"YSTEM
l.ittle can be achieved by using a single species management sl·omonitorin g the whole ecosysten1
and identifying measuresorthe recovery of depleted cetaceans, in the context of changing cetacean
population balance.anagement objectives and JlOlicies includin g the major whnle species are necessar y.
JARPA n will look into specific matters shown below and contribute to the futw'Cwork of the IWC
Scientific Committee.
*Es tablishing future management objectives
Possiblemanagement objectives or goals would include : maintamin g the presen t condition, in otl1erwords,
prcsc1vingtheexisting relativ e abundances among the whspec e~ promoting relative ablllldances that
f.wour wh3lespecies with high economic value: or acce lerating the recovering of blue and fm whales. The
advantages and disadvantages as well as tltc practicabilit y of allcm:~ng obticvies need to be
considered.
• P.stimatinsurplus production (and hence allowable catch) by species under some of tlte management
objectives.
II
161 Surplus productjon (and hence aUowable catch) under dilTerent suitable management objectives will be
estimated and the advantages and disadvantages examined .
* Contribute towards a multi-whale-species man.1gemenl
fvL11.gemenl strategio:sand tactics to achieve a sel<:ctedmanalomaintain U1atgoal once
achieved will considered .
3)Elucidationof cemporal andspatial changesinstockrstruct-ue
As shown in Appendix 3, there is not sinf~onatt nocun·ent stock stmctu!'eoffin and blue whales
in fuc Antarctic . Most ofthc ain1~rmae ctmeo rom fuc period of commercial whaling and is
based on non-gertetic datdi~;tri obuattcoaedm;ark-recapture). According to that infonnation.
botmdarics among fWC Areas were probably valid fbr blue whales (Donovan, 199, 1942). Inntosh
the case of the lin whale the infonnation obtained in the past suggested a structure based on oceanjc basin.
'f11esespecies have experienced substantial changes in abundance and it is possible tl1atthe currertt stock
structure does not match that described in the past. TI1cresearch objective here is to investigate cum:ut stock
structurend to compal'e it to that suggesten inthe past
i\s indicated in Appendi.the cases of humpback and t\ntarctic minke whales_much more infom1ation
on stock structure in fue Antarctic is now available: for the feedet ul2005a; f>astele
at._2005b ).These species L~aoxperienced changes in abwtdance over the years and therefore temporal
changes in the stock sll·ucture-can be expected o~jec retrtvelo investigatt: shifts in stock
boundaries (or equivalentl y changes of the relative pi'OJ>Ortionosf stocks in mixing areas) on a temporal
(yearly) basis.
Tnthe case of the Antarctic minke whale an additional objective is to investigate Utewestcm boundary of the
East Indian Ocean Stock (Pastene et alThi00bjective will be covered through surveys in an
extended research area (westea TTItobe conducted in the future.
4)Improvingthe managementprocedureforAnfarcticminke whale stocks
JARPA n research objectives will ultimately lead to the improvement of the whale stocbnanagemenl
procedures . In olhc.:rwords, tltu fi.rslobjective willprovidll inJonnation on biological parameters (such as
MS YR) necessal'y for managing the stocks more efficient!)•under a revised RMP, tl1esecond will lead to
examining a multi-species management model fbr the future and fuc third will supply information for
~::Stah mllagementgareas in the Antarctic Ocean.
1\nunrealistic rate of 1% of matw·e female population size was used theimplementation of
the RM.Pon Antarctic minke whules agreed in 1993. Also, because tl1erewas tiule data on stock structure at
UtattimeSmallAreaswere detined by 10° longitudinal sectors, which is also unrealistic. J.nview of the
above,JARPA II wil~Uc:m tpprovide data for U1efollowing improvements :
* Tmpmvement ofMSYR estimates for Antarctic minkc whales:
~ Redefmition of appropriate managAitns~nd1
* Incorporation of effects atising from the inter-species relatiOJ\ships among the whale species. ror instance,
should the carrying capiorfue rninke decline due to competition with oU1erwhale species, minke whale
stocks would still beheir full capac.ity and a robul\t level evert if abundance decreased for U1si reason.
With the currentR 1'fvP, the ca(cb quo!Atfor the foregoing scenario would b<:heavily fbut unnecessaril y)
reduced, even to z.ero; it would fail to function as a realistic basis for management and needs to be improved.
IV.RESEARCH METliOD
1.ResellrCh area
JA.RPA began witlt surveys in Areas IV (70°-l30 .E) and V (130"E-170"'W). From the austral summer
season 1995/96, lhese<lrcharea was extended to include the eastern part of Area Ill (35°-70°E) and U1e
westem pat1 of Area Vl (170"-145"\V). The stock structure of Antarctic minke whales was therefore
invt:Stigated iarespanning 180 degrees in longitude. With regard to UteAntarctic minke whale. it was
found Utal1llere we1·e hvo independent stocks in Uuor:esearch area and a soft boundary at 165°£ (middle of
Area V) was proposed for management. purposes (Pastene et a/.,2005a). To the west oflb.is boundary line,
but especially in AfV. humpback whales have shown" rapid iinrecenyc:a,and h<~ vupassed
12.
162the Anbrclic minkc whale inbiomass. Fin whaleshave alsoshown a rapid increasewith an abundance
etsiat~of about 9.000 animals in Arerrw.(Appendix I). On the other h:rnd.there has been significant
decre..1Sicn blubrickness of theminkc \\haJc..-asnd a rcvcrsaI in th:1maturity toward
younget ages (T!nnCJ(1/..2005: Konishiand Tamura.2005: ZeniiJ!niand Kato. 2005), which strongly
indicatescompetitn among the" hale species in the area.
'l11t;;~ sareomArea V. mostly made up oftl1e Ross Sea. comprises the main area of distribution of the
West South Pacific Stock of Antarcticminke whales. This stock has a remarkablyl:ugc abundance. The
levelorcompetition in this sector might be different from that in 165°1:because some
differences in the temporal trend of some biological parameters of minke whnlc were fow1dbetweenwhales
distribut\H~tandeast of tbis b01md(On ;~e1Cl•l2005). Comparative studies of botasiUbe::w
useful to undcrst.1nd the pattern of competition among whale species.
ll1e :tre;tto be covered byJARPA Il willbasically bastn JARPA: the eastern p:1rtofm,rea
1\rc;IV and V, and Ute western pat1of At•ea VI (35"E- 145"W). Inthefirst year, surveytheill
L::nstlnin Oce: Stock of Antarcticminke whalalongitudin:tlspof140° on the weem side oftbe::
re.u.r~Mhelt(3SuE · 175"E). ln the second yenr, JARPA ITwill survey the We1aci.LicStockin a
longitudinal span5" on the eastesidof the researarea(130"E- 145"\V).Thus. survrepeatithe
wetse; ~egion~ml~lsle :e:in every twoyears (Fig. I).
11te area from 130°F.to 175"F.will becove•·ed cve•·y year, <t<tfollows. AIUte Ji\RPA
Review Meeting,itwas pointedout that exir~a ·sofl boundary'between ll1eE<1tsIndi:m Ocean Stock
(1-Stock) and the \VcstcmSouUtPacific Stock (P-Stoek) of minkc whales in the vicin.itvof I65"E and that
furthersuve::yisn~sar tobt:tterestablish the range over which the stocks mbt. ·n,.;c::forc:i:t.has be::e::n
decidedtosurvey tl1c area fiom 130°E to 175"Eeveryyear inorder to elucidate the pattcm ofstock mi.'i:ing
at that p;uticularsector. lha t is to say. minke whaleswillbe bkentnthe first year and easl of
130"1!intl1esecond.
Regardingh1unpbackwhalt:S.t.he stock boundary between the 0 and Estocks is cum:ntly placed al 130".
l11eD-Stock (breedigroun lclaedoff tlwet~coast of Australia) occurs on the west of the boundary.
LnAreaI\". whiletheE-Stock(breedinggroWldslocated 1cast coast of Australidi~tri o te cd
ea.t inJ\reoV (TWC.2001).11tis boundary also applies to finwhale stock!.: the IndianOcean Stock occurs
on the wc.tf 130°E and the Pacific Stock on the east. However, some mi.xingon the feedinggrounds
between the two humpback:stocks has beenpostulatedpnsl.and is supported by mark returndata. The
D stock iscurrently estimatedto return to its pristine abundanctOyea1'S(Johnston and
Butlcrworth. 2005). providingdealopportWlily which should not betogameunderstanding of the
dynamics ofth e population and howbiological parameter values change in suchciNumstanr.s. while the
slm.:kwhich is s:tln;lalivcly lolcvcservesi!a control.
Intlte RosSeaespe.:iallacomp•·ehensive ecosysten1suJVmes-asc Je~urvey) might be conducted,if
possible.
2.Rcs!'archpct·iod
JARPA 11wilstarinthe2005/06seasonanclthefustwo se:1sons :tre the feasib1bty slltdy. investigating U1e
feasibility and practicability of sighting and sampling survey methods.
Full-sc;tle research will commence f2007/08seasonand:t period ofsi.x years (including two years of
feasibility study) has been established as ph~ae.sAI tlte end of t11siphase, a review will be held
and revisions made to tl1e pifrequired.
3. Target whale species for letbal sampiing
The species lobe caught for research purposeAnl;~rthminki:ch(llesof the Eastern IndianOcean
and \Vestem South Pacific Stocks; humpback whales of the 0 and [!Jinwhales ofU1e Indian
Ocean and the Western Soutb Pncific Stocks.
ViewedO\"crall,sampling of tllcthree species in two Arensprovides nn important opportunity to gnin insight
into01ed)namics of whale and intc:r-spe::ciecsompt:tition througl1comparative an.1lysis. ln Area IV, minke
\\hales madecro n~eeponse to competition.recovery of hum\1hales may soon slowas they
approach their pristine level and fin whales areRyncontrast in Area V. there is less evidence of
m:gative impactsomink w~h:lesat present.humpbacks are at a relatively lesserproportion of their pristine
13
163 ab11ml'lnctehan in Area IV, and hence togel.her with fm whales seem likely to conl.inueto increase. Thus Ihe
different comparisons possible across species and Areas provide impotiant potential insights into whale
dynamics, andOflSC((Uetypropriate management actions for sUstainableuliliz;ttion.
~.Sury vmeethods and items
Sighting and sampling metl10dsare planned as described below. "l1teit practicability andsuitability wlll be
examim:din the feasibility studies, after whicimprov wan:changed am:c~.- .ssary
* Sighting sutvey method
As agcncraJ nde, the surveys will cover areas south of 6wilbe divided into si.xsectors
(eastern Areaill, western AreillV, easrv,west~aArea V,eastA ~;~;r;nad western Area VI).
A>a gencralt1lle the four sectors on th(estem Area ill. westem Area IV, eastern /\rea IV, ;md
western Area V) wiUbe surveyed in the first year<mdthethree et~tsdt(westem Are ~,
castcm Area V and western Area Vl) ittthesecond year. After thefirst twoyears. J/\RPI\ll will cover the
survey area alternately. '11tese sectors will be divided further into southern and northern strata, over which
surveys will be conducted using two dedicated sighting vessels, basicallyemploying the method used in
SOWER However. JJ\RPA II will record sightings of seals and possibly other krillpredators in additions to
whales.
* Sampling method
Three samplingisighting vessels wemployed. Antarctic minkewhales will betaken in the area south of
62°S. Density indexof Anl<trcticmink.ewhales based on sighting chltafrom JARPA is low in the latitudinal
band between60°S and 62°S (less than 10%of the whole latitudinal range). ll1is indicates that sampling of
Antarctic minke whales inthis latitudinal band has a low importance. /\s desctibed in section fV-1 above, the
longitudin;tlsector from 35"E to 175"E wilJbe stratified and surveyed in tlte lirst year and lhatfrom 130"E
to 145'>Win the second year. Smvey coul'!!eswill be establitran~bymechldas in .1/\RPA.
A maxirmun of two minke whales per sihgt~w;ilde taken byrandom sampling. Humpback and fin
whales will betaken bythe same methodas for the Antarcticminke whale.
Analyticalmethods by research objective are shown below.
1I Atfonitoafthe Antarccecor~tJem
In monitoring whalesand habitat conditions, it is very important to deled ilpossible. as soon
identify the factors and preetl' tecth~stocks, and to pmvide infonnat.ionnecessmy for the
developmentof <tppropriatemanagement policies. D11tacollected by the JARPAprog1am were for Ue
putl'oseof estimating biological parameters of minke whale stocks, but theyincluded useful monitormg
items_ lllUs, inorder to secw·econtinuity with the data collected inJARPA_we will continue to monitor tl1e
following:
f) MONITORlNC OF WHALEABUNDANCETR.EANDBJOLOCICALPARAMETERS
According to the results of .IARPA theCllrrentabundanceof Ant,,rcticminke t.thes migmting
researcl1area shows no statistically detectable trend. However. as mentioned earlier. the trend ofthc ngcat
sexual maturity toward yotmger a.ges has h;dted ;mdbhtbberdecreaeswseihm:~ aiTect
recruitmen<~nadundance in thefuture. JARPA 11intends to ducidnteie changes inminke whale
stocks by cmrying out sighting surveys and by estin1atingparameters. includingrecruitment and mortality.
withpopulation demogr:1phicmodel analyses such as VPA. '!11iswill alsoserve to monitor possible c.hanges
incanying capacity.
JARPAll will monitor chanintl1eages (IIsexual and physical m<tlurity.pregnancy rate. blubber
thickness and otl1c1i·tems using the whalessampled it1the pmgrarn. Analysis oftlte JARPA data has
indicate({that U1eearlier decreag~atm;aturity of Antarctic minke whales has either nowstabilized
or even reversed. Changes intl1jsbiological parameter at'econsidcrcd tobe a keyfactor inunderstanding
rninke whalestock abundanoe trends. JARPAll will, tlterefore,elucidate qualitative changes in the stocks
byfocusing analyses on mature whales, which are directly involved in reproduction, through tl1emonitoring
of changes in tlu:age atsexual maturity.r<~,tt.\cy
Tnorder to monitor changes inthe level of genetic diversity over time, .TARPAJI will examine tl1etemporal
variation of key genetic indices: lhenwuber ofmtDNA haplotypus and nucleotide diversity, the number of
14
164microsatellitc alldes per locus and the level of m:t}gosity. Changt.im.lntofc~
genetic diverSitbeused as a rough index for abva:i~tsion
Ul MONITORING OF KRILL ABUNDANCEANDTHE FEEDii"'GECOJ.OGY Of'W1iAL£S
As inJ RPA.stomach content and weight willbe examined by direcpru1from identification
of the prspeic~:od.lt:ngthand grow1hstagbe inetg:~t frkrilinthe stomachs and for !hose
obtained by net samprnthis way prey species and prey size selectivity by whalesc;tn be investigated.
.TARPAllwilalso monitor the changes incon~umpt cilua.ed by stomach content weight and
basal mt:t<tbolismr.ttt:.as JARPA.m: in
01:~ng innstritional condition, including mef3tnesgirth :tndblubber Uucwilbe
monitoren.i~JARPA. Preyavailability will be eva!U:tted by comparing the nutritional condition of whales
with ocennog1'aphicconditions and infonnation onprey.
At the mid·ltreview of .IARPA held in 1neec.~voianecos t~ss:ren at themeso-scale level
wnspointed o(1\VC. 1998In th2004105JARPA,KctiyoMct/he t:escavcs o~te lpMesc
Fisheries Agency, conducted ecosystem suJVcyslinked with sampling surMan1fleet. Intsshm
Phase II, if possible, tl1e habitat environment ofwh1tleswill be monitored nndalso the biomass of lower
trophic level species will be surveyed once every two or three ye:u-susing an cellosounder.
Ill) MON ITORING OF 1'1Io~CONTAM INANTS ON CETACI•:ANS (~~'t't\NI)IX
·n1c Antarctic is :1remote area, far from lhc middle la~orthc Hcnmi~p,owchceis tho
main source or pollutants including org<lltochlorines.'J'consida\eceelminus of
global contaminat.iotLand therefore monitoring of the area is in1portantin considering future global
conumination. 'lh; area also has sas acontrolregion for considering effeoonct~
cetaceans in the Not1hPacific.which is close to the contaminationsoun:es. Monitoring will be done with
U1cfollowing points in mind:
• Elucidation of changes in pollutant accumulation in cetacennsof the Antarctic Ocean and the western
North Pacific and tltcirbiological processes;
• F.luctdation of pollutant behavior in Utemarineecosystem of the Antarctic and tl1cwcstem North Pacific;
and
• Elucidation ofU1ebiological polluts~nnctetace.an~
ln the Ant.1rcticOcean (a non-contaminated area), JARPA U intends to examine the distributwn and
behaviorofcontaminants such as organochlorines and heavy metals incetaceans that are at the top trophic
level1ndlhcir prey. together with those in Lhemarine ecosyspilfrom the enviromnenl
suchalof air and of soo water. Data will be eompared inthe westem No1thPacitic (a
contami.na;~r;).We \ill acoll ack:rund readings on the biological dlccts of pollutants on wild
animals in UteAntarelic Ocean and in the western North Pacilic, andg:tlherdata on Lhethresholds of toxic
effects tlu-oughemental toxicological research and pathological monitoring. Also, thedatn obtained
will bcomp; ~ teddta on minke whinthe western North Atl:mtic. if possible.
l\'l MONITOIUNC OJ"CJ£'fAC'TANIJAUJ'JA
Oco:mographic and metoorolobserva wilbe a~ic:J out whileTnonitoringthe envirtmment,
including sen ice, swface lemperatw·e, sea swface heiga.concentration te1entire
research art:a, using sateJARPAdUwill invt:Stigatc;the relationships bet\Vt:t:noceanographic data
and species distribution. including cetaceans, by real-time or time series analysis. JARPA11also intends to
:tctively cooperate withinternational organizations and projects on oce:tnogr:tphic surveys.
2JAlodellmgcompetuionamongw/lspecieandfoture managementohjecttves
l)CO.NS'fRUCTINC Al\100£1. OJICOJ\li'£TITIO.NAMONC \VJJALESl'I::CLES
JARPA IJwiJJlest several hypotheses e.xplainingchanges inabundancsp~cieisthe whale
Antarctic ecosystem (i.e. blue_filLhumpback, and Antnreticminkc whales that prey on Antarctic krill soutl1
of60°S)aod aim to construct a model thatsimulates their cbMges. l11t:model is caUt:da "model of
competition among whale species". The following sets out the concepts underlying tlte model and related
hypotheses {Appendix6).
CONCI>P1S OJo1'11£ MOJ>til..
Regionssouth of 6inth ~ntarctic havt a high bio-productivity and are rich in Antarctic krill. They are
the major feeding grounds of large whales such as blue, fin, ltuntpback and Antarctic minkc \'hales. The
carrying capacity of whalespecies depends on the available biomass of krill.
15
165 Beforethe start of commercial whalingin 1904, all whnJestocks were at U1elevel of fullc,rrying cap:1city
with a balancemaintainedamongwhale species(1- Hyp1sis of constantoverallcarryingcnpacity).
\Vhalingfrrstbegan the blne whale. the l.1rgestspecies yielding the greatestoil production, and the:
humpbackwhale that was a species relativelyeasy toll~ulevel of catchesonthesetwo speciG'S
inereasetlrapidly and lhe stoch weregreatlydiminished. Next, whnlingmoved on to fm whalesin the mid
1930s,and the stocks of this specieswere aIso severely depleted. l11e aubstantial ••eductionin abundance of
thesespecit, whichan: importantcompom:ntsof the ecosystem, r.:sulled in a substantialsurplus ofkrill (2-
Krillswpl ~hypotlwsis).
Becauseof its sm;tllsize and l.itnitedoil output, AntaTcticminke whale wasnot exploitedat tl1attime. They
fed on the sw-pluskrIIand rapidly increasedtheir abundance, with the age at sexuaImaturitychangingto
yotmger agc:s(2- Hypothc:sisof krill surplusand 3 - Hypotl1esisof chancapgci~yby species).
111ec atch of humpback, blue anwhal e ~s bannedin 1963, 1964 and 1976, respectively. The age at
st:xualmaturity sh.iJkdto youngllr agehumpbthckand fiwhalesand ~n im:reasingtrunciin tht'-ir
abundancehas becomeapparent in recent years. Uumpbackwhalegnow suq>ass t11eAntafcticmi.nkewhales
in biomassin AreaIV (4- Hypothesis of stock increasedue to a decliningage at sexualmatwity and 5-
flypoiJJesis of apredominantspecies in tl1eecosystem).
,\ntmdic mitlke whalestock; would probably decreaseinnumber if the current conditionscontinue (6-
llypoll ofdeclningvregnancy nnes und/orjuvenile survivalrules dueto inadequatetrophic conditions
and 7-Hypothesis of com1>ctiamong whalespecies).
'lne currenicx.teniofrecovery of blue whales is very limiteddespite U1efact Utalcalc.hof (hisspecit:Sbas
been bannedsince 1964.t is possiblethat the chanceof matingis low as a conscqueneeoft.he exiremely
sm01llumber of animals (S- Hypothesis abouc<~ue sfssw recovery).
Extensive climaticchanges, incTudingglobal wanning, have become apparent in tllCAntarctic.For instance,
thc:ave.ragewinter tc:mperaetltc Antarctic.Peninsula has gonc:up as mu5°C. ·1herisalso a
possibilityof a major decline in the abundanceof preyspecies (krill) dueto the rise in smfaee temperature.
Suchchanges or variationsin krill abundancecould consequentlyaffect the baleenwhale stocks (9-
Hypothcs:i.sabout et11:ctsof environmentalchangt:Son cetaceans).
Along wiU1humpback.andfin whales, the recovery rateof the blue wouldprobably increasefi:omnowon
(Brancheta!. , 2004)and IJ1ebalallCeamong whalespecies in the Antarcticecosystemwill continueto
change, although llle paceof such changes would likelydiffer by geographicalareas.
JAHPAII will aim to constructa multi-whale:s:pecies balancemodelamong whalespecies that will
reproducethe processesdescribed above. The changes inabundanceby species in the research area and the
f-actorsaffectingthese changesneed to beinvestigated. Alsch~ngthnrthe fulllre willbepredicted,
and surplu$production will be estimated ttbw1dancedata for·each species,so thatappropriate
manage ment objectivescan be consideredtlttoughusc of rhe model.
'lhcrc:is an initialecosystemmodclofthc: Antarctidc:velopc:d.tvloind Butterworth(2004):a
cetaceancompetitionmodelovc.Tkrill. For the wustl-mNorth Atlantic, Sccn.ario C eal.,200r~0
Zhu ettiL,2004) and Gadget(Begle2004 ~ lafi;dottirand Begley, 2004),whichalso takecompetitioninto
accotmt, arebeing devpc:d. JAR.PA 11will make sc:lections atler carefullyconsiuering tlte advantages and
disadvuntagesof thesemodels and theirappropriatenessto the Antarcticecosystem.
The constructionof themodel willstar! with krill as the soleprey se four b01leTlalspcc, i~<-s
which willcompete forthe prey. Although itseems a simple ecosystemmodel and we expect to he able to
matchpopulationabundancesand trends indicated by .IARPAIT.Tnthe future, JARPAUincotJ~Orate
pinnipeds such as c.rabeaterseals, and seabird predators as well as cephalopods, whichall prey on Antarctic
k...-,iltlo constmct a more realistic ecosystemmodel.
ll) NEW MANAGEMENT OBJECTIVES INCLUDING THE RESTOR<\TION OF THE CETACEAN ECOSYSTEM
.ARPA n will considerestablishingn>anagementobjectivesor goals includingthe recoveryof theblue
whalewhen themodel of competitjonamong wbalespecic:shas been developedtoa certain extent.]his c;m
also be doneby comparingthe results of work to improve tl1eminke whale matrocedurewith the
knowledgeobtaineddirectlyrom monitoringactivities.
Po~si banagement goals could he acceleratingthe recove1y of blue andfin whales, maximizationof total
productionor inereasthe productivity of spccilicwhale speciesin relation to their economicvalue.
t6
166JARPA II willfurther =minthe advantages and disadvanta:~Jttf m.m.agecent goals. JARPA II
will also examine the possibleeffects of the resumption of commercial whaling on the relative numbersof
the variousspecies md stocks and aim to provide advice on mlolicies for \\haling that will meet
chosen manngen\ent objectives.
3)Elucidarionof temporalandspatialchaninstockstmcrnres
Genetic anbiolo Imair<~:swill be sampled and/or observed from samples taken in the monitoring
surveysofwh:~ lops. sampling will be conducted on blue. fin and humpback whales.
Analyses ofmtDNA control regionsequencing andnuclearmicro at~lclwitl be conducted. Other
biological markers wilso be analyzed.
Further. JARPAII will develop tagging meU10ds!or data log;mels:tlellitc tagging transmiUers,
and trace migration routes of the tagged whales in order to elucilr.estock Sll1JClle
Based on the analysis, we will betterfin1md blue whalc stockcturc. Also. t.hc spatialand
tcmpoml variation in stock boundaries (or equivalently changes oftJ1erelative propo1tions of stocks in
mixjng nrcas)ofc Antarctic minke and humpback whales will be.lr::tckcd
4)improvingrhe mwurgtrmeprm:t; frdAnracticminkcwhale:stocks
*Es timation ofMSYR
R~ruitme ovtrthey~:n aesestimate.(}by VPA bllst:don age and ilbund•mcedat:t. Recruitments are fit to
tJc Pella-Tomlinson reproduction model to estimate MSYR.
•R<:--C$lllblishnft managementJ\reas for the i\ntarctic minl-e
The maoagcment area for theEast Indian Ocean Stock and \\'est SouthPacific Stock should bere
established usingfe$Uitobtained from the third research objective. 111atis to say, by elucidating the
dcgn:c of interminglingchanges according to insector VW where the Indian Ocean Stock is
~:.xp ocbtmeded\~i tteWest South Pacific StSmallAreu:swould be specified. As for tl1eother
seclol'Small.lreutJ1athave been established by a longitudinalspan of 10degrees!!hould be abolished in
lavour of more biologicallyrealistic choices.
• Incoq)()mon ofeffects dueto inter-species relations among species
An e.xamin:ttionwill be made of whetheror not {hecurrt:nt.MIP hasfunctions thntmeet inter-specific
phenomena (for instance. decline incarrying capucityand ubundancedecrease) that have become apparent
from rcscarcl1under tho ftrStando~jccti Ivncsconsideration will be given as to how to
incorpor:ttethem into lhecalcuJation of catch limits under a refinoo lUvlP.
V.SAMPLE SIZES
l. Anhtrclk minke whales
f:"Jt.the sample si7.enecessary for the mouitoring of biological parameters has hccn calculatod. The sample
si~ was calculated not inrelation to tbe precision oftht: parameter estimates thomselve.-;.butlu detect
signiticant temJclhage.inthe estimates_Changes inthe age at sexual maturity and blubber thickness
arevery important since they indicatechangesilimcc:trends or shills in prey conditions. As amplt:
sizeneededtodetect changes in a si'C-yearperiod (by applying past rate of change. tJwtis, the slopeof the
regression) has bet:nadopted m;the pertinent criterion. Rcc:Jujn:dsample sizes :1rcthen calculated as follows;
Age at sexual maturity; Age at se.xualmaturity shiftedtoward younger nge at anyearsal mte of 0.2
during the periodof commt.Tcialwhaling yc;ars.but pruscntJyit haisimportant to dt.1t.-rminc
when it starts to increase. It is not plausible that the changes of age .atse.xual maturity starts at t1terate of0.2
year, rather itwill have a period of slower changerate, and therefore annual r.llcofO.l year was chosen.
Sample size at a detection level of yearly rate of change ofO.1yenr is 1.288 ani6).s/year (Appendi.'<
Apparent pregnancy ralc: The apparent pregnancy rate of minke whalcs is hor more. Sample
sil.c:necessary to detect thechmge of :~tte initial s: hen change begis663-1,61animals
(AppendLX6).
17
167 Bl11bberthickness:Similarly, sample sizefor the detye;~rnrteof change of0.5 mm. observed in
Utepast i818to971 aninlals (Appendix 1).
The sample size necessary for paUtologicalmonitoring (ellecl of contaminant on whale species) is 864
animals/yeaattO% of the prevalence:rate,which was expected for the fi·ee.-rangingwhale by using data
from tl1efeasibility observation in the JARPA surveys (Appendi.x. 4).
1l1esample size necessary for detecting yearly change in mixing proportion between Antarctic minkewhale
stocksinAiea VW isshown in Appendix 3. The mi.xingrate inthe 19%/97 season was dillerent from iliose
of oU1erseasons. Results obtained showed tl1atfor non-overlapping 95% credibilityinletvals between tl1e
estimates of themixing proportions over Aiea VW, a sample size in that regiowilbe required.
This sample $tzewill provide the power to detect an annasbig astl1eone that appears to have
occurred i1996/97.Tiu;:abundance An:a VW is approxi.matdy 1/3 of thaLin thereseaofeachea
year. Therefore. about 300samples are expected in AreaVW under~amp tliee of900 animals.
1hlsm~,; ahtsUtenecessarysample size in AreaVW will be ensured.
Mark-recapture analysis is-U$eful for abundanceestimate$ and thofbehci~arpatterns. Such
attalysis has been conducted in recent yearsbased on biopsy sampling and genetic identification of
individualsllow ve1this has not proved to he pr~inicon-lethal samplingl1asbeen invo1vec,lwhich
means that the numbers of samples obtaismallinrelation tothe amountof effortinvolved. Large
scale biopsy sampli11gis also inefficient watersfor bafeen whale species.
An altemativc method that offsets tllcsc dehasbeen developed recently based on catches.Mother
fetus p<ursin U1ecatches are examined using a set of microsa.tellites.Based on the genetic proftles, Ute
potentiallather of thefetus is soughtherest of whales in the catches. Attemptsare being made to
estimate the nbundance and to elucidate .stock structure and behavior pattcm.sbased on the positions where
theparents were taken (for example,gand Oien, 2004). The meU10dcould alsobe useful for estimating
differences in reproductive success rates between individuals orgroups of whlifhistoriesingin
and ages.
TnNorway. a total of288 motllCI'-fctuspairs wereexamined out of3,30 1whales in the DNA register. and
five possible fathers were itlentified. Based on this, U1eabundance of male minke whales was estin1atedto
be ~84() but th·figuris imprecise. If thismethod is applied inJARPAU, at least 800-1;000 animals per
year wilbenee.essary even if the saarepooledfor Uthreeseasonsinthe si.xyears (Appe8).x
In s1JI11rna, the minimum number of sample size, 663 a.nirnals were calculatedfor apparent pregnancy
rate. However, for most of Uteoilierparameters, Usuesmcalculated were ina nmge of 800-1,000
anima wli~more than 800 being desirable. Therefore_the sample size ofminke whaat850w-s set
10%. n1e allowed rangof +-10% was;tppUc:dsince, based on the past data on school density. there are
ammal changes in schodem~i onty\e line tra:nsecll,)which ate detadvat~ce.n
2.Humpback whales
'lhe sample size required for the monitoringof important biological parameters in this species has been
e.xamined. Changes in the pregnancy rate and age atsexual manu·ityare very importantsince they indicate
changesin the tremlof abundanc~ltsiinlreycondi nt.Aosample size needed to detect changes
observed in past years (that isofrcgres ~a$bee) adoptedasthe criterion.
'l1teresults ofsamplesize calculations for pregnancy rate andl aturity (Appendix 6) are
outlinedbelow. 1l1ercwere hardly any dall~11e at sexual maturity so those fortin whales were used
instead. A sample size fora six-yearipreferable since theresearch program will be reviewed every
six years, hut in the case of humpback whales the resultingvalues for this period were largeso that we have
dC:lCideo use the sample size::required for twelve years, as a precautionary approach.
Apparent pregnancyrate: to IR1animals for a yearly tate of change of 1.5 to 3% observed in tl1epast
(Appendix 6).
Ageat sexual maturity: 1.31animalsfor a yearly rate of change of0 .1 years(for tin whales) (Appendix 6).
Co n~ider tesegesultswehave decided oaSl!mplesize of 50.
3. Fin whaJ<'!l
.Samplesuewas determined under illesame conditions and criteria as for the humpback whale.
18
168Apparent pregnancy r55cto 107 animals for a yearly rate of change of2to inlh\:p1s1tved
(Appt:ndix 6).
Age at sexual m11turtiy: 131 aniyearlyrate ofch;mge of 0.1yc11rs(Appcndi-.6).
For theDNA analysis. samples of20 to 50 animals have beat recommended (HoelzeL 1991).
As withhumpback whales. we have decided on a sample size of 50.
VI. FEASIDILITYSTUD rES
I.Necei s~and objectives
Asexplained ea••lier area will be enlar~zewill be increased and new species added. The
objc:;tcivh~fc.sibilitystudy is to cx:nninu !hepracticability and appror>rinll;nscs ofsighting methods mel
~amplignprocedures, and imjlrove them as necessary.
Catches of humpback audfin whales were banned inthe Antarctic in 196:3and 1976.rcs pcctively. Crews
and researstatofthe J'eseareh tleet have no e.xperienceincatching and Jlensing these two larg<>sized
whales. 'Thus, it is necessary to examine the practicability of methods of hunting, hauling, f1ensing and
hiologic~amplgi.n
If possible. detailed surveys of krilland the marine environment will be also carried out during the feasibility
studies.
2. Survey period
·n1e first twoseasons (2005/06 and 200610:~llollcote fasibility studies.
3.Sur\'evmethods
Asa gt:n rulesight1ngaod sampling methwilbethesameas ~-pla iniectin V-4 ahc)ve.
-lSampi!?size
As mentioned inSection V-1, a maximum of 8501-1O'lnAntarctic minke ''•haleswill be snmpled from the
first year. The practicability and appropriateness of in the enlarged a.reaand sampling
procedures given tl1eincreasedsamplesize will be examined.
A maximum of Len1m wh.1lwilbes<~l mdin each season. lsamps:l~iIbe used to chcwkthe
prncticobility of catch ing, flensitlg and lAkmenureonol~enage whole species. The1-eis
littiniormatiolbr fin whalcs in recent years, and pn:limloodbabit and maturity will be
obtainedn the feasibility study.
Humpb.,ckwh<~ lelnot betaken during the feasibil.tyst11dy
VII. EFFECT Or\ THE STOCKS
Based on the results of the !litter-Fitter Method (Appendix 9). no adverlleeffect em Antarctic miuke whale
stocks is expected.
As regards humpbnck whales, their steady recoveryreported (Bannister and 1ledley. 2001;Paterson,
Paterson and Cato.1: Johnston and Butterworth. 2005). Using tlte population dynnmics model by
Johruston;mdIJlLiterworth(200effecoft< ~f5eanimals on Utestock was examined. The results
showed lhat the take of SOanimals per year hardly delays thci1·recovery to the pristine lc.:vcl(Appendix 9).
'l11eabundance estimafinwhales (AppendI)does notcover their entire raitherefore greally
underestimated.1e planned sample siz:eis fifty animals cnch year, which comes to twenty-frve a year from
c:achstock whiisless than 1°o oundt=:~t ibnda!ced111t:reforeil isconsiden:d lo have no
adverse eect on lhc stocks. During thefeasibility study tl1csample SJ7.Cis len animals each year (effectively
cmly5 a yearfrom each stock). 'The efiect is therefore negligible.
169 \'IURESEARC H VESSELS, RESE AR CH ORG Al'll ZAT IONS AND FOREIGN P;\R1'1C ll'AT10N
1.Research vessels
The whale rcscMchtlect wibe composedof two dcdic.atcdsightvessels(KyoshinMal'!No.2 andlhc
otlterundecideve~s, thre samplingvessels(Ymhl.nMam No.2. }'ushinA•faru..Kyo Mant No.I) and
one researchbasevesselNisshinlvfant).lf possible.othervesselwill engagein more detailedsutveys on
prey andmarine environmt:nt.
2. Research o1·ganizations
(1) InstituofCetacean Re::;ea(1CR)
(2)National ResearchInstitute of Far SeasFisht.Ties(NRlFSF) and otherinstitutes of thu Fisherit.-sRcs\lilrch
Agency (I·RA)
(3) Oilier researchinstitutes
3. Par ticipatio n of forc ig.n scie ntists
Participationoffort:ignscientwilbe wt:lcomec,l so long as they meet tlu: <Jualificalionbystablished
the Government of Japan. Trec1uiredqualificatare the same for JARPN n.
LX.NIOC'ESSITY OF LETHAL METHODS
·n1e nece::sisty o!'using1ethalmwas alre::adydiscussedat the 1997JAR.PA Reviewetin(WIC~
1998).
Parameters relatedto a:nd stomachcontent swveys, which are cssenliaIfor the objectiws All,ARP
~nn ot be obtained using non-lethal methods IARPA. J'esulls showed tl1atthe meal size, blubber
tllickllessand age at physicalandsexualmatm'itystronglysuggestedinterand intraspecies competitions
(Tamura and Konisl1i, 200l1andoeta/.2005 ; Zenitani and Kato, 2005; Konishi and Tamura, 2005; Fujise
era/.,20005) . Thep~ramct arressentiafor monitorioftl 1Antarctiecosystems, and therefore lethal
sampling is necessafor.TARPAIJ.
X. UTILIZING EXLSTING DATA
1.Data f•·omcommercialwhaling
Pregnancy rateand age al sexumaturityof humpback.fl~uand blue whales have been estimated based on
datafi:omcommercial whalingAppendix 6,Locl--ye1979). Theyarcvaluable informatioandwillbe
comp~r withdUtedat<JobtaininJA.Rf>All.
Biologicaldata on Antarcticminke whalesobtaifrom past commercial whalinand JARP Ahave been
alreudycomparoo. '!bey are a valuable time seriesre<JUatafr oen~elting1i·om p11stto future.
2. Data from Jt\RPA
Datafrom JARPA are hi. lyva luable fi'Omtl1estandpoint ofmonitorJARPAn nenvironmental ar1d
biologicadatawillbe collecteas continuationofJARPA
XI. OTHERS
1. Processing of whale sam pies
All tl1ewhales sampled wbeltreated as stipulatP:~ra g.r tiplh\llll oflhe lntemntiona1
Convention fortheRegulationof Whalingl'issue samples wbeltakenti·omalwhales and 0 )3data
registered formarkd control(individual identification).
2. Report to the IWC Scientific Committee
Areport of researchcruiwillbe submitted lo annualor otltermeetingsotheIWCS cie::ntific
Committeeand other organ.iz ,eterotn1ca crui hac beencomplclod. Thoreport of the two teasibility
cn1i.scswill be submittedto the IWC/SC afte have bc.encompleted. Whentltc fi.lll-scalcresearch
170progr .s bccnlalrnchcd , a comprehensive n.:porlwill be submitted to the e~c/Six-year
1a;earch period.
3, Whale killing me1hods
All whales will be taken using explosive grenades. If instantaneous death is not achieved by tl1eprimary
killing method, a suits~onda mrehod, such as" large caliber rifle or another explosive grenade will be
chosen, dcpendiJlg on whalecies and tl1e condition of the hunted animal.
XII.REFERENCES
Atki.ruwn,A , Siegel, V., Pa.klwmov, E. and Rotltery, P. 2004. Long-term decline in krill stock and increase
in salps within the SouU1ernOc-oture.432: 100-103.
Bando, 1".•Zenilani, R., FY.iand KatoH. 2005. Biological parameters of Antru:cticminke whale based
on materials collected by the JARPA suriny1987/88 to200 0~4.Paper JN J05/JR5 Jlresented to the
JARPAReview meeting , January 2005.
nannister , J. I.ffedley, S. L. 2001. Southem hemisphere CTV humpback whales: their status fi·orn
recent 3CrialsurvMem.Qld.Mus. 47(2):587-598.
Begley, .1.2004 Gadget User Guide. available online from the Gatget weh pagei~available from
http://www.ha:fro.is/gadget.
Branc ~h.A., Matsuoka. K. and Niiyashita. T. 2004. Evidence for incJe<tsesin Antarctic blue whales based
on Bnyesianmodclling.Marindlamma/Scicnc e,20(4)726-754.
r:ookc, J., Fujisc. Y. and K.ato.H. 1997. An analysis of maturity stage and transition phase data rrom minke
whal~ collecteduring JARPA expedition in Art:a lV,1987/88through 1995/96. PaperSC/M97/72
presentedl.the meeting of the lnterscssional Working Group to Review DatRe~ul l:·smSpeci:1l
PermitResearch on Minke Whales in the Antarctic, IWC Scientific Committee , May 1997(w1published),
16pp.
CroxallJ.P.Trath:m.P.N.and Mulphy.E.J.2002. Environmental change and Antarctic seabird populations.
Scienc:e. 297: 1510-1514 .
Fujise, Y., Honda, K., Yamamoto , Y., Kato, H., ZenitaniTatsukawa , R L997. Changes ofhc;.v;Jtic
mercury accumulatians of Southern minke whalr;:sififteey~:.aPaser !)C/M97/20 presentetoU1e::
fWC Interses sional Worl.:in.gGroup to Review Data and Resul"lsfrom Special Pennit Research on Minke
whales in the Anllirclic, l\lfay 1997 (unpublished). 16pp.
Pujise. Y.. Ilatanaka. II. and Ohsumi, S. 2005. What has happeued to the J\ntarctk Minke J\hale Stocks'?-
interpretation of r<::sulls&om JARPA -. Paper JAIJ05/JRl7 presented to the JARPA Review mcctlng ,
January 2005.
Donovan, G. 1991. A review offW C stoboundar Riep~in.Whal.Commn. (Special Issue 13):39-68.
Government of Japan. 1987. The programm e for rcsearcb on lite Southern Hmin~phwhale and for
preliminary research the marine e::cosysl.em in the AntaPaper SC/39/04 presented lo t.he IWC'
Scientilic Committee , June 19li7(unpublished) . 60pp.
Govenunent of Japan 1995.'Th.r;:1995Tesearchplan for the Japanese Wl1ale Research Program under
Special Pem1il in the Antarctic Papct"SC'J47/SH3 prese11ted to the fWC Scientific Cornmirtre. May 1995
(unpublished).pp.
!lassoI, S.J..,2004. ·'fmpac(s of a Warming11rctic''Cambl'idge Univers ity Press, Canada. 139pp.
Hoelz<::l,AR(d..)1991. Gt.:ndic Ecology ofWl1alcs and DolpRep.mintWhal. Commn (Special Issue
n). 31 1pp.
lntemational\\tb:~ Coi ngssion.1993.Report of the Scientific CommittRep. lilfWhal. Comnu1
43:55-228.
Intemntional Whaling Commission 1995. IWC.. 1995.Chainnan's Report ot'thc thAnnu:SiMeeting.
Rep.inl. Wlwl. Cornnm45:15-52.
21
171 lnternulional \\/haling Com.rnission. 1998. Reporlnterse~ s iringaU:roup to review diltil and
t•csults from special pres~t cnhminkc whales in U1o Antarctic. To12-16M1y 1997.Rep. int.
Wlwl. Commn 48:37 7-4 12
Intemational Whaling Conunision. 1999. Report oft he works hop on chemica l pollution a.!.cetaceans.
Ce(aceanRes.Manage. (special issue) 1:1-42.
Tntcrnalionalha ling Commission 2001.Report of the Scientif ic Commi .!. Cetacean Res. lvfanage..
3(!:iuppl.): 1-82.
IntemationalWhaling Commiss ion 2004 Repmt of the Scienti fic CommittJ.Cetacean Res. Manage,
6(Suppl.): 1-411.
Ishikawa,H.,Otani,S.,Kiwada H.,lsod.1, T., TohyamD.,Honjo,K.,Hasegawa, A.,Terao, T., Kushimoto ,
'LOhshim a,K.,Sugiyama, K.,SasakiT., ltohS.,Takamatsu T.and Yoshida,T. 2004. Cruise Repoof
the Japanese WlraRe.~e arrcrm under Spec ial Permit in the Antarctic (.JARPA) Area IV and Eastern
Part of Arealliin 2003/2004. Paper SC/56/012 presented to 1\VC Scicntil ic Comnu ttce, June 2004
(unpublished). 18pp.
JohllStonS.Jand Buttetwo•ih. D.• 2005 . Assessme nt of the west nnd cast Australian breeding popul ations of
southerllemi~; humhebaek whales usina model that~llo orsmi;'i.ingon the feeding grounds and
taking account t·hmost recentabundan es~matesfrom JARPA. Paper JNJ05 /llU9 presented to the
.JARPA Reviewmeeting , .Jary 2005 .
Kato, H.1987. Density dependent changesgrowlItparameters of southem minkc whalSci. Rep. Whcdes
Res. InsL38: 47-73.
Kitakado T., FujiseY., ZenitaniR.,Hakamada , T. and Kato1l 2005 . Estimat ion of natural mortality
coefficie nts for Antarctic minke whales through VPA studi.JA/.1/.TR2presented to thJARPA
Review meeting, January 2005 .
Konishi K. and Tamura, T. 2005. Y~rly trend of blubbt ~h;rckn ~n;s1s~Antarctic minkc whale
Balaenopterabonaers einA.~eis fVandV. Paper JNJOS/.TR9presented toe .T/\RPA Review meeting,
January 2005.
l.ocf.;yer,979. Changes in a growth ]>ammeter assoc iated with exploitation of southem fin1u1dsei whales.
Rep.Jn;. Whal. Commn29: 191-1% .
Mack intosh, N.A 1942 The southern stocks of wlmlebone whDiscovery Rep22 :197-300
Ministry of Fisheries. 2004 Report No.. 27 lo the Starting. Norwaonmarin e mammals .
Mori, M and Butterwmth, D.S. 2004. Consideration of muhispeciesinteractioin the Antarct icA
preliminar y model of lhe minke wb<Jle- blue whale - krill iEGosystemApproaches 10Fisheries
in the Southern Benguela J.mar. Sci26:245 -259.
Mori, M . and Bullc.:rworth, D.S. 2005. Progr<::sson afA~lciPoTVPA lo mink<;whales in AreaIV
and V given updat ed Informatfrom lDCR/SOWRR and J/\RPA srve. P~p;r JJVJ05/.TR18 presented
to the JARPA Review meetinJanuary2005 .
Oh!lumi,S., Fl,\ijseIshikawa,II.Hakamada , T, ZenitaR.,and MatsuokaK. 1997 . Thfatt.yneof tlre
Anta1'ctic minke whale anitsyear ly change. Paper SC/M97/ 18 presented to the IWC Interscssio1111l
Working Grovp to Review D~ta and Resultsfrom Special Permit Research on Minkewhales in the
.A.ntarcMay. 1997 (unpublished). 21pp.
Olafsdottir,.1t~n Bdgley , J. 20Greyse< ~nG 11dgte. NAMNlCOSC/12/lN/8 1-25.
Pastcnc, I.. Goto tvtKanda. N.,Rando.'f.Z<".'litR.iHakarnada T_ Otani,S.and FujiscY.200Sa. i\
new interpret ation of the stock. identity in the Anlarcli(Bcdaenoptera bonaerensibased on
analyses of genetics :md non-genetics markers. Paper JJV.J05/JR3 J)I'.ARPAedReview meeting,
January 2005.
Pastene, T../\ ., M...Kanda , N. and Nishiwaki, S. 2005b. GeJletic analyses on stock identification in the
Antarcticumpback and fin whales based on samples collected under tJARPA Paper JAIJ05/JR1 6
presentedotheJARPA Reviewrt1eeting, January 2005.
172Patt:rSon.RA. Patersonami.Cato. D.H. 200I. Status of hum\~hak ilcnslAustrulia tllend of
ih ~0t:century.''(em. Qld A·btS. -!7(2):579-586.
Perrin. W. 2001. Draft review of the utility of non-genetic dat.1fostocffof.hales.Paper
SCJ5:"•SD2 ·esented to the 1\VC Scientific Committee, July 2001(unpublished).
Rugh. D., Dct\-L1D,., Rooney, ABrciwickJ.Shelden.K. andMoore.S. 2003. Areviewof bowhead
whale(BalcumamysticerttS)stock identCewcwn Res.M(lnage5(3):267-279.
Schweder.T.. Hagen. G.S. and Hatle.E2000. pp. 120-132. l.n: G.A. Vikingsson, and F.O. .Kapel(e<ls.)
D1rect anclmdm:ceff t~cfminke whaleabundancon crxl cmd!lerringflshenJscem.mo experiment
fo rilGrearer BarenSea.[Minke whales, harp and floodeclmajorpredators irheNorth /It/antic
e·,o~tys.JNA!\IIMCOSCIBNTlF.IC PVBU CATIONS 2:132pp.
Ski1ug, and N.0i~: 2004. G~n:ti tco>inof males in North Atlantic rninkthroughcomparison
of rnoth«lranfetuDNA-profi.les.Paper SC/56/SD3 presented to the I\VltilCommitt eelv1'ly
2004 (unpu~ hldL)
Tamura, T. and Konishi, K. 2005. Feeding habit<;and prey consumption of Antarctic minke whales,
Bafaenoprera bmtuerensi.Areasrv andV ofthe AntarctiP:~rp.eJ05/.1R8presented to JARPA
Rc: iew tn«l«llingJ,anlllll)'2005.
Tan3k.l,E.•Zenitani, R and Fujise-,Y. 2005. Apoint estimate ofNa turall\l ortality Coefficientusing JARPA
data. Paper .IA/JRGpresented Uc JARPAReview meeting. January2005.
T:n~ak.a. 990. Estimation of natural mortality coewh:ce~sfrom the estimates of abundance and
age composition dntaobtainedfrom research caRep. inl. Whal. Comnm40:53 l-6.
1l1omson. R.B., Butterworth, D.S. and Ka1999.Hns the age at transition of SoHemisphere
minkewh;e ~leclined over recent decreases?MMammalScrence. 15(3)·66 1-82.
YnsUI)ga.G., Fujisc, Y., Zen1tani, R, Honda, K. and Kato, H. 2005 Yearly trend of trace clement
accumulation liverof Antarcticminwhales,Balaenopterbonmmm~ Pase.JAIJ051JRl3 presentt:d
totheJARPA Review meeting. January 2005.
Zenitam. R and Kato. H- 2005. Lung- term trend of age at sexual maturity of Antarctibyminke whales
countirtg transition phase in eat'plugJ051.ffi7 presented to the .!ARPA Rwiew meeting, January
2005.
Zhu,~.JSchweder. T. and llagen, G. 2004. Scen'l11cod predatiun model. NR-Noteffi!V09/04.
(http://public.. r.no/St\MBA 0904.pdt)
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174Annex 106: Government of Japan,Administrative Vice-Minister, Ministry of
Agriculture, Forestry and Fisheries (T Shirasu), Transcript of Press
Conference, 14April 2008 [excerpts translated]
Summary of Pr ess Confere nce- Mr Shir asu, Admini strative Vice-Minister
Ministr y of Agricultur e, Forestry a'isheries
IllMain Issues
Research whaling
Toyako Summit agenda items
Irnportation of Chinese vegetables
Dale and time: 2 pm Lu 2:13pm., Monday 14April 2008
Locatio n: Press ConferenceRoom, Ministry of Agriculture, Forestry and
Fisheries
Reporter: Tomorrow lhe 1\nta:rctic researwh1 ~lgiships will return to their borne pu.l'>
According to this morning 's press release, the;:number of wb:tles captured was short of the
1aJ·get, most likely due to the Sea Shephercl"s obstructive actions. Please give us your views
and asse!mscnt of tho survey whaling including this last 1un of confrontations .
!v1Shirasu: J\s you have said, having complc:led the research whaling, the Nisshin Milru is
scheduled to enter port tomon·ow'llusyear. the ship took evasive actinnresponse to the
obstructive activities, resulting in a shortfall in U1ctotal number of survey days. ·n,is. in tum.
meant thatthe number captured fell beloLiltarget.
For your iformation, the capturtagret ~ere 850 minkcs and 50 fins, together a total target
of900 whales . However, the actual number of whales captured was 551 minkcs. Titis was at
approximately 60% of the target. and we consider itvery re!,rreltnble that lhe target was
unable to be reached. With regard to the details of the survey results. 1 am scheduled to
receive a briefing from the head of the survey fleet tomorrow afternoon, Iwill seekto
l>cinformed oftJ1cm.
That said. for oupar ~s we an~rc::peatinge: time at the outset, st.:ienlific whaling is the
collection of scientific knowledge which is pernlitted by the International Whaling
Comtnif!sion, and as it is a permitted sUtvcy which is contributing scientifically at the IWC to
our understanding of issues regarding sustainable whale eco-systems, we wish.to continue it
without anyfurther fitss.
1··1
[2] Reporte::r:This <question in connection with the whalell. With the number as low as
60% of the target or the plan, what arc your views about how this will aft'cct ·future survey
rcsr c;.~and, as the whales are the source of income which is torthe ne:-.1smvcy in the
nexl finnncial yenr, whnt will tht: impactthisare<• "ilh only 60%?
Mr Shirasu: With regard to that, there have been years when, for a variety of reasons, the
planned capture targets have not been met.With regard to the is. uc as to the itmnediatc
impacl on the following year's survey whaling, when we draft next year's survey plan we
wiUhave to conduct a detailed examination and make our assessment, and this will take into
account this year"s exact capture figures and sales of whales. At the present stage, we don't
175 see this as immediately causing a major change to the survey whaling we are doing at the
moment.
In any case, this survey whaling, as I have been saying, is carried out in various forms,
including, of course, sightings surveys, and, naturally, there is the research which cannot be
done without actually capturing the whale. Of course,I haven't yet been able to.receive a full
report about the research results, but with regard to the collectioof scientific knowledge, as
we see it, there's nothing to suggest that the required research couldn't be done due to that.
Reporter: If there was no required research that they couldn't do, doesn't this mean that the
catch targets in the program were set at slightly above the necessary number from the start?
Mr Shirasu: No, that's not the case. I mean, look, what I've been saying is this: the specific
amount that I've been saying-that was about 60%---and that catch number is a fact. On the
quantitative level, the catch has been limited to this amount; as I said, I have not yet received
a briefing on the fine details of what specific information, what research was done, and what
results came up. But, as a general statement, I would say that there hasn't been any excessive
setting of research catch targets. Although the regular sightings surveys and research carried
out through capture were done at the 60% level, at the present stage, I'm saying that I believe
the required research was done.
[...
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179 Annex 107: Government of Japan, Minister forAgriculture, Forestry and Fisheries
(HAkamatsu), Transcript of Press Conference, 9 March 2010 [excerpt
translated]
Swmnao-yof po-cssconference- MinistN·Akamat su, Agricultw ·c, Foo·cstry and
l<ihe.-ics
Main questions: Effects ofthe arrest of an anti-whaling group member
Date and time: 09:05to 09:50, Tuesday 9 March 2010
Location: Ministry Briefing Room
[..]
RepOIt'.el': II'you'll allow me to retum t~uhje oc'tluefon tuna, what do you make
of this situation by which Japanese food culture, whether it be whales or bluefin tuna or
dolphins, is being challenged by environmental groups from the standpoint of
environmental protection?
Minisfer: Well, there was that business with the Academy Awards yesterday, of course. l
hear that "Oceans"is also on a similar theme and I'd like to sec it, although it's finishing
this week. In any case, regarding the dolphins in Taichi-cho, Wakayama Prefecture, many
of the specific depictions in the film are based on misunderstandings. So, the message is
very much to the effect that Japanese are so barbaric; how can they kill these cute
dolphinsinsuch a horrible way, etcetera , and l think this is very unfortunate.
However, in that respect, the fact is that there is a food chifwe didn'I eat these
species, that food chain would be disrupted, but have to mov~ tltis debate forward
b~ed on the basicconsidi .~ rfhtw to 1uake elred.ivus~of these resources, in other
words exploi1 just what is necesfo;aryto the minimum ex1en1nec~s y.rOthenvise ,
especially in the case of whales lmd bluefm tuna, in fact all kinds of tuna, since these are
fundamental to Japan's food culture, we can't give them up, and althoughntight take
time, I tltinkmust do what we can to seek understanding about these matters.
'llterefore, I said before and I will repeat myself; it will not work to simply tell them
something like "research whaling is pemtitted so we'll just do as we please and you
shouldn't complain''. Rath, with regard to dte whales in the Antarctic O, let's say
the catchs 800 whales, well we don't actually need 800; I mean it's more than we need
we would have enough material for research with thatless than that number of whales.
So, because this is the case, even if it does mean reducing our catch, maybe to one-half or
two-thirds, I'm not sure, !th ink that research will still be necessary from here on, so there
are various ways of conducting that research, so we could just do that. Tite greater
problem at the moment is rather whether or not we can resume commercial whaling iu
Japan's coastal waters. If we do this,ill revitalise small fislting towns all over Japan,
and moreover, these whales off Lhecoast of .Iapan currently gohhle up 3-5 hundred
million tonsf squid, small fish such as horse mackerel and so forth. So from the point of
view of managing these resources sustainably. isin fact necessary that we perfomt a
180thinning out of them as appropriate, so I am definitely keen to take this kind of proposal
forward. Actually as part ofthe behind the scenes negotiations we are currently engaged
in, Japan, together with the US, which has been the greatest anti-whaling proponent, are
putting this forward as a joint proposal and are now trying to persuade other countries.
This change requires a three-quarters majority, so at the moment we're trying our best to
secure this.
[...]
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183 Annex 108: Government of Japan, Tokyo LegalAffairs, ertifiedkano BranchC
Record of All Closed Register Particulars: Kyodo Senpaku Kaisha Ltd,
Corporate Registration No. 0100-01-041436(22 December 2010)
Certified Record of All Closed Registe r Par ticulars
Kyodo Senpaku Kabushiki Kaisba
Corporate Registration No. 0100-01-041436
4-5 loyomi-cho , Chuo-ku, Tokyo
He.1dOffi2-4 K•sumiaa seki 3-chome Chivoda-ku Tok ·o
8-3 Higashi-Nihombasbi 2-cMoved Chuo·8...........
ku. Tok-vo
Purposes !ll Undertake commissioned surve\'Sof cetaceans and other marine
resources
!2l Marine transportation and lease of vessels
(3l Purchase and salenecess>riesand sundries
(4)Business incidentalsociated with each of the above
Per-share¥50,000
value of par
value stock
Notes Director Hiroshi OGAWA I~1'-P ~!~~!!!~~-...~.
regarding
Executives
Din:!HirosQG~Wb, ~~!Pi~.?:!<!•1\W9........
Entered in register 10 February
2000
Director Hiroshi OGAWA .~.'!~£':"!!!!~~Y.....19.Q'J:
Entered in register 21 February
2002
Director Hiroshi QGAWA ~!~i!~~?-?!!!!~QQ.....
Enterere~t3sta·h2004
Resi«nedJanuary 2006
Entered in register 27 February
2006
DirectoramuiTO Reappointed 28 January 1998
DirectOsamuiTO
~~I!P~!?~!~!'I~Q~.•. .
Entered in register 10 February
2000
J~g!!'!!.~':f9~..••.••.
Entered in register 21 February
2002
Serial no. Ta•underlined particulars have been er1/ 8 from the register.
184Kyodo Scnpnku Kaisha, Ltd.
Corporate registration no. 0100-01·041436
4-5 Toyomi-cho, Chuo-ku, Tokyo
Director Hitoshi YA13:~.~~?!~'?!'~.~..Y.
Director Hitoshi YAMAMOTO
Entered in register~~
2000
.~~..?~~.:'....".......
Entered in register 2I February
2002
Oirocto rr.hi IM A(
~~~P·~~-?!!ry??.........
.13:~?!-iP...'.....:~.
Entered in register 5 August I999
Directorsuhiko HAYA.13/?•~.?!~-'- ....'.'~X.!?.'!~
.~~B.}!..~~............ ... ..
Entered in register 5 August 1999
DirecKenichi SUZUKI.~PJ!~?.~!.!........¥
DirecKenichi SUZUKI
13:?!~~t!!!!~'!....:>
Entered in register
2000
DirecKenichi SUZUKI-~~l?t~~~!'i~!~......
Entered in register 21 February
2002
DirecKerichi SUZU.K.~~~P.~.!!'!J2~...~~-
Entered in register 3 March 2004
Directcnichi SU7.1J.~~!'~nr!~.,!~~•..•Y.
Entered in register 27 February
2006
13~i.~!~Y<~....... ...... ..
Enter in register II Julv 2006
Serial no. T*Underlined particulars have been erased from the register. 2 / 8
185 Kyodo Scnpaku Kaisha, Ltd.
Corporate registration no. 0100-01-041436
4·5 Toyomi·cho, Chuo·ku, Tokyo
Director Takehiro TAK-~C3J-~-~O!~~'}):.........
Director TakehiroMIA -~~<;;l-.l.P.\1'-.~~!"Y.
Entered in register 20 February
2001
DirectTakehiro TAKAYAMA
-~~J?.~~~J?~~'!"~......
EnterrcsierM>rch2003
Director TakchiroMIA Reappoi28 January 2005
Entered~:isterch 2005
ResignedJanuary 2006
Enteredregister 27 February
2006
Director NoHATTORI :~PJ>O:.ilU'.1?............
Director NoHATTORI -~~·J_~.,o~\'l29.-...Y.
Entered in register 20 February
2001
Director NoHATTORI -~C3J?Pd,.t)!3Y;!.....
.li~.!r!iHg_M~~......9
-~~!I.ll~!'~~l)\..~..Y.
Entered in register 3 March 2004
DirectTajiro TSURUMOTOAppointedJanuary 1999
Din:ctorojiroTSURUMOT-~~.PP-.2!?~~~~Y~....
F.ntered in register 20 February
2001
DirectTajiro TSURUMOTO
.R.~•.J_,J.O~i:;!.Y..
Enterrc~istcrrch 2003
QirectKazuo YA1vi.B.A..~PJ12.i~~~.e...........
Serial no. Ta•Underlined particulars have been erased from the register. 3 / 8
186Kyodo Senpaku Kaisha, Ltd.
CoipOrate registration no. 0100-01·041436
4·5 Toyomi-cho , Chuo-ku, Tol-yo
DirectKazuo YAMAMURA
Re~P..P?:!?l"}l:J........
Entered in register 20 February
2001
DirectorzuYAMA.tRAifU g~~. ~~?.!'!•Y.l•.•.)~
Entered in register 4 March 2003
DirectKi1okazu FUKtn
:\J.?i~~~Y.~.!??.................
Entered in rcoister 5 August I999
g~~ ~?-?t~.t?9.......!'Y.
Entered in register 10 February
2000
DirectHiroshi FUm Appointed 27 July 1999
Entered in rcoister 5 August I999
.I:&I?,~~1!\~?9..........
Entered in register tOFebruary
2000
Director Norifumi YANAGIHARA
~PJ?!~..}l..I?.??..............
Jn~~.i:«&!~~I!~~m.!.l!
R.e~jf7n!'•d~9.~...........
Entered in register 10 February
2000
DirectKi)·okazu FUKUI Apeointed 27 January 2000
Entered in register I0 February
2000
Director Ki)·okazu FUKg~.~P.P'.!'ll'~!>.•..)?:
Entered in register 21 February
2002
DirectKiyol:azu FUKUI
R.~~P- ?.!"l!Y.!...."~
Entered in register 3 March 2004
R.~'~?~!~~.'x9.........
Entered in re!rister 10 March 2005
DirectHiroshi FUm Appointed 27 January 2000
Enteret:gt~10 Feyruar
2000
SerialTa-4058*Under lined particulars have been erased from the register. 4 / 8
187 Kyodo Scnpaku Kaisha, Ltd.
Corporate registration no. 0100-01-041436
4·5 Toyomi·cho, Chuo·ku, Tokyo
DirectoroU.lll -~C3J>~~~O~'~2Q:.........
Entered in Febru~ry 21
2002
Directoroshi -~~.PP-~'~!~~~Q~...•.
Entered in register 3 March 2004
-~!BJ.~!f.!:J~.•••...•...•
Enterresir0 Mnrch 2005
Director Norifumi YANAGfl27 January 2000
Entered i11register 10 February
2000
Director Norifumi YANAGlHARAted 29 January 2002
Entered in register 21 February
2002
Dirt:ctor(y.~t,QA~
-~~·J!tnd·~~·~Q4.........
Ent.eresirMarch 2004
Director Norifumi Y-~~·J-~P.~<?~tQ~!... !Y.
Entered in register 27 February
2006
-~!SJ.Q~!!<.9................
Entered in register II July 2006
DirecMit~uiroAT A .~PI?.?~.-.!'~'........
Approved 4 March 2002
Amended 4 March 2002
-~!!!--?"!~~~r.. ..........
Entered in register 3 March 2004
Director Tadashi TOMAppointed 29 January 2004
Entered in reQister 3 March 2004
Director Makoto _t\PP.2~>i!!!u~~.....
Enterre~:3Marh 2004
Serialno. Ta-*Underlined particulars have been erased from the register. 5/ 8
188Kyodo Senpaku Kaisha, Ltd.
CoipOrate registration no. 0100-01·041436
4·5 Toyomi-cho, Chuo-ku, Tol-yo
Director~osMiURAKAMI ~PJ>!~2?.}.r~QQ........
Entered in register 3 March 2004
DirecMitsu~MosAKAMI R'!~P- ?.!!!!~.~"......
Entered in register 27 February
2006
~~~ ~I?~P~.!l:~'......
Entered in rcoister 3 October 2006
DirecYasuhisa ISHIKAW~PJ!~0.~\1"}~~!..r....
Entered in register 10 March 2005
DirecYasuhisa ISHJKA\VAappointedanuary 2006
Entered register 27 February
2006
.I:&I<,!!'~Q<................
Entered in register II July 2006
Director Hironobu lMAA.PI!_2~}Iuy~Q5............
Entered in register 10 March 2005
Diroctor Hinmubu IMAM~".".~c~.!i!•!Y~......
Entered in register 27 February
2006
~~~~~~Q!!~~!Q...............
Entered in register II July 2006
R<mrcsenl DirectorshiAppointed 28 January 1999
OGAWA
30-11Misora 2-chome, Yotsukaido-
shi, Chibo
R!:QresenlativHiroshi~~e~.~P?..()~~~!....."Y..2~.0
OGAWA Entered in register I0 February
30- II Misora 2·chome2000tsukaido-
shi, Chiba
R~resatevirectHiroshiRe~P.~~?!<!i!.'.........
OGAWA Entered in register 21 February
30-11 Misora 2-chome, Yotsukaido-
2002
shi, Chibo •••••••••········•••••••··-
.R.,~i~!~!-?!.............
Entered in register 3 March 2004
Serial no. Ta*Underlined particulars have been erased from the register. 6 / 8
189 Kyodo Scnpaku Kaisha, Ltd.
Corporate registration no. 0100-01-041436
4·5 Toyomi·cho, Chuo·ku, Tokyo
Re11resentativeDKazuoor
-~PP.O:..J!J-!C~.........
YAMAMURA Entered in register 3 March 2004
1012Yokohama Termce, 7-14
Daimachi.Kanagawa-kul
Yokoharna·shi
AuditoHiroharu MUKO YAl\llA
.~PPO.-i~~!".!.!..•••.•..
AuditoHiroharu MUKO Y.R.~·..JPJP.'O_~0...t~d
Entered in register 10 February
2000
.R.lld2?Ja)~~9'.......
Enterre~isterrch 2003
AuditoShuji KUDO Appointed 28 January 1998
.R!!l.:.1t..m ..................
Enterre~isteQust 1999
AuditoMasahide KOIZUl\.U
.~PPO.:i?~!!..!...•..•...•..
Enterre~is5Auwust 1999
AuditoMasah.ide K01ZU.1~~i!n.n!~~·<?!l..".Y.
Entered in register 20 February
2001
Auditolvlasah.ideKOIZUl\.fi
_1~~J>2P.JO~':'~~..~."Y.
Entered in register 3 March 2004
Resigned 15 September 2006
Entcrre~isterober 2006
AuditoMoton TAMURA :~PJn!C.~~u~_2.-.........
Enteiregister 4 March 2003
.R!~l-~~:~'~.~2.!..?.'~~r
Enterre~isterober 2006
SeriaTa-40583•u nderlined particulars have beeI8erased from the register. 7
190Kyodo Senpaku Kaisha, Ltd.
Corporate registration no. 0100-0 1-041436
4-5 Toyomi-cho, Chuo-ku, Tokyo
This is a certified record of all the particulars containinthe register which have been
closed.
(Jurisdiction:Tokyo Legal Affairs Bureau)
22 December 2010
Tokyo Legal Pufairs Bureau Nakano Branch
Registrar KOBAYASHI Toshiaki [official seal stamp]
Serial no. Ta-405838 *Underlined patticulars have been erased from the 1ergister. 8I8
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199 Annex 109: Government of Japan, Tokyo LegalAffairs Bureau Nakano Bra, ertified
Record of All Historical Register Particulars: Kyodo Senpaku Kaisha Ltd,
Corporate Registration No. 0100-01-041436(22 December 2010)
Certified Record of All Historical Register Particulars
Kyodo Senpaku Kabushiki Kaisha
Corporate Registration No. 0100-·01-041436
4-5 Toyomi-cho, Chuo-ku, Tokyo
Business Kyodo Senpaku Kabushiki Kaisha
Name
Head Office 8-3 Higashi-Nihombashi 2-chome, CJY:i, LJ~~E~t~~!-l-~--
ku Tokvo
4-5 Toyomi-cho, Chuo-ku, Tokyo ---- -- -- ----------------------
Entry Registered 1October
2001
Means of Posted in the Official Gazette.
public
notification
Date of 5 November 1987.
company's
establishment
Putposes (1) Undertake commissioned surve:t:sceans and other marine
sources
(2) Marine trans[•ortation and leasels
(3) Process and tradetacean ca12tureresearch by-12roducts
(4}OJ2eration offood and beverage establishments
(5) Worker out12lacementservices
(6) Purchase and saleaily necessaries and sundries
(7) Business incidental to and asso.ciatedwith each
Amended 16 June 2006; entered in regisJuly 2006
(1) Undertake commissioned surveystaceans and other marine
resources
(2) Marine transportation and leasels
(3) Process and tradetacean products
(4) Operationfood and beverage establishments
(5) Worker outplacement services
(6) Purchase ande of daily necessaries and sundries
(7) Business incidental to and associated with each
Amended 29 January 2008; entered in register 21JFebruary 2008
Total issuabl7,600 shares
stock
Total issued Total issuedock
stoGk,type 5,730 shares
and number
Stipulations Share certificates shall be issued for shares in this company.
on the issue Entered in register 1May 2006 pursuant to the provisions of Article
of share 136, Act No. 87 of 2005
certificates
Capital value¥286,500,000
Serial no. Ta-405837Underlined patticulars have been erased from the register. 1/5
200Kyodo SenpakuKaisha, Ltd.
Corporetetrationno. 0100-01-041436
4-SToyomi-cho,-T,ol..-yo
Prescriptions Transfersof stockin tl1iscompany require the approvalof the boardof
concernindirectors.
stockanster
limitations
Notes DirectTajiroTSURUMOTO
.~.. !!P?J!l>t~.9.•..•
regarding Enteredinregister 10March2005
ExecutiveDirectTajiroTSURUMOTO~~'.PJ 0J}uan7Q9_....
Enteredinregister 1March2007
Resigned29 January2009
Enteredregister 17March2009
DirectKazuo YAMAMURA R~I?P.. ?J!u!~7.Q_..._
Enterede~isterarch2005
Director Kazuo YAMAMURA
R~W. i!!~J~l~!!t9...)'
Enterere~tirMarch2007
Director Kazuo YAMAMlR~.PP. ..>l~!!'9~•...
Enterere~isterarch2009
DirectorTad.1shiTOMLZAWA
R~'._i!!'!~un•7Q9....
Enteredinregister27 February
2006
Resigned29 Janual)'2008
Enteredregister21 February
2008
DirectorkotoO ~~.P.PJ1l~__212.J.an?
Enteredinregister27February
2006
Director MakotoITO
~~1__P!.\J.d~ntQ9__.._
EnteredinregiFebru~ry
2008
Director MakotoI Reappointed28January2010
Enteredinregister9 February
2010
SeoialTa-40583•Underlinedparticularshavebeeneras2/5romtheregister.
201 Kyodo Senpaku Kaisha, Ltd.
Corporate registration no. 0100-01-041436
4-5 Toyomi-cho. Chuo-ku,
Director Eiji ISHIHAAppointedSeptember 2006
Enteredregister 3 October 2006
Director Eiji ISHIHA~~•'!n.<x_~~~"Y.__...
Entered in register 21 February
2008
~~gn~~~a~~r?-~..........
Entered in register 17 March 2009
Director Yasuyuki TE~..ir-!~\M!~!~~ •....
Entered in register 3 October 2006
DirectYasuyuki TER!.!Klppointedanuary 2008
Entered in register 21February
2008
1?.~ ~.l~!~.09?.•.•....
Entered in register 17 March 2009
Director Hirofumi NAKA YAMA
~.Iir..~~!'P.~\~.~~.
Entered in rePi-st.er 3 October 2006
Director Hirofumi NA~~·'.P~n.-:~!"Q~......
Entered in register 21 February
2008
~-"~r}.~~~r?-:......0~
Entered in register 17 March 2009
DirectHirohisaGEMlNE!~.I\.:!~n!....9....
Entered in register 21 February
2008
DirectHirohisa SHJGE~.<!.P~?-1.~J.!"....
Enteinregister 9 February
2010
Director Toshio NIJKIJI
~.I\?P~!.'!Y~.0........
Entered in register 21 February
2008
Director Toshio NUKU~!i<~t~P.~~E~l!.•.. .
Entered in register 9 February
2010
Serial no. T*Underlined particulars have been erased from the register. 3/5
202Kyodo Senpaku Kaisha, Ltd.
Corporeitration no. 0100-01-041436
4-S Toyomi-cho , okyo-1..-uT
Director ToshikazuTOAppointed 19 January 2009
Entered interarch 2009
Director Yoshihiro .P.P! 7.\~!)!...........
Entered in register 9 February
2010
Rmresentative Director
.R!!it~?!J.~.7Q>......
Kazuo YAMA}.fiJRA Entered in register 10March 2005
1012Yokoluma Terrace. 7-14
Daunachi, Kanagawa-ku.
Yokohama-shi
Representative DirecReappointed 30 January 2007
Kazuo YA:VIAWJRA Entered register 1 March 2007
1012Yokohama TetTace, 7-14
DaimaKanagawa-k-u.
Yokohama-shi
Representative Director
~~~_i.~?~9.J:'~n.... '
Kazuo YAMURA entered in register 17 March 2009
1012Yokohama Terrace, 7-14
DaunaKanagawa-ku,
Yokohama-shi
AuditHideki TOKORO
M.P<J.~..~t~·-~~_____
Entered in register 3 October
2006
R~gned9 January 2009
Entered reRister 17 March 2009
AuditHideki TOKORO .'.\P!!.!n!!~......._
Entered in register 17 March 2009
g!! :.?9i\8-'~9..~....
Entered in register 15 October
2009
AuditAkira NAKATA .'.\P!!.\n_C:9.........
Entered in register 15 October
2009
Pat1iculaTitis company has established aregister 1 May 2006
concerninboard directors. pursuant to the provisions of
installation Article 136, Act No. 87 of 2005
of board of
directors
ParticulaThis company has an Entered register 1 May 2006
concemmg pursuanttl1eprovisions of
appoinlm<::nt At1.ick 136, Act No. 87 of 2005
of auditor(s)
Se1ialno. Ta-*Underlined particulars have been erased from the register. 415
203 Kyodo Senpaku Kaisha, Ltd.
Corporate registration no. 0100-01-041436
4-5 Toyomi-cho, Chuo-ku, Tokyo
Particulars Transcribed 20 May 1999 pursuant to paragraph 3 the
coilceming record supplementary provisionsto Ministry of Justice Order No. 15 of
of register entries 1988
This is a certified record th~ap:rticulars contained in the register which have not
been closed.
(Jurisdiction: Tokyo Legal Affairs Bureau)
22 December 2010
Tokyo Legal Affairs Bureau Nakano Branch
Registrar Toshiaki KOBAYASHI [official seal stamp]
Serial no. Ta-405837 *Underlined particulars have been erased fthm<e~ister. 5/5
204 OIS'i':Jtlit.IIIIJ4.S".t
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209 Annex 110: Government of Japan, Japan FisheriesAgency, “Results of the 24thAntarctic
Ocean Cetacean Capture Survey (JARPAII) in FY2010” (Press Release,
21 March 2011) at Ministry ofAgriculture, Forestry and Fisheries website,
<http://www.jfa.maff.go.jp/j/press/enyou/110321.html> on 18April 2011
PRESS RELEASE
21 March 2011
Fisheries Agency
'Results of the 24thAntarctic Ocean Cetacean Capture Survey
(JARPA II) inFY2010'
We would like to announce the results of JARPAII in FY2010.
1. Date ofDeparture of the Whaling Fleet
Thursday, 2 December 2010
2. Whaling Fleet Vessels and Date ofReturn
Leader : Hajime Ishikawa (ICR)
Research Vessels:
Nisshin Mam (8,044 tonnes, Captain: Tomoyuki Ogawa, 119 crew members)
Monday, 21 March 2011, Tokyo Port, Tokyo prefecture
Yushin Mam (720 tonnes, Captain: Yasuaki Sasaki, 21 crew members)
Monday, 21 March 2011, Shirnonoseki Pmt, Yamaguchi prefecture
Yushin Maru 2 (747 tonnes, Captain: Kiyoji Hirose, 22 crew members)
Monday, 21 March 2011, Shimonoseki Port, Yamaguchi prefecture
Yushin Mam 3 (742 tonnes, Captain: Toshiyuki Miura, 22 crew members)
Monday, 21 March 2011, Shirnonoseki Pmt, Yamaguchi prefecture
3. Waters for Research
Southern Ocean south of 60 degrees latitude (from east of 35 degrees longitude and
from west of 145 degrees longitude)
4. The Number ofCatch
170 Antarctic minke whales and 2 fin whales
5. Implementing Agency
The Institute of Cetacean Research
6. Summary of the result ofFY2010 scientific whaling
• The total distance covered for the research was 1,877.2 miles. Four species of baleen
whales and four species of toothed whales were seen. Antarctic minke whales (530
groups, 1,576 whales), humpback whales (44 groups, 83 whales) , fin whales (34
groups, 120 whales) were seen, in descending order.
210 • Other than lethal research , we took visual recordings of whale markings (*1) and
took biopsy samples (*2) as observation survey of ocean environment and non-lethal
research.
* 1: The research is to film whales to identify an individual whale by external
features (colour, shape offins , scurs).
*2: The research is to take samples of whales' skin to analyse DNA
<Results from lethal research>
• We caught 62 male and 108 female Antarctic minke whales. Among the catch,
66.1% uf tht: malt: whaks and 87.0% uf ft:mak whalt:s wt:rt: malurt:d. 91.5% uf lht:
matured female whales were pregnant. The high percentage of pregnancy was
normal, which indicated reproduction of Antarctic minke whales in the Southem
Ocean was sound. Gender and maturity of Antarctic minke whales was very
different between the different areas. Female whales concentrated in the Ross Sea,
and immature female whales and matured male whales were populous outside of the
Ross Sea.
• We caught two fin whales: one fin whale each from two different groups. One was
19.05 metres long and the other was 18.99 metres long. Both of the whales were
male and ate Antarctic krill. The biological data collected from these whales, along
with past samples obtained by JARPA, will be valuable data to understand the
ecosystem in the Southern Ocean.
• We can obtain plenty of data and samples from all of the caught whales . This
includes measurements such as earplugs (which is necessary to assess age), blubber
thickness (which is necessary to assess nutrition and health), and parasites. This
survey's records, data and samples will be analysed by researchers in a variety of
fields, and it is expected to contribute to help progress research into cetacean
resources . The results of the study will be announced at the IWC and academic
societies .
<Results from non-lethal research, includin g sightings survey>
• The three species of whales were distributed in distinctly different waters. Most of
the cetaceans seen in the Ross Sea were Antarctic minke whales. Until the ice
completely opened, humpback whales were distributed off the ice edge of north
Ross Sea. Blue whales were seen here and there from the ice edge to off the ice edge
of the north Ross Sea (10 groups, 19 whales), and one blue whale was seen inside
the Ross Sea.
• Killer whales formed a big group in the Ross Sea (5 groups, 136 whales). An attack
by a killer whale on an Antarctic minke was seen and we successfully obtained
biopsy samples.
7. Others
The anti-whaling organisation Sea Shepherd was obstructive during this season's
JARPA. The Sea Shepherd 's activities threatened the lives and property of Japanese
vessels and scientific whaling crew members and it is not at all acceptable.
211 Allbaugh Japanr"p~altc:qo:sd couolric.'concemc<l[thobstructionsJ
at every opJ>Orttutit,yincluding tltdt~nn dthkmoUterbout Nisshin
Maru w•s~basebd Sea Shepberd·s vessel Bob B•.rbecamndifficult to
ensurseciunfthewhafing11eet.
Furtht, bmcuseatolhct'sahepl1crd vt:S;c( Sl<"'eln<tin wao about to •!pproa,;h,
we decideclce.1Utis season's research inprol~ctftengves. of crew
memberandtbe propof dtwh3linfleet.
RegardingobstructionacvgiintieJ..~PA.
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215 Annex 111: Special Survey Projects Business and Service Document,(24 November 1988)
Special Survey Projects Business and Service Document
Chapter 1 General Provisions
Purpose
Article 1
The purpose of this Business and Service Document is to establish provisions concerning the
implementation of special surveys to be carried out by the Institute of Cetacean Research
(hereinafter ''the Institute") basedon the provisions of Article 9 of the Institute 's Deed of
Endowment and with regard to international conventions , and the management and
disposition of the assets of the Special Foundation, and thereby contribute to the smooth
implementation of the special surveys.
Chapter 2 Special Surveys
Section 1 General Provisions
Definitions
Article2
The special surveys pursuant to Atticle 9, Paragraph 1 of the Deed ofEndowment shall mean
the following:
1. Surveys based on the Cetacean Research Capture Project Implementation Guidelines
(1987 Sea Fisheries, Japan Fisheries Agency No. 3775 dated 17 December 1987,
Administrative Vice-Minister of Agriculture, Forestry and Fisheries -Directive) (hereinafter
"cetacean capture survey")
ii. Sighting surveys and marking surveys in respect of whale stocks commissioned by the
Japan Fisheries Agency (hereinafter "cetacean sighting surveys'')
Basic operational policy
Article 3
When implementing the special surveys, the Institute must take into account the research
funding provided and endeavour to ensure that the survey purpose is achieved effectively.
Section 2 Cetacean Capture Surveys
Formulation of plans for cetacean capture surveys
Article 4
i. The Institute shall consult an experi committee according to ArtiCle 35 of the Deed of
Endowment when formulating the draft plan for cetacean capture survey plans.
216ii. Pursuant to the preceding paragraph, the Institute shall consider comprehensively the
following matters when formulating the draft plan for cetacean capture survey plans:
(a) Trends in whale stocks as assessed by the Scientific Committee of the Internationa l
Whaling Commission (hereinafter "IWC");
(b) Trends in the IWC's comprehensive stock assessment;
(c) Collaboration with international organisations and overseas researchers;
(d) The international situation concerning whales; and
(e) Other matters necessary in the formulation of the survey plan
Submission of cetacean capture survey plans
Article 5
The Institute shall submit to the Director-General, Japan Fisheries Agency, the cetacean
capture survey plan it has formulated .
Cetacean capture project expenses
Article6
In principle, the expenses required to implement the cetacean capture surveys shall be paid
for from government subsidies or assets from the Special Foundation .
Implementation of cetacean capture survey
Article 7
The Institute shall chatter vesse ls to be used for the cetacean capture surveys (hereinafter
"survey vessels'') according to the provisions of Article 8 through Article 10, and shall
deploy Institute staff on such survey vessels to carry out the cetacean capture survey.
Selection of survey vessels
Article 8
The Institute shall contract a charter party for the chartering of survey vessels through a
nominated competitive bidding process. However, the Institute shall not be constrained by
this should there be other vessels considered as particularly appropriate for selection as a
survey vessel, given their constmction, propulsion system, equjpment and other
specifications.
217 Conclusion of charter parties
Article 9
After selecting a survey vessel according to the provisions of the preceding Article, the
Institute shall conclude a charter party with the owner of the survey vessel by preparing an
agreement that includes the following items:
1. Charter purpose
u. Charter fee
m. Charter duration
iv. Contract deposit
v. Charter fee payment terms and date and method of receipt
vt. Audit andinspection
vu. Arrears interest, penalties and other damages due to delay in performance
vm. Burden of risk
tx. Liability for defect warranty
x. Resolution of contractual disputes
XI. Other necess tem s
Charter fees
Article 10
The charter fee for survey vessels shall be calculated based on criteria determined by the
Director-General of the Institute upon approval of the Board of Directors, which shall take
into account personnel costs, costsf depreciation, repair costs, costs of consumable supplies,
and interest rates.
Reporting of survey results
Article 11
After implementing a cetacean capture survey, the Institute shall submit a report to the
Director-General, Japan Fisheries Agency, conceming the survey results no later than two
months after completion of the voyage.
Processing ofwhales taken
Article 12
In accordance with the intent of Article 8, Paragraph 2 of the Intemational Convention for the
Regulation of Whaling, whales taken for the cetacean capture project shall be effectively
utilised soar as ispracticable.
218Selling of whale products
Article 13
i. From the standpoint of effective utilisation , whale products derived from whales taken
as part of cetacean capture research may be sold in Japan only and the income received from
those sales may be considered as income. However, should the Institute attempt to sell whale
products , for each survey, it must obtain advance approval to sell whale products from the
Director-General , Japan Fisheries Agency .
ii. If the Institute wishes to obtain the approval stated in the preceding paragraph , it shall
use the appended application form on which it shall state the production amount for each type
of whale product, and, in the case that the Institute will be selling the product itself, details of
the planned sales volume and sales method, and, in the case of selling on consignment, details
of the name of the agent and the commission fee.
111. Soon after completion of the sale of whale products, the Institute shall promptly report
the sales resultsto the Director-General , Japan Fisheries Agency, using the appended form.
Payments to Government
Article 14
In the event that the cetacean capture survey records a profit as a result of the sale of whale
products pursuant to Paragraph 1 of the preceding Alticle, a defined amount calculated by the
method determined by the Director-General, Japan Fisheries Agency based on the provisions
of Article 7 of the Japanese Cetacean Capture Project Implem entation Guidelines, shall be
paid to the Government.
Management of income
Article 15
The income remaining after the profit payment has been made according to the provisions of
the preceding Article shall be spent on the expenses associated with the implementation of
cetacean capture surveys . However, there may be exceptions as resolved by the Board of
Directors and approved by the Director-General , Japan Fisheries Agency.
Section 3 Cetacean Sighting Surveys
Acceptance of commission for cetacean sighting surveys
Article 16
If the Institute accepts a commission to undertake a cetacean sighting survey and receive s a
commission fee from the Government, the Institute shall endeavour to implement the survey
within the scope allowed by the commission fee.
219 Implementation of cetacean sighting surveys
Article 17
The Institute shall charter vessels to be used for cetacean sighting surveys (hereinafter
"sighting survey vessels'), and shall deploy researchers on such sighting survey vessels to
carry out the surveys.
Corresponding application of provisions concerning whale research
Article 18
If the Institute accepts a commission to implement a cetacean sighting survey in accordance
with the provisions of Article 16, the provisions of Article 8 through Article 11 shall apply
cotrespondingly to the implementation of cetacean sighting surveys with regard to the
selection of the survey vessel, the conclusion of a charter party, the charter vessel fee and the
reporting of the survey results.
Chapter 3 Special Foundation Assets
Management of Special Foundation Assets
Article 19
The assets of the Special Foundation shall be managed in the following ways:
1. as deposits in a bank or other financial institution,
11. as money in trust in a bank offering trust services or a trust company,
m. as acquisitions of Govetmnent bonds, municipal bonds, bonds issued by a corporate
entity established by a special law, beneficiary certificates in loan busts, or other securities as
specified by the Director-General, Japan Fisheries Agency,
iv. as a trust for the securities specified in the preceding item with a trust company or
bank offering trust services, or deposit with a securities company.
Disposition of Special Foundation assets
Article 20
i. The assets of the Special Foundation shall only be used for special survey expenses or
for the costs incurred for collections for the Special Foundation.
ii. When payment using Special Foundation assets is to be made for the costs of special
surveys, an expenditure plan must be formulated in advance, passed by the Board of
Directors , and approved by the Director-General , Japan Fisheries Agency.
111. When a disposition of Special Foundation assets is necessary because it is not
possible to carry out the special surveys as specified in Article 2, the disposition shall be
220passed by the Board of Directors and approved by the Director-General , Japan Fisheries
Agency.
Inclusion in ordinary assets of income arising from Special Foundation assets
A1·ticle21
Income which has been created using the Special Foundation assets, passed by the Board of
Directors and approved by the Director-G eneral, Japan Fisheries Agency may be included in
ordinary assets.
Chapter 4 Miscellaneous Provisions
Detailed regulations
Article 22
In addition to the matters provided in this Business and Service Document, the Institute may
determine detailed regulations about items concerning the operation of business relating to
the special surveys and the Special Fmmdation assets provided that such regulations are
passed by the Board of Directors.
Supplementary Provisions
i. This Business and Service Document shall take effect from the date of approval by
the Minister of Agriculture, Forestry and Fisheries (24 November 1988).
ii. The whale research implemented in the 1987 fiscal year based on the Cetacean
Research Capture Project Implementation Guidelines (17December 1987, 1987 Sea Fisheries,
Japan Fisheries Agency No. 3775, Administrative Vice-Minister of Agriculture, Forestry and
Fisheries - Directive) shall be deemed to have been implemented in accordance with this
Business and Service Document.
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224Annex 112:S Ward,Biological Samples and Bala, (Institute of Cetacean
Research, 1992) [excerpt]
'
\
.
\ ' 225 Verdict
The object of this paper Is to allow Informed answers to be made to the following ques
tion>. Is the research comrncrciul whaling in <.lsameans of kCi>pingmen and/
or hardware in a state of operationa l readita means of providing jobs to dis
place<.lwi1alcrsisit a combination of, or none of. the above?
A>I <tated in my introduction, one cannot reach a firm conclusion without a
study ofthe science in\-oh·. ut some aspersions can at least be dbcounted. In other
word>, Irom the .,,.;drnce presented we cconclu d ~•tth~rt:searcll i<,but we can
say what nisnot, oriunlikely 10 he.
Kydefin ition, a commercial ovcrntlon is designed to make a profit, either nnw or bter
The research being conduct11'he Antarctic is nproflt .Ihrl~re or less pays for
itself, while the ICRclaims lo tnt'ur a Mm•ll loss. If one tak•·<into acroun t the other non
lethal projects being funded by the Fisheries Agency,and the a<lmlnistrative costs of
running the ICRyear-round, the ln<tlrure Isa black hole for money.
Kyodo Senpaku is prlv~ rmcerprise which rt'Ceivcsrnone)' for services ren·
<kred. But is it merelyvamped version of its preden>ssor, the commerdal whaling
company Kyodo Hogei?On the face of H, yes.Yetit has experienced a 74% drop in
Income ,;nee 1987 while costs have do:clined negligibly. Hardly big business.
rhere is reason~uppo his state of affairs might not have heen the intention
oftht>drafters of the resepl~hnThe original proposal in Murch 1987 called for the
takingof 825 minkesand up tSO spernt whales annu:1lly. The sperm whwer~
\Uhsequcnlly dropped and the number of minkes more Ihim !wived, hut had this plan
been enacted thpron t~·solumn would look very different today. If this were the
case, one mjght arguP mnvindngly that the by-products were ilproducts", that is,
the raison d'ctre of the research.
Officially, the Isunperturbed b)•the rut s.~r sie;ltey claim to have
I.'Oj>ensatcdby refining mtthodology and extending the term of the program. The
men tins, meanwhile, complain privately that their work ha>been made much harder,
but their complaints ha,·enothing to do with dollar. and cents. llut what of the Fisherlei
Agency, which now funds part ol the research? Had it originally hoped the sale of by
products would coverh~entirecost, hence dispensing with the needgovcrnm~nt
>uhsidy? And what of the three fishing companies which est3blished Kyodo Scnpalm?
H3d they been counJjng on a profitable researrat10n?
One can on lyS]>eculate when it comes to what might have bei'n. Though pri
vately none is happy with the present sample site, the FisheriesAgency and Kyodo
S•mpaku have made a commitment to a long-term research program in irs present fonn.
It is this we must deal Wtth, and the research as it stands t>a los>-maker.
34J Verdier
226 Argumrnt> whidt merit more consideration arc those concerned with mid-term business
prospects.pa nakes no secretIIh~o~ to resume commercial whaling. and it Is
conccivnblIhOt the research has (Ofllti\to keep in place lnfra~tnl OCfIUre
thr imlustrsothnt It mr<>Su11at >mne point in the future. The evidence'' t,ortrom
conclusivl'but 11cannot be disc-ounted.
There Is, however, a third alternah\·c. whach m~tarealistic ThI~th3t
bona fide research is proceeding m harmony "uh a >mall-scale mmmerclal OJX'mtion.
Dte raiwn d'cu<·ts science, but it is the commercial elma~et heir~>tarch
po;soble b)'generating fundsand gi\tot meanmg- by keeping inlJU the lndmtry
\\'bich It is Intended to IX'nl'fit.
Th• >ckntins employed •t tltc IC~"""i11yomere.stM In science lor its nwn
sake. DwydOCnnt tQnccrned with the politics of whaling. Neither wuulcl th(')'tolerate,,
hlgher authurity pres.<urlng tC()Oth~lrtrlll11favour of the whaUng Industry.
1111scannot he dCnstratedbut I know h to he true. Havingsaidthat. however, the
scicnlls~~ ultluwtclpawns.It Is not they who dwheth~ whall"i Jfl'caught or
lHHVn'mnyThe••do their lx'"'ithe toohtht:)'a>;1VL"!n.
More unpm tant to consider arr the ptactlc,,l realities of conductong th•• r."'.'arrh,
allthl\lalll'orthe FtShNiesAgency and oll<)ltUO S.,npaw.
tlnc rcallt) which •dmimsuamust face ts that, rcgaof tlw sclenuflc
merit oc.tcho \n~ples, the research could not continue without thc inconw from
selhngthe b\·pwduch. Another is tbat JX'r'><Hlltacrlc needed to ta~istthe and
scienllson Ill•· Am.orand the best people for the jub arc whalers. ThOil,st flOC>
ami t!noc.ndag;oinwe find tint~c-sofsdcn, ·c uw rl.lpplng swit hthosI)(the
whallng Industry.
l'roon tperspc~ oflvyodoSl'npaku, mc.n11vhllt',i>avol'\\'that ol
whalingwere tocca<efur,<ay,1years, It might be dlflino!t to restart. Rese.orchwhaling
Lherdor~has h~ hcnd it of sustaiaminhn.tllnlrastrurtand no" 'opnt<lu BuI~.
the resch ;:e~rnc~uch more besidtitrm.•.m\ f1nd~det if ividence that wtU
coawlo th~ IWC.to lift the moratorium. Iwa)'Stherefore, the future olthc
whnllngindu~' lle)In~knc~.
And ot1~b<>tauscthe future ofindu~t le<in science that the Ihhc oie>
Agency both controhulrs funds tIC!land loci(>Sl<yodoSenpaku remvabl~ l.e
l'isherlesAgcn<) dell.·'not fund <cien"' fsn~eh;funds science whiwill
benefit lndu\ •nd thc JX"flofJapan. theILWs fl•llfch were to hrlng abo ut the
end of the tnonHorlum but tlu:re "'Preh.rtotlHlcwhales,at the end thlday
those lunds woul<lhe wrosiclcred Ill-spent.
'Ihi' could he lnieop•staskinUtesdcnth 11~~er'"ocgud." ..:oeme and
the whalingndu~t rere i<some truth in thh ; thr IC'Rdengage on"h•t nol)lltl
hocalhxl •pur'cionco"Butd~s It mean tho IX'netl~IN)O are lessenel'e"erst•I)',
the answeris ••ttuallv the opposnu.~mbr otnthe-gent!ralpublicwho hatler\
fac<-dtht.u of raa>lngfunds to stbu~in ,I-heasy to cry foul when s~m
ingly Incongruous p.1rllesjom hands . funds donotcd b) $JX'<iaJ.Interestgroup< to Jll>llti·
VM!IU I ~~
227 cal campaigns can be likened to bribes ,but that doesn't mean every politician has sold
his soul. What it means is that, for better or worse, you have politicians. Ifall politicians
had to do paper rounds to make ends meet. no one would become a politician. Scientists
t.he world over are faced wita constant dilemma of how to get funding, butlf U1ey
accept ascholarship from aprivate enterprise, does it follow that the science mube
biassed towards the interests of his benefactor? if so, then good science can only result
when shielded from all contact with business interests, but if all science likethat ,
there would be almost no science. The problem iSmoney; science costs too much and if
itis not funded by the government, the money must be raised by other means. Cetacean
research is no exception.
Ifthere b this commercia l element in the researchitin no way tallies with the image
ereated b)•critics. and In particular b)•Green1>eace.The thru st of this group's attack,
stated openly or implied, ls that we are being taken for fools:
•A/111011l111jil(xmesecl<i t/le cull (orreset11dturpos Grem pmce tstletemritrcdto stop
tlli•$/0 million han'!'st w/liclwlm/e'steaks011S<lle in Tok(orSSO a kilo.(flied by
Matk Scott from the M.V. Gondwana, Dec. 13, 1990}
"Researchisti arcoll<at/apnn per(imli.Ikeep tirsupermarket.>.\lllCked•.(campaigner
V1ckiGetz quoted by Reuter, Wellington, Oec. 23, 1990)
This isa particularly effective approaas no one likes tobe duped .Our lntelligem:es are
being insulted and we should therefore be angry. a totally understandable and human
response .
Rut ifthe re>earch il so obviously a sham, why have Gr<"enpcaceand others made
no attempt to support th e accusation with figures? Because the figures don't support the
accusation. Talkor a ''$10 million harvestisvery compelling to a 'asua l reader, but wit)l
nu consi .lratio n given to (tlsts it is meaningless.
'J(j llerdlcl
228Annex 113: H Hatanaka, Foreword to the Institute of Cetacean Research (ed, he 3rd
Summit of Japanese Traditional Whaling Communities: Muroto, Kochi:
Report and Proceedings,(Institute of Cetacean Research, 2004), 7
229 TheJ••Summit uf
Japanese
Traditional Whaling
Communities
Muruto. Kocbi
Report and Proceedi ng s
Ci~tuf ;\lumlu
The ln ,l iiUCetacean ne,curch
230 01rht-t\'Jot~'1'
Th1.•ln,llltC\'l,lhH.t'.~o~h
I \\OUht I1w.~'"1 "'1hc-ar tt~l..1t1h1~II 01 \1un .lln .mJ oth,••
IUUilk.IJ-.;I\\cll.l\.uu .Vf&!UIIIIoJhilht.' '-Uio'.:tJr."'umi1Hl
''J.•~n Tr:dh•n.d \l1.1 Conununn•c.....
Mun•h•.._ucht•t hX'o11._,o,;h• prt:h.:h;~\ben onto( lht.:cmr.•l
"hnlinp fcJum'Ill early mt,t.lcru J\nor!)'nniJ\\hahnl! 'P·I.:m ",. ..
t.h:""'u rh.uhllnllrnc.rho,h·-.hm ',tuh~1ctN.:" mul k llltn\:r-. umf
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\\'11."a'!f~md du• 11\r,,.,,'\.huw.l').....ldumlcrtt\\ni Wi~.ll
"h:.tl!rl.'tv bJ rna.1n-u..yuLhJpsuutk•d poquah anun:tJ pwa..·m'"
the pet" '~J-lJk .-\hhttu,unltti rh't,,U.•c•.:iol \\lmlllthc~n'
"·mnplttt:'l),u..rcnf.lc. .-11''-'II"'"'',.~.cn h::~ "'""cu•ttl '"
\'JIIIon tnlh"l!tcnlt\\halinl""nJ«.._,,11\lm.tchln~tth.''ucr·:c..ln
R,•'<,lfd\\'. :m h.thn)! \\oluch \'fJn\·cntratcd \111!lhtt:\UfUld\)\!h1tlC't"'il
llltl\.\~hk!.•I tIJ<tt!"\.lk..In I.'UllJ.•f'"l.JnJc~n\h~h u11l11.....-
ll ~ntr.·'hale'ith~ ~·u"'".'yh:ng. m 1M "Pnh L'f)rr.llihk.feleor the anmaJ
n~tu n:" Jli'!Wtd«t u... ..-ould he Ilk' pn)tHI)jlot for ,u,toun. tbJe \\hJiu'g ut lhc
ruh_.r,•.
I hdic,,• U "t111C.•mt n•~(.ulIO..l.·l"or~hn" '.anou" "'"l"•I'\:•1
11fllll~~ filln&!1b.lll.l\1'• olpn~A.":.1110 d1"U" thl.lll;i\lithr
I~f"l\.''I•\1urutu. ldl~ lh.llii(\.ol...i.rJa.~inJnr.a nht·p
TI1i"'' .- r\fithe ltd Summu hdd tn \lurPIU. I h1"'II u"d ul ol1'kl
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.ullhHr"'and~o,_· hl iln ·'nn''II\m
7
231 Annex 114: Institute of Cetacean Research,Rules for the Processing and Sale of
By-Products of the Cetacean Capture Research Program , (ICR No. 570,
12 January 2001 and as amended to 31 May 2006)
Rules for the Processing and Sale of By-Products of the
Cetacean Capture Research Program
ICRNo. 570
The Institute of Cetacean Research
Instituted 12 January 2001
Amended 10 September 2001
Amended 15 July 2002
Amended 7 July 2003
Amended 9 July 2004
Amended 31 May 2006
I. Core policy
Under a special permit granted by the Fisheries Agency in accordance with the
International Convention for theRegulation of Whaling, the Institute of Cetacean
Research (hereinafter 'the ICR') carries out capture surveys in the Antarctic Ocean and
the Northwest Atlantic Ocean in Ol'derto obtain scientific information necessary for the
preservation and management of cetaceans. The by-products ofthes e surveys
(hereinafter 'by-products') are sold within Japan for the purposes of ensuring effective
use consistent with the spiritf paragraph 2, Article 8 of the International Convention
for the Regulation of Whaling and procuring funds necessary for the conduct of capture
surveys, etc.
Cetacean capture surveys are not a profit-making enterprise but a form of scientific
research conducted under the direction and support of the national government. Bearing
this in mind, when selling the by-products, the ICR is expected to accord priorityto
demand from public interest sectors, to ensure transparency and fairness, and to allocate
the by-products among a large number of consumers.
To this end, the ICR hereby prescribes a set of Rules for the Processing and Sale of By
Products of the Cetacean Capture Research Program in accordance with the directions
of the Fisheries Agency and the results of deliberation by a Sales Committee composed
of experts. These rules shall provide a basis for ensuring transparency and effecting the
proper distribution of by-products.
II. Definition and classification of by-products
(1) Definition
The 'by-products' referred to in these rules are the frozen products derived from whale
carcasses in the course of cetacean capture surveys conducted by the ICR and offered
for sale in accordance with paragraph 2, Article 8 of the International Convention for
the Regulation of Whaling.
232(2) Classification
[1] Classification byproduct type (see Table 1)
a. Red meat: Red meat, small cuts, breast meat, processed small cuts, processed breast
meat, etc.
b. Offal: Belly ridge 1ide, tail fins, internal organs, etc.
[2] Classification by allocation type
a. Public interest: For use in activities with a public character :
i) Distribution to local residents; ii) School meals allocation; iii) Medical services
allocation; iv) Public education initiatives.
b. Commercial: For consumers through wholesale markets, fisheries cooperatives ,food
processing enterprises, restaurants and other distribution routes, in order to facilitate
provision of opportunities for the general Japanese public to consume whale products:
i) Market use; ii) General use
III. Sale of by-products
(1) Sales operations
By-product sales operations shall be assigned to organisation(s) considered appropriate
by the ICR (hereinafter 'sales agent'), chosen from among organisations which have a
given degree of expertise in the handling of whale products and which have submitted a
sales plan for the purpose of ensuring that sales are fair and transparent.
(2) By-product sales destinations
[1]Public interest
a. Distribution to local residents
Local government authorities which request purchase and which the ICR determines to
have a strong connection to the culture of whale consumption and whaling
b. School meals allocation
Boards of education, schools and organisations for the processing and preparation of
school meals
c. Medical services allocation
Medical institutions and organisations which request to purchase whale meat necessary
for medical care purposes
233 d. Public education initiatives:
Organisations which conduct activities to popularise the culture of whale consumption
and initiatives in public education such as promoting the resumption of whaling
(includes antenna shops contracted by the ICR)
[2] Commercial
a. Market use:
Intermediate wholesalers, etc. purchasing through wholesalers (consignees) at central
and regional wholesale markets designated by the ICR to receive shipments
b. General use:
Fisheries cooperatives, food processing enterprises, wholesale merchants, mass retailers,
restaurants, etc.
(3) Point of Sale Prices
The prices of all by-products at the point of sale by the ICR shall be determined in
advance under the direction of the Fisheries Agency. Further, the ICR shall conduct
periodical market price surveys in order to ensure that the by-products are soldat
appropriate prices on the market
Prices for sale of by-products in the public interest shall be lower than prices for
commercial sale. In principle, a d~cou nft10% (one third for the school meals
allocation, one half for the medical services allocation) shall be applied to public
interest sales.
For commercial sale of by-products, nationwide uniform prices shall be set for each
product type and for each species of whale from each capture survey. For commercial
purchasers making total annual purchases greater than a certain value (50 million yen), a
discount of 10% shall be applied to the purchase amount in excess of that value. In
principle, the volume of purchases by any single purchaser shall not exceed 10% of the
total annual volume of supply.
(4) Conditions applying to sales
[1] Public interest
Sales plans and activity plans must be approved by the ICR in accordance with aformat
prescribed separately.
If there is a breach of the conditions of sale or other fonn of misuse, the organisation
involved will be required to return the remaining by-products and will not be sold any
further by-products until it is clear that the situation has been rectified.
234a. Distribution to local residents
i)This is limited to purchases made by local government authorities using public funds.
ii) When paying for the by-products, the local government authority shall provide the
sales agent with a written statement of payment particulars.
b. School meals allocation
i)Applications for approval of sales plans shall be accompanied by an application letter
from a board of education, school, or organisation corresponding thereto.
ii) Purchase prices shall be paid to the sales agent in advance, in principle.
c. Medical services allocation
i) Applications for approval of sales plans shall be accompanied by a certification letter
from a medical institution or medical practitioner which requires whale meat for
medical care.
ii) Purchase prices shall be paid to the sales agent in advance, in principle.
d. Public education initiatives
i) Applications for approval shall be lodged by the head of the organisation conducting
the initiative and accompanied by a plan for the initiative.
ii) Purchase prices shall be paid to the sales agent in advance, in principle.
[2] Commercial
a. Market use
Sale of by-products for market use shall be conducted in accordance with the Guidelines
for Market Sale ofFrozen By-Products of the Cetacean Capture Research Program
prescribed separately.
b. General use
The sales agent shall prescribe the product types, sales volumes and other conditions
following consultation with the prospective purchaser.
In order to ensure fairness, the results of 'general use' distributions (volumes distributed
to and amounts paid by each recipient) shall be collated for each business year and
made public.
(5) Reporting
235 All organisations which have purchased by-products for public interest purposes must
within six months of purchase submit to the ICR a report on use or sale in accordance
with a format prescribed separately.
If necessary, wholesalers (consignees) which have purchased by-products for market
use may berequired to report sales destinations, etc.
IV. Allocation of by-products
Allocations shall be made to each purpose of use in accordance with the proportions set
out in Table I [TN: Table not attached]. These proportions shall be applied severally to
each product type, but adjustments may be made in each product type in cases of over
or under-supply to a certain purpose of use.
V. Miscellaneous provisions
By-products which are not sold within the scheduled sales period may be processed and
sold following advance consultation with the Fisheries Agency, notwithstanding the
provisions of '3. Sale of by-products' and '4. Allocation of by-products' in these Rules.
This shall be allowed only if there is a recognised risk of impediment to the conduct of
the Cetacean Capture Research Program in the following year, and conducted within the
scope necessary to effect prompt completion of sale.
In the case of sale of sperm whale by-products, allocation recipients shall be identified
specifically in light of the special characteristics of consumers, modes of processing, etc.
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240Annex 115: Kyodo Senpaku Kaisha Ltd, ‘“Subject: Changes in the Shareholder
Composition”, (Press Release, 24 March 2006) at Japan WhalingAssociation
website, <http://www.whaling.jp/english/articles/060324news.html> on
9 March 2011
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241 Annex 116: Institute of Cetacean Research and Geishoku Rabo, LLC, “New organisation
for whale meat sales promotion”, (Press Release, May 2006) at Japan Whaling
Association website, <http://whaling.jp/press/press06_05.html> on 9 March 2011
PRESS RELEASE
May2006
Institute of Cetacean Research
Geishoku Rabo, LLC
'New organisation for whale meat sales promotion'
1. Background
Following the increase of whale meat supplies as research whaling expands, on 1 May, a new
organisation was incorporated to undertake on commission from the ICR the retailing of
whale meat, toassist in the revival and expansion of Japan's traditional whaling cuisine and
to strengthen current whale meat sales systems.
2. Summary
1. The new organisation is a limited liability company (LLC) as recognised under the New
Companies Act~ it is called Geishoku Rabo [TN: lit: Whale Cuisine Laboratory] and it will
have a limited five-year term pursuant to its Articlessociation.
2. The president of the new organisation will be an external sales promotion consultant
appointed from the whale meat marketing industry. The number of staff will be
approximately ten.
3. Initially, the new organisation will sell whale through channels that do not compete
with Kyodo Senpaku, the organisation already commissioned to retail whale meat.
Specifically, Geishoku Rabo will conduct direct sales to school lunch providers, prepared
meal providers and supermarket organisations, as well as conducting internet sales.
3. Other
To facilitate the retail sales of whale meat, in conjunction with the establishment of the new
retailing framework, theCR's "Rules for the Processing and Sale of By-products" will be
amended, including simplifying distribution ratios and relaxing distribution conditions.
242 l'agI OtI
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243 Annex 117: “Japan FisheriesAgency and ICR Establish Whale Meat Retail
Company, Develop New Sales Channels”, Isana 26 (Japan Whaling
Association, June 2006)
'Japan Fisheries Agency and ICR Establish Whale Meat Retail Company,
Develop New Sales Channels'
Source : ISANA 26 (Japan Whaling Association), June2006
On 9 May, the Institute of Cetacean Research and the Japan Fisheries Agency
announced the incorporation of the whale meat retailing company, Geishoku Rabo
[TN: lit: Whale Cuisine Laboratory] , located in Minato Ward, Tokyo,to promote the
sales of whale meat on the open market. The new company was established as a
limited liability company (LLC).
With the increase in whale meat supplies due to the expansion of scientific whaling,
Geishoku Rabo aims to open up new sales channels, and intends to approach
industries not previously targeted for retail sales such as school lunch providers,
prepared-meal providers and the chain restaurant sector.Itis forecast that the supply
of whale meat in 2006 will be 5,500 tonnes following the scientific whaling
expansion, which is approximately 1.4 times the amount supplied during the previous
year. Geishoku Rabo will aim to sell 1,000 tonnes of this amount.
Geishoku Rabo has a limited five-year term and plans to review its business
methodology after three years. Initially, the company will employ 10 persons.
Geishoku Rabo will fully commence operations on 20 June.
244 ---~ [ ISANA ] vol 26 2008• 6A
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245 Annex 118: Institute of Cetacean Research and Kyodo Senpaku Kaisha Ltd,
By-Product Consignment Sales Agreemen,t(5 June 2007)
By-Product Consignment Sales Agreement
The Institute of Cetacean Research (hereinafter referred to as "the Institute'') and Kyodo
Senpak:u Kaisha, Ltd. (hereinafter referred to as "Kyodo Senpaku") hereby enter into the
following agreement on consignment sale of by-products of the 2006 Fiscal Year Antarctic
Ocean Cetacean Research Capture Program conducted by the Institute.
Consignment of Sales
Article 1
The Institute engages Kyodo Senpaku to sell the by-products, and Kyodo Senpaku accepts
this engagement.
Han dover of by-products
Article 2
t. The by-products shall be handed over at a place, date and time determined upon discussion
between the Institute and Kyodo Senpaku.
ii. Inspectionof by-product weights and contents shall be conducted at the point of handover,
in the presence of the Institute and Kyodo Senpaku.
iii. Kyodo Senpak:ushall issue a notice of receipt of by-products to the Institute without delay
after completion of the inspection of weights and contents prescribed in the preceding
paragraph.
Method of sale
Article 3
Kyodo Senpaku shall conduct sales in accordance with the recommendations of the Sales
Committee, an advisory committee of the Institute, and in accordance with the Rules for the
Processing and Sale of By-Products as determined by the Institute.
Indemnity
Article 4
Kyodo Senpaku shall bear no responsibility whatsoever for damage resulting from loss, harm
or other accident to by-products after handover except for reasons attributable to Kyodo
Senpaku.
Sale conclusion date
Article 5
Kyodo Senpaku shall conclude sale on a date after handover of the by-products to be
determined following discussion between the Institute and Kyodo Senpaku.
246Liability for expenses
Atticle 6
The following expenses associated with storage and sale of the by-products written below
(hereinafter referred to as 'sales expenses') shall be borne by the Institute , and paid on the
Institute's behalf by Kyodo Senpak:u.
1. Inbound and outbound warehouse charges
11. Storage charges
111. Freight
1v. Bookkeeping charges
v. Loading and unloading charges
v1. l\1arket commission charges
vn. Other miscellaneous charges
vm. Expenses associated with sales promotion
Consignment fee
Atticle 7
When Kyodo Senpak:u sells the by-products, the Institute shall in accordance with Kyodo
Senpaku's request pay Kyodo Senpaku a consignment fee equal to 5.58% of the sales
proceeds. Atnounts shall be exclusive of consumption tax.
Settlement of sales proceeds
A.1ticle8
i. Kyodo Senpaku shall subtract the sales expenses prescribed in Alticle 6 and the
consignment fee prescribed in Atticle 7 from the sales proceeds tallied at the end of each
month and pay the remaining amount to the Institute by the 20thday of the following month.
ii. For by-products for which the date of conclusion of sale prescribed in Article 5 has been
reached, Kyodo Senpak:ushall subtract the sales expenses and the consignment fee prescribed
in the previous paragraph from the sales proceeds tallied at the end of the month in which the
said date falls and pay the remaining amount to the Institute by the 20thday of the following
month.
iii. Payments by Kyodo Senpaku under the preceding paragraphs shall be accompanied by
sales reporting documentation stipulated by the Institute.
Interest on overdue payments
Article 9
When payment of the sales proceeds stipulated in the preceding article is not perf01med by
the due date, Kyodo Senpak:u shall pay the Institute an overdue fee at the rate of 7.30% per
247 annum of the overdue amount, calculated in accordance with the number of days elapsed
from the day following the due date in question.
Change in conditions
Article 10
When there is a significant change in economic conditions or in other conditions from those
prevailing at the time that this agreement was entered into, the particulars of this agreement
may be altered following consultation between the Institute and Kyodo Senpaku.
Cancellation
Article 11
i. The Institute may cancel this agreement if either one of the following applies. In such a
case the Institute shall bear no responsibility for damage incurred by Kyodo Senpaku.
(a) Violation of this agreement by Kyodo Senpaku
(b) Improper conduct by Kyodo Senpaku in relation to the performance of this contract
ii. When the Institute notifies cancellation pursuant to the provisions of the preceding
paragraph , the agreement shall terminate on a date nominated by the Institute at the time of
such notification.
Separate consultation
Article 12
Uncertainties or disputes arising in relation to the provisions of this agreement or matters not
prescribed in this agreement shall be resolved through consultation in good faith between The
Institute and Kyodo Senpaku in accordance with applicable laws , regulations and commercial
customs.
IN WITNESS WHEREOF two copies of this document shall be made and the parties shall
retain one copy each.
5 June 2007
The Institute: The Institutef Cetacean Research
Hiroshi Hatanaka, Director-General
4-5 Toyomi-cho, Chuo-ku, Tokyo
[TN: Imprints oflnstitute seal and Director-General's seal]
Kyodo Senpaku: Kyodo Senpaku Kaisha, Ltd.
Kazuo Yamamura, Representative Director and President
4-5 Toyomi-cho, Chuo-ku, Tokyo
[TN: Imprints of company seal and President 's seal]
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252Annex 119: Institute of Cetacean Research,2007 Fiscal Year Antarctic Ocean
Cetacean Capture Research Program: Request for Authorisation of Sale
and Processing of Whale Products,(ICR No. 1026, 22 May 2008)
[TN: Page 1]
[TN: STAMP]
Marine Administration No. 665
10 June 2008
Japan Fisheries Agency
2007 Fiscal Year Antarctic Ocean Cetacean Capture Research Program:
Request for Authorisation of Sale and Processing of Whale Products
ICR No. 1026
22 May, 2008
To: Mr Shuji Yamada, Director-General , Fisheries Agency
From: Minoru Morimoto, Director-General
The Instituteof Cetacean Research
4-5 Toyomi-cho, Chuo-ku, Tokyo
Authorisation is hereby requested for the saleof whale products produced under the 2007
Fiscal Year Antarctic Ocean Cetacean Capture Research Program conducted pursuant to the
special permit issued by the Minister of Agriculture, Forestry and Fisheries Order No. 19
Marine Administration No. 1911 dated 7 November 2007, in accordance with the processing
methods stated below consistent with the Rules forrocessing and Sale of By-Products of the
Cetacean Capture Research Project (instituted on 12 January 2001; revised 31May 2006).
1. Number of whales captured in the research program
(1) Whales captured
(a) Species: Antarctic minke whale
(b) Number: 551
(2) Capture period
From 15December 2007 to 24 March 2008
2. Projected production and proceeds from saleof whale products
!Productname !Volumeproduced (A) Projectedsales volume (B) (kg) B/A%
(kg)
(a) Frozen goods 1,982,463.8 1,982,463.8 100.0
Red meat 1,296,138.0 1,296,138.0 100.0
Offal 686,325.8 686,325.8 100.0
(b) Combs 10.0 10.C 100.0
Total 1982 473.8 1 982 473.8 100.0
[TN: STAMP]
Received
26 May 2008
Ministry of Agriculture, Forestry and Fisheries
253 [TN: Page 2]
3. Sales period: From 9 June 2008 to 15 August 2008
4. Processing method for frozen whale products (see Attachment 1)
(1)Means ofsale: Consignment sale, etc.
(2) Consignees: (a) Kyodo Senpaku Kaisha, Ltd.
Preident Kazuo Yamamura
4-5 Toyomi-cho, Chuo-ku, Tokyo
(b) Geishoku Rabo, LLC
President Hiroshi Tanaka
4-18 Toyomi-cho , Chuo-ku, Tokyo
(3) Consignment sale commissions: (a) Sales of [TN: REDACTED]
(b) Sales of[T N: REDACTED]
(4) Areas for saleof whale products: Nationwide
(5) Consignment sales agreement (draft): see Attachment 2
254[TN: Page 3]
Attachment 1
Frozen Whale Product Processing Methods
I. Public interest
Public interest sales destinations are as follows:
1.Distribution to local residents
2. School meals allocation
3. Medical services allocation
4. Public education initiatives
Maximum sales volumes are as follows :
(1) Antarctic minke whales
(a) 20% of red meat (259.3 tonnes)
(b) 10% of offal (68.6 tonnes)
Total: 327.9 tonnes
II. Commercial sales
Commercial sales destinations are as follows :
1. Markets
2. General use
Maximum sales volumes are as follows :
(1) Antarctic minke whales
(a) 80% of red meat (1036.9 tonnes)
(b) 90% of offal (617.7 tonnes)
(c) 100% of combs (10.0 kilograms)
Total: 1,654.6 tonnes
* The products will be sold to businesses which have requested dealings previously and have
a track record in public education, sales promotion, etc.
255 [1N:Page 4]
!b:-Product Sales Distribution Routes
The Institut e of Cetacean Research
l
Consignm::le, JK
SalesAgents
Public interest purposes Commercial purposes
D~ Consignment Direct
salel j sale j
Market use General use
Distribution to locaWholesalersentral FisheJies cooperatives
resident s wholesale markets and Processors, whole sale
Schoolmeals allocatilocal wholesale marketsrchants, massretailers,
Medical servicesallocationationwide restaurants, etc.
Public education Initiatives
Rxed
prlce
1
Suitable distributors
WhoSellersbrokers
Co-operative
member s
Reta1lers
Retailers
General Consumers
Consumers Consumers
256[TN: Page 5]
Fiscal Year 2007 (No. 21)
By-Products of Antarctic Ocean Antarctic Whale Survey Activities: Projected Sales by
Product Type and Mode of Sale
Unit' tonnes
Mode of Sale
Product Type Public Interest Commercial Total
Frozen goods 327.9 1,654.6 1,982.5
I Red meat 259.3 1,036.9 1,296.2
I Offal 68.6 617.7 686.3
Total 327.9 1,654.6 1,982.5
Combs O.Okg 10.0 kg 10.0 kg
257 [TN: Page 6]
Attachment 2
By-Product Consignment Sales Agreement (Draft)
The Institute of Cetacean Research (hereinafter referred to as ''Party A") and * Kyodo
Senpaku, Ltd. (hereinafter "(a)") or Whale Labo, LLC (hereinafter "(b)") (hereinafter referred
to as ''Party B") hereby enter into the following agreement on consignment sale of by
products of the 2007 Fiscal Year Antarctic Ocean Cetacean Research Capture Program
conducted by Party A
[TN: Redacted]
[TN: Page 7]
[TN: Redacted]
[TN: Page 8]
[TN: Redacted]
[TN:Page 9]
IN WITNESS WHEREOF two copies of this document shall be made and the parties shall
sign both copies and retain one copy each.
[day] [month] 2008
Party A: The Institute of Cetacean Research
Minoru Morimoto, Director-General
4-5 Toyomi-cho, Chuo-ku, Tokyo
Party B: Name of (a) or (b)
Representative of (a) or (b)
Address of (a) or (b)
258 a • & 102s <It
lfl!l~t52J!22'1l
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267 Annex 120: Institute of Cetacean Research,2007 Fiscal Year Antarctic Ocean
Cetacean Capture Research Program: Report on Sale of Whale
Products,(ICR No. 1036, 1 September 2008) [excerpt translated]
[TN: Page 1)
[TN: STAMP]
Document code FRM No. 1361
3 September 2008
Fisheries Agency
2007 Fiscal Year Antarctic Ocean Cetacean Research Capture Program :
Report on Sale of Whale Products
ICRNo. 1036
1 September 2008
To: Mr Shuji Yamada, Director-General , Fisheries Agency
From: Minoru Morimoto, Director-General
The Institute of Cetacean Research
4-5 Toyomi-cho, Chuo-ku, Tokyo
Sale of whale products from the 2007 Fiscal Year Antarctic Ocean Cetacean Capture
Research Program , authoris ed indocument 20 FRNI No. 665 dated 13 June 2008, has been
completed. Results are reported below pursuant to the provisions of paragraph 3, Article 13
of The Institute of Cetacean Research Special Research Program Statement of Operation
Procedures .
1. Mt:ans of salt:
(1) Consignment sale
(2) Consignee: Kyodo Senpaku Kaisha , Ltd.
CEO Kazuo Yamamura
4-5 Toyomi -cho, Chuo-ku, Tokyo
(3) Consignment sale commission: [TN: redacted] ofsales
(4) Areas for sale of whale products: Nationwide
2. Sales period
From 7 July, 2008 to 8 August, 2008
[TN: STAMP]
Received
3 September 2008
Ministry of Agriculture, Forestry and Fisherie s
[..]
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277 Annex 121: Institute of Cetacean Research,Board Members(16 September 2009),
at Institute of Cetacean Research website,
at <http://www.icrwhale.org/YakuinList.pdf> on 14 January 2011
As at 16 September 2009
Board Members
The Institute of Cetacean Research
Most Recent Official Position for
POSITION NANIE Former Government Employees
Director-General Deputy Director-General, Japan Fisheries
(full-time) Minoru MORIMOTO Agency
Director (full-time) YoshihiroFUllSE
Director (part-time) Makoto ITO
Head, Resources Propagation Department,
Director (part-time) Yoshiyuki SHIGE Japan Fisheries Agency
Director (part-time) Jun'ichi TAKAHASHI
Director (part-time) Yoshihiro HAYASHI
Director (part-time) Tatsuo MAMIZUKA
Director (patt-time) Nagiko YASUNARI
Director (part-time) Kazuo YAMAMURA
Director, Promotion Division, Japan
Fisheries Agency, attached to Resources
Auditor (part-time) Masao SHIMOMURA Production Department, Japan Fisheries
Agency
278 ~ ~'15 13:.:t. ~fflfl!l-ilfQ)ji~~~
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279 Annex 122: Institute of Cetacean Research, “2009 – 10 Southern Ocean
Research Whaling By-Product Sales”, (Press Release, 14April 2010)
at Institute of Cetacean Research website,
<http://www.icrwhale.org/100414ReleaseJp.htm> on 18April 2011
PRESS RELEASE
14 April 2010
Institute of Cetacean Research
'2009 -10 Southern Ocean Research Whaling By-Product Sales'
For the sale of by-product obtained from the 2009/10 Southern Ocean Research Whaling, we
have instituted new sales methods from this year. At the same time, to have more people
appreciate whale meat we have opened a specialised homepage, establishing more sales
methods for the by-product, and established a system to make the purchase of whale meat
ingredients easier.
The new sales methods include the following three methods:
1. Early buyer discount (Fukuoka- from 15 April; Tokyo- from 6 May).
2. Tender (auction) sales for fm whale.
3. Salesof smaller size product than the traditional 15kg case.
We are currently considering using the Internet for sales to the general public.
For details about each respective sales method, please see the specialised homepage .
We will continue, as per normal, sales through the central wholesaler market across Japan.
1. Sales Amounts
The amount of by-product obtained through the 2009110 Southern Ocean Research Whaling
was 2045 tonnes (meat from 506 minke whales and one fin whale). We will sell these
amounts according to the following categories in accordance with Section 2, Atticle 8 of the
International Convention for the Regulation of Whaling:
Minke Whales Fin W11ales Total
1. Official Use 334.5 334.5
(regional governments
and school lunches)
2. Commercial Use 1690.2 20.8 1711.1
Total 2024 .7 20.8 2045.5
Sales for commercial use will commence from Thursday 15 April, and, of these, sales of
whale meat for markets will be sold from 28 April and, again, from 20 May through
wholesaler markets (central wholesaler markets in major cities and prefectures , and selected
regional wholesaler markets).
2802. Sales Prices
As current research activities have been targeted by excessive levels of obstruction to the
surveys there has been a significant reduction in production compared to last year. However,
we have endeavoured to reduce costs, and, as much as possible avoided passing this on to
retail prices.
Furthermore, in addition to discounts for large amount purchases, we have, on an
experimental basis, introduced linuted-period and special discounts as well as auctions for
selected products, and we look forward to strong demand.
3. Method ofUse of Profits
The profits gained through the sale of by-product will be used to cover the expenses of
implementing the following year's whaling research.
4. Securing appropriate distribution
The products which this Institute sells have a public aspect and are research by-product. This
means there is a need to make these products available to all levels of society, and to
distribute them fairly and, as much as possible, at a low cost. From this viewpoint, we request
instructions to be given to distributors by the Distribution Section, General Foodstuff Bureau,
Ministry of Agriculture, Forestry and Fisheries to secure fair distribution. We also receive
instruction from the Japan Fisheries Agency, and, based on that, this research Institute also
conducts Study Groups with regard to sales wi th distributors, and we are making endeavours
to ensure that whale meat is distributed more widely and more fairly at an appropriate price.
Note: Second Southern Ocean Whaling Research (JARPA II)
Southern Ocean research whaling is conducted with the objective of obtaining academic data
which is necessary for the resource supervision of Antarctic minke whales which inhabit that
particular sea area. The results of that research are highly regarded by researchers in other
countries and in international institutions, including the International Whaling Commission.
The research survey for 2009/10 was implemented between 14 December 2.009 and 20 March
2010, and took 506 Southern Ocean minke whales, and one fin whale.
Please see the press release on the 2009-10 second Southern Ocean Research Whaling
(JARPAII) .
281 2009/10 iFi¥Hl~#i t!f t~i1tt~":0fI~;h,t:W1lir1I1
jjltjf! ~{--Ji)-c 7E
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•oA~~~~~~ ~-•m0~-~~-~~~M~~c~.••~~~0•~h~
~.1JLt<$< 0)A"~~~0 "I•>.t:.J: ;r;~~;JiJW. .AtVCT!r:Q!Jit
~&:-l!'L ='.*-.$'
1-li'-J1I)l~.11f04II1<Flil ~f..X~.IQ"J::iD•b)
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a rtt"H7· ?.lsg-tt -1J·itilll<):..;~llt!
1 ;'It-7H'IJ ft!i-t1;11:<l"
-1:tHVIJPJ.,i~)i?i= JJ!':.dl·<I::f<l:tf\ '.
ioo/ -lff.ffflfii.l:I'O:,iht.::~A: 6411•-:c;:- ~50i6~.
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llaL;l:·-t,-
"::/? iii\ -1·liAWi. ;r
I I I
M~~ffl
~3.4-5 - 334.5
(lli~ 1~l*~k-:T)
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-illtlliltl
~ 2,024.7 10.8 2,045.5
I
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~liHr lJ~-Itu~~f±,~~!lt#.HhEt:~1'll4'ln~~O,OI'l\:t.c~
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~ <ll!I~il'ftfrft~l ~iJ!tJ·"fi:i-i;!l: bl::, *P)Jfi'J 't,J
~6)ff{lil%1ilQ)Qi:~TM!J~ €.'~~lL,.t.lil<~fii.l!!lE~C"~
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P0 ~/P q -:50 6ll(t!:P·/ lli1llot.;i'~:1,
283 Annex 123: Institute of Cetacean Research,FY2009 Business Report,
(30 September 2010) at Institute of Cetacean Research website,
<http://www.icrwhale.org/H21jigyo.pdf> on 16April 2011
[excerpt translated]
FY2009 BUSINESS REPORT
From 1 October2009
To 30 Scptembet·00 I
Institute of Cetacean Research
284 [..]
4. Ov eTVortct<
lJ) Organisation
Organi~m ndontructure oflostitnte ofCetacean Re;earoh (.1\sof30 Sept, 2010)
-
rl Ol!nemAffaiDept ~- GeneralAf1iSl!lclit>tl
- Accounting Section
'-
B - By-product!;Handling Section
-g
.;.:;
H Jnfomtation and l.itmuy all(lln formation Sect(on
Cultural Dept ~ -
- PttbUcRelations Section
~! - Legal Research Qftice
-
i:5 - SClicRl .md HconCe.<luhOf'lk1:
.0...
"0
g
co
- ~ - r- 1--- Resources Mathematics Researcl1Sect.ion
~, Counsellor f- Res=hDep t.
ts - Cetact:an Billlogy Resealt:h Onice
<"
gj - R~ount:C>;ssification Research Clfftc"'
2
t-< - Ecosys tt!!'nR.:seun::hOffiot!
~
-r--
~0 H Swvey DepL Survey Planning OOice
co ~-
- Fiel dwork Survey Oftioe
-
- - Sight SwYcy Oftice
- TcchnolCigical Devt Ofticc
~
"0'
~ Affiliated Testing Laborat ory
- Resomc.es Management Research Centre
285 (2) Direotornand Council Memhern
Dire~lNs
tAsof30 September, 10)
(Dee.:!of Endowment, i\rl19~Two-year terms for Direotorn)
Title Name Pa$or Cl!lTentCJccupmion
President Mlnotu MORIMOTO Fonuct PresidenMru1ncEcology Research l1ll>thutc
(Hlll-fune) Director Yoshi.hiroFUJl::lJ::: Former Counsellor, ltu.tituteof CRe.~earch
CPar.-ttime)Director Makoto ITO Director, Japan Whaling Association
( " ) Direclor YoshiyukiSHTGP. Senior ManaginDir~0 ~ apan Fisheries Assooialion
( " ) Director Junicbi TAKAHASHI Professorf International StuGraduatSchool,J,.F
Obe.rlinUniversity
II
( ) Oireclor Yoshihiro HAYASH! Pwfessor of Biotht!mpy, FactAgrie~l,l To:roe
Univ~ eryof AgJ.i.cullur<!
( " )Director Tatsuo MAMIZUKA Gue.:;lIlililorialWriter. Sankei Shirnlnm
( " ) Director K,azuoYAMAMURA RepresentativeDirector andPresident, Kyodo ::lcnpak."1.t
Ltd.
( " ) Director ~uni. YkASUNARJ RepresentativeDirector and PresidenSui~--Kenizai
( " )Director Masao SII1MOMURA S<lniorMarut.gingDireJ<lpi:Ii~h< Rlrsurcs
Conse~v oantisociation
Boardof Tntstee.s
(A~of30September , 20Hi)
(Deed of Endowment,Article32;Two-year tenus forTmstccs)
Name Past or Current Occupation
Takcoll NO Advis ~Japan Whaling Association
Yoshi.o!SlllZUKA Direct.or, fishe.ries R<lSearchAgem:.y
Ilid<lhirATO Prof<lsll. aculty of Marine Sci. okyo Univeu;ily ofMarin.e
S<:i.enoeand Technology
Kyoichi KAWAGUCHI Chainnan and Director, Japan lri$heries Info!Il1ationSeJViceCenter
Kazutak<St\NGEN Chairman, Federation ofl Governme fnrt~e Protection of
Vlltali.ng
Akira NAKAMA£ Japanese Oovcrrunent Delegateto lntomatWhalingComm.ission
Hiro;mkiNOCHJCHT Memher(Secmity AndForeign Affairn,,)RditorinlCommittee, P0Utics
Department, Editoriale.o'Sankei Shimbun
YukoYAMAMOTO Professor. Faculty of Law,Dalto 13unkaUniv<!rsity
::lhil'OYUGE PresidcLl,tMarine Ecology Research J,nstitute
286 DALANCE SfiEIIT
Insfhlte ofCetaceon ReseruxJb
30 September 2010
(Yen)
Hem ~'Y2009 FY20011 C.hauoc
I.i\ssets
I. Cnn-enls.<~et
Ca~ hnd,-reposit~ :>12,&!6,286 949,442,650 - (,36,556,364
Roooivabloo 3.,626;763,702 3,335,995,-10 2\,!7~,261!
Advmwe 1YJyrnt.lltt;: 9,937,817 8,038,163 189, 65~
By-produ~ls 9 ,-461,789 31.409.280 21.94-,91
Securities 220,566 220,566
Suspensepayment'!' I.i28,790,840 I,520,94.\6:-t} 7,R47,157
Ad.\rances paid 62,!>'22 62,822
ToM.1Oment As~c-t~ 5,846,049.78 2 - 358,146,526
2. NOJ!crnrenl Assels
(l)Dasic1\ssets
lnves1mentsecurities 289,000,000 289,000,000 0
TotalDasioAssets 289,000,000 289.000.000 0
('2)SpeciaAssets
Huusil1gloans 41,687,000 .31,159,000 10,528,000
Da pol<itsfor raserveJbr retinunt\IIlLenafiL;; 168.871,000 - J68.871.000
/\£Sets for re.servefor dire;;tors'relirernentbenefus 23, 175,000 23,175,000
Assetlforre.serveforemployees'retirement L56,124,000 156,124.000
bcuciit11
TotalSpecial Asscls 220,986,000 200,030,000 20,956,000
(3) Otht<rNoncrnrrAsst e
lrro tr~ri 8,007,730 <1,31,251 3,7739 ,~7
Fb:turesandfittings 8,381,009 4,835,:!.2 3.545,777
TeleplK•n~nbscri pihtson .)26,100 .'\26,100 0
'Onarnntcm\Ce laldeposits .36,754,600 ~9,150,600 -22 ,396,000
Total Od1erNoi1cnrrcAssets 53.669,.439 6S.746.183 - 15.076.744
563,655,439 5,879,256
TotalNonomTenl Assets 557,776.183
ToT.Bl ssets <,i403,825,9!ij - 3:52,267,270
ll. Liabilities
1. Cunen t Liahlllties
·1\C'qnts payable 'B ,609,11l 725,514,94(\ - 701,905,83.5
Shorl-l<lmlbtl!,rowings l,OVO,O,OOOO ~.047,1~,000 - 1,(17,148,000
Cw:ret!lporlicmoflo ng-lborrowi~t~ 1;noo, o,ooo 1,920,000,00()
Consumption11l.xayable 17,510,600 21.741,600 4.231,000
!\dyaneesreceived 366 ,176,471 626,104,649 259,928,178
Dcposimreceived 2,391,63'2 2,'105,552 - 45X,920
Snl!pensl!receirrn 27.154 794 - 27.15094
Total (..itnent I.iabiIJ1eis 3,.'29,6X7,.Sl4 - 2,120,826,727
2. N(lncUIIenlLiabiliti.,.;
Long-term loanspayable 1.747,148,000
Rll1letvefur1'etirementbenefits :!00,030,000 200,030,000
HCSlcrvefur direct'retiremenbenefits 23, 175,()0() 21,115,000
ll.e<1ervfeur employe<!'Sreti.rement benefiIs J97 811,000 197,Sll ,000
TotalNoncurrent Liabilities 1,968,134,000 200.030.000 1,768.104.000
Totnl.Liabilities 5.:!97.,821,814 5.6.50,544,54J 352,722,i17
Ill. NetAssds
1. Oesignated net assels
Total designatednet asset!; 0 0 0
2. Generalnet assets 753.281,424 455,457
753.7.36,881
(ofw hkh, amountappropriateo basci:~es}ls ( 289,000,000) (( 289.000,000) ( Q)
(ofwhich, amount appropriatedto spea~s)let;t ( 0) 0) t 0)
Tolal Jesignate<.asgl~e 753.736,881 753.2 1842~ ~5.5157
Total li-abilifiesan<.e~slss M5L558,695 6.'103.825.965 - 352,267.270
287 STATEMENT OF CHANGES fN NE'l'ASSETS
lJwtituteof CC>taRaenscardL
1 Ootober2009- 30 Saptembl:'r2010
(Yexl)
Ilem FY2009 FY2008 CbltD"tl
rCh!IJl{!.n GeneraNcr Assc1S
I.Chang i~lecnrr11lte11s1
(1) Ordimry Tm:ome
Gain oninveslmenlofbasic assets 1,197,791 1,120.000 - 922,209
Gain oninvestment of specialassetll 376,99S 0 376.998
Membershipdue ecdvea 93,529,510 lOS,SlO.OOO l2,2S0,490
Research commissionincome 404,2%,000 404,206,000 0
F3y-p)ndnetne.)rnc ~.470,64,856 (J.463,249,210 -1)92,6.. 54
Corruniss.ioninoome 857,000 877,250 - '10,250
DNA egi~lra itcooen 2<1,100.000 13,900,000 10.200.000
Subsidies, etc.received 794,662,000 875,426,000 80,764.000
Miscellaneons income ?9233,5~ 706?,67 22,)70,861
"l'mnsfers fromqthcraccounts
- I,168,000.000 - I, I6R,OOOO
Tran.sfen:frre~~erv...-., - 22,653,000 2~653.000
Total 0 1Ylinarylnemnc 6,818,797,663 9,063}04.107 - 2,244,.506,444
(2) Ordinary Exper,:es
Programexpenses [6.48?.821,939] [7.780.384,"2 r 1.292,562.485]
Generalpmgrnm expcr1s~~ (409,844,558) (694,,576,872) (- 284,7.n ,3t4)
Rc~ea hrpogram expcn~el! 82,092)'1:'\2 l7 1,6,24S -89 ,.5657196
1nfonnalic'lland c'ullimllpt•ogr.ung 146,165,3!>5 18~611,81119 -3~53, 41:-'4
II.X)Jt'flt;e!S
llrternationalactivitiesprogram expenses 338.218,805
181.586.321 156.632.484
Sp.:-eialproj!,rroncx('lensll!' ((,,077,.38T) (7,085,807,552) (- 1,007,S30,J71)
Mw1agijmentexpenses I30,2~5,2617 1279,572,3001 22,883,967
DirtJCton';remuner:atiou 21,333,800 35.613,603 - 14.279,803
Wages and allowances 75,909.759 7'2,235.779 3.673,980
Retirementbenfitexpne~t'.< - 52,114,580 52,1J4,580
Retirementpaymc•tls 1,11,\)(XJ - 1,611,.900
Welfnrccxpnscs \7.047,076 17,399,415 - 352,339
R.:nlexpenstts ~6,13,110 70,206,651 - 14,073,11
ConferenceexJ)eJIJies 76,9'20 168,696 9l,7i6
Entelt!i.nmentel\'}lenses 161,000 652,091 491,091
Trove!and transpexp nse.~ 772,730 8~9,840 - 67,110
c,)1111111Uiicaatinodtlt.iCIlxpE.11~e~ 2,05.5,305 2,111,692 - 56,387
Stq!p1it!fe5xperu;es !>l,OS9 629,'102 111,6!>7
Depr iaticlJlexperU<es 1,416,11•1 610,87-1 775,2•10
Printing expenses 480.303 837;933 357.630
Taxes and dues 15,429,13 37.4-6,530 7,952.573
Utilitiespenses 2,105,44I 2,3S0,847 - 275,406
Membershipdue~ 2,256,00() :'i49,500 1,706,500
Donalion.s(Jaid 30,000 ~o.ooo - 10,000
Lilmuy expe11$es 561,296 563,426 3,870
Otherexpenses 903,0(XJ Hl9;000 84,000
1IItercstpaid 5701,6~72 49,001,23.5 !!,015,137
~lisce) us.lxanneo 163~9r9~9 ·1,385,690 11,96;~59
Management eXJ>neses &located - - 69,0•1~.:8 - 69,094A811
Tl'atlllreother accounts l1,168.000,000) 1.168,000.000]
[-l r
Trnn~f terl'erves t28',064,000] l-l [2S,064,000]
Transfers.re.qcrforelrcoct~retr~mne~ 6,248,101 - 6,248,000
bcnofits
Tr<•slim;lo resl.flrmploy· r~etirt>tue~r~ 1 1,816,000 - 21,816,000
benefit>
Lot:on valuationof investmentsecurities - 9,560 9,590
1
·hllal Ordinl!x ]!e!I.St!S 6,81!>,312,206 9,'2,966.31'1 - 2,109,62'1,10!>
TotnlCh>lllgein Rct:Wl1nglk ms Dnring 455,4:')7 - l64.,()62,207 165, 117,664
Perioo
2. Changes in NonrecurringItems
(l)N'on:rcnorring Iuoome
Total NonrecurringIncome 0 0 .0
(2)Nonru en~:i.:ngnses
Balan ~elr.msfer/rewr.aTE$ervestill: 0 2.817.000 - 2,817,000
retiremtbenefits
Total N1u:oou:ig 1noon•c 0 2,817,00() - 2,817,000
TomlChange in Nonret:n'rrItm~Dnring 0 - },817.000 2,817,000
Perioo
288 rotal Change inOcnernA~ t:O!uns~g 45S,4'7 - 167,479,207 167,934,664
l'cnod
fW8J1CofGcm:ml ct Aosds at Hcguuung of 7~\281424 920.760,631 - 167,479.201
~Jcrlod
Balance t•f Gt.'uIm!lNelA>Il<elast EnJofPer753,736.881 - 53 28142-1 ~55W
STATEMHNTm T HANCiES IN NFTASSETS
l~ntietofC:erace&•JResearch
l October · 30 Sepli'JnbeJ2010
(Yen)
Item FY2009 FY2008
Ch:~e
ll.<;hSCSInSpecifiNe. ts9~
TIIJ~Cltungt:SptjlitNleAi«iels DurPe~od 0 0 0
fmlanccofSpecifiNetAsschfiAcginningoferi"d 0 0 0
&lnnoeofSpecifiedNetAssetsatTindofPeriod 0 0 0
lllBalantll oiA.lt~at End orP eriotl 753 736881 ~5S,t57
753.,1·1211
289 STATEMENT Or CASH ~'01\V
lnstitute ofCctaoean Roscaroh
IOctober2009- 30 Stl)Jlembt'f2010
{Y"'ll
Hem FY2009
I, Cru;hFlowfrom ProgmmActivities
I• ProgramRevcnotc
(1)Rew.nue from gain on investofb~ ssets 1,197,791
(2) Rev.mue fromgain on investment of !;pecl.dassets 376,998
(3) Rewnuefrommembership due~ 93,529,510
(4) RevenuFrom;esenrch commissioning 404,206,000
(5)Rev.:-nncfromby-prodnc!"_ :\)5 7,261,244
(())Revenue from ronunisruons 25.857,000
(7) Reveuuttfrom DNAregiolrdlit'l!S 24)00,000
(8)Rewnue from ~ub~id eces. 530.000.000
(9) Miscellaneousrevenue 24,684.064
Total ProgramActivity Revenue 6.261,212,(.07
2, Program t:.-xpcnses
(1)Progr31TElxpenses 7.119.086.655
(2) ManagementExpenses 391.386,946
Total Prt>grampen;;es 7.510.473.601
Cn.•hrtow !TomProgmm1\ctivities J,)49,260,994
fl.C<JSFlow fromlnve>iment Activities
I.1nv<'Stmetevenue
(1) Revc11n£'rrornreversal ofbllllic>lSsctll 100,000,000
(2)Hevt:nuefromreverSJfspecial aS«els 7,108,000
(3) Reveue fi:omrever>Jalof,guamnlees antiu'epuo:i!s 22,396,000
(4) Revenuefrom reversalousingfundloans 3.532,000
'l'o1llllnvcsbAdi,~t Revenue 13J,0%,000
1. Investmenh'pcns~
(1)Ka~i A~~f A:tqsisiti1!:n ~.es()e I00,000,000
(2) Sved.Ass~ tcquisition Bxvaru;es 17,536,000
(3)Fi.xoA;,.,AcquisitioExp~n;;es 8,735,370
(4) llousing Fund Loan Expenses 14.060,000
"fotal lnvestment Expenses 140331.370
Cam Flowfrom lnvestmentAdivities 7,295,370
ll. Cash Flow from Financmg
1. F'mancingRevenue
(l) Revenue-trornbo1Towiugs 3,400,000,000
Total Pinancing Rewnut' 3,<10000,000
I.FinllllcExvenss.
(f ) Loanrepayrne.'qlet~~es 2_780.000,000
'l'o1lllFina.ncpenscsX 2,780,000,000
Clli!Flow !i'oFinan~ Aonigili._,. 620,000.000
lV.Clmngein Cash~ndCash Equivalents - 636.556,3M
V. Balru1ceof Clll!Cn~h F.uvu;cntRtBeg)111n1giof Period 949 442,650
VI.Bal<mctloi'Cai<alands E(tuiv:uenlsat End oi'Ptlriotl 312,886,286
NB1: S..:opeofF walls:Tin•scope of fwadsmca~dandC'dR"qwv<tleuls.
290 L!STOFASSIITS
lnstituofCetncean Research
A s f 30 Septcber10 10
Item Amount
1 A8set.s
(. Cl!rrAssr.::l.s
Ordinatysavings l\ltizuhoCorporoteDank,oUter 304.557,107
Postnsaving~ Yucho Dank 8,329,179
Rcceivnhlc.• By-productpr<)CCOotJ,1er 3,626,763,702
Advaocc paynl.-JWo Offic<'rent, othcl·· 9,937,l.m
By-lrrotlucts By-product;; 9,-1617789
Su;;!J peay~ment>~ FY20l0 programe.-tpatloUter ,2587.90,8~0
Advancespaid Employeeaooommodation 62,822
EfX1Km ,~rler
Total CurrentAssets 5,487,903,256
1. NonenrrenA~~cts
(1) RasiAssct!l
Investment sllCuri.lit'SUovmunt~lltl.louds 28~,00000
Total BasioAssets 289000,000
(2) SpecialleI~
t\ssellifor Reservefor Mitsubishi Tol..'ylo.lJ''J Bank. 13.175,000
nlrectors' Retirement ollJCr(fixed-tdep~itl;)
f:lenetils
Asst foL.~es<:'fer Mjtsobishi T\l!tJFJ Bmtk. 1~6. 41,0200
Employees'Relil'ernenl other([t.'<<mrtlepo!\ils)
Denefits
!lousingloans J0 employee$
4!..7,000
TotalSpeciaAssets 12098.6,000
(3) OtherNonco)J'fentAJ:.<:e11:
lrtlS ~llOT l"dt-titi: llter 8,007,730
Fi.'l.lure;a;ndlill:ing,ElectricmovinboOK$l ve;, 8,381,009
other
TelcpltQnesuhscription Office(6lie) 526, 100
rlg)lil!
Guaranteeand lease Offlceandaccomnoudation15 36,7 54,6()()
depooils caees)
Total Other Noncnrrcnt 5.3,l,i~9iQ
Assets
TotalAssets 5C.3,655,43\)
l. Liabilities 6,05\,558,6
95
!. Currrat iabilitie$
ACC\)llllf.l' pa~hlc Ctmo ~ocinln~nmn Ocficc, 2:>,(;0,9111
other
Shott·tmn l>mt•wiJtgg 1,000,000,000
Currentportion ong- I,920.000,000
termborrowings
i\ocruedoonsUITlptiounrxesY2009·finalconsmnptiota."< 17,5i0,600
Ailvru1ecs rece[ved FY20I0 Tre>'JI.~nbidielf!d ~(>,76;471
corU<igrenll~es
D~<po lsrcii,etl PAYE l~es u,ll~ '2,91,632
Total Current Linhilities J_.329,687,8 14
2, NoncnrrenrAssetll
Long-temoborrowings 1.7'17,148,000
Reservfor Direclon;' F<lrdirectors '23,175,00()
Rel:ri~n lnt'.l'
Reservefor Employees' For employees 197,811;000
RetirementBenefits
To lal NorocwnmAssle 1 968,134,000
'fouolLiabilitit<S )_,297,&"12,1>
1 1
Net As~clll 7:'i3,736,XX1
291 !.11slimlC,etace R-e~ue:~rch
.30St:ptw1Wrl010
I.St!),11ificanAtccmu\ting Policies
(I) Valuation slandwd and md fo~ccnrlties
L Securitie. to hl\ldtomaturitystat a~dmortisedcost(strdight·line method).
2. Othtlrsecurit(lho wi·leul fai.rmarkel valu~laa<llcosl as delem1inuythespedJil: cornO•it,l
(2) Valuation standard and method for inventories
The Vd'lu$lion sl rrdand m.:thod for h1vtm!oriesarel,}predictedi~p hispaice.
(3) Depreciation!hodof noncurrent assetll
NoncnmmtAAsetagrcdeprc..'iM<y the P.t:miglie method.
(•1)Act'Ounti[(>rre-,;erve;;
I. There~er ftvelil'ectt>r·srelil'er•rentbt!l•el:it;;is stated at UtIJ~mmetlialit>beIXtidshl'laUl
directors' oontractt;be volWJtarilytenninbalancesheet date.
2. The reserve for employees'retirement isstatedat theamount whichWOllldbecome litobe paid should all
employmentcnntmctsbe vobmtarily termi11atedattJ1eba]anre sheetdate.
(5) Accounfu1g Ltla T~resactions
Be.:aUMfeinancial lease i:J<UaldSions oilier than fOrthose in whichowoorshi)Jis consitler~;lllll;< lnUisJim'edare
!'ignificance!areaoooWJtedforusingamethodsinulartotltatfordinaryopemtiogleascontmcts.
t6) Accountin[(conromptio!t:a.'Xe.;
C<.mllnt]llion t<U'3C(10llrttef<'J>rtm"\l incJu~ niJv0ldT.tijfigureobtainedaJier de<il!Ctinginterim lax llliYilll'.tlSl
·fromtlIllbw-denfor the yearunder review ts recorded in.acoountl;payable.
(7) Charogcsruul Balan.fl:lasic and Special Assets
Tltc c tanges anfltH.".'as1c anf:PCCiass:ctsareas o ows.
Item AalancAt&'YOX lncrea D~ning Decrcilsc l)nrinAruanccat F¥0lJ
I'Y01 Halnnc;ohcct
Balance Sht:et FYO'l
Dale Dale
DmricAsste
Investmenseci tri~'l' 2.~,090000 tOO,()(lOl,KlO 100,000,000 2X9,000,000
Snb-'T<'tal 289,000,000 J00,000,000 100,000,000 289,, 00,000
Spec.ial.Assets
11ousing Loans 14,060,000
31.159,000 3,5.32.000 41,.687.000
Assetsfor Reserve for DiJ;>Retirement 0 23,175.000 0 23.175.000
Acncfits
Asset; fur l{cserve fnr Employees· Hetirem•mI6S,S71,.000 (}J,X16.,000 i04,56.3,000 156,124,000
Benefits
Snb-Total 200 030.000 129,051.000 lOS095 000 120.,986,000
489,030.000 229,051,000 208,095.000 509,986,000
Total
(S)Breakdowr!of Funding SoUJ'\Je,sere. ofBaS1Je~nA'st<Il
TtIC rckcowno f LrlnQ.sources,et~Yb8SIC >11} S[lassc1J~as o ows:
ht>m B<tlance at FY09 (ofw hicl1, (ofwlticlt, (ofwhid1,
BalanceSheet appropriated from appropriated from responsetJ;>
Date speci.fiednetassets 2eneral neas.se~) liabilities)
Bao'cAs~et;;
Investment secw'ilies 289.000.000 0 289,000,000 -
Sub-Total 189,000.000 0 289.000,000
-
Specia/\~~ets
HNL~iL noga~ 41,6S7,000 () () 41,6l,000
Asse1lifor.ReservefurDire<I:Ns' 23,175,000 0 I) 23,175,000
Relirenenl Btlne/il$
Assets forResertarEmployees· 156,124,000 0 () 156,124.000
RetiremenBenefits
Sub-Total 220,986,000 0 0 )?0,9136,.000
To!RI )09.986,000 () 289,000()()() 120.9X6,000
(9)A~9e offeed a.s co11nt.emi
Invcstment securities ¥240,000,000
By-pro.'lducts ¥!1ll6!,7l:!!J
(lOlTitcacquiRitioncost,aoounn late,l cierrccjatil)Jland balance Nl thelialanccsheen~i~te!~€1fJl)ws:.nt
292 (Yen
Item Acqnisitif'cr>~t ACC1UI]1aled Halanceat ~'Y09
depreciation balMcesheet date
Other noncltrrent assets
lnlerio111 l~.l27,375 4,119,6115 8,007,730
Fixtu~ rnefittir tl!.ll 13,399,356 5,018,3117 8,38L009
Total 2:>,526,731 9,137,992 1G,3XX,73'J
(I I) t;;reakc,bookvrunc, fuirmarket,Vtllne andvnltt>llionprofi;/fsec;tci~heJ,JtITI>ticy
The breakdO\Yh ,ookvalu0cfuirmaJ·kotvalueru1valtmtionprofit/laofsccm heldto ~aturilyareasfullo"•a:
(Yijn
Ttcm Af'ol:value rn ir m11.ctalue Vnluation pmlit/lou
lnleresr-bearing GcwlBonds lssl"' 284 I40,000,000 lif0,252,000 252000
99,940 000
lntc.rest-bcaring Govt BoIssue296 100 000 000 - 60,000
Total 210,000,000 2110,192.000 192,000
(12j Hl\."''lk,nrovider, chru1gcin vnlncclnringpcnMlnnrler reviewand balaof~nbs, ecclics
11tebreakdown, provider, clwugtlin vdlueduring peritxl uu<lerrevitlwand balanceofs1i1JsidieseJollowf.a;;
Balanue al Balmtce al
Name oFSuU,.'<idy ProVider Increase Decre:JSe E.nuyon
FY08balance dnrin£1'F'Y09 during FY09 FY09halmt<:e balance sheet
sheetdate sheetdate
Whalin!!,f.scarch Ja]l>m
Facilitatitm Program Fisheria: 875,426,000 0 80,761,000 1911n62J)()O NIA
,- -
Sub;1dy Agency
(13) Br.,..tkdownlrart frHm'~fi'!ec ietasies lo gwuoralnel u;;sels
Nospecifiednet:JSsets
(14) '!'he de1alls oftransaction$wi1hrelatedparties are as fullows1
(1r ou)'enl
Nalurcof
Busim:;s:; Relation;hip f\M ]HtiCC 011
Ai'lliintioNameof Ad T«al %of Nature~f Tran;;actl i\ccou FY09
n l'arcy dre Asset or Voting ConGUm nt Business Tran'Sllctiooon Value nt Ualmce
S! Value Qccupati Rigl1ts Director, ltelalionshi SheetDate
011 etc. p
Dirccl.or Minom . l"rc•idcnt . - . T.o"'t . Borrow 4.667
Morimoto , ICR Glllltantee ings
Director Yi:lihil\tro- Director. - . . -
Fujise !CR
293 13 IJZ 2~~ 10 JS1 13
it: IJ~ 22 &9pJS30 13
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l, l:()O,000 I,V:!O000.000
11. liltiOO 6 J, :.!!IJ.OOO
361,>116,Iii 6 !!.!i'J. 178
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I,71i. 14.9.000
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:Ut..l'ill • Sl6, """
~011!r(lb,Ci()O A I:. ::80, l90
...,. ...,~ t •• ,:w.,:1o' 1\ t'1!614,351
ftlT.ton til. :II 1\ :.'!Vl
Zt. I oO.CIOI 11.\tlfflOO Ul,;:oO.lO
~c. cr.:.M r.r.~.,.n ()()0 "' 11. 170,StH
:v n-. I. VI!) 1.1&&.000.000
7,,....,. .. .:• : ·"'-~g.
II40tt ....~ ., t').t:f •:.: •·''L:X..:'
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-.en,m.lllt ;,eu,..,;.~IS A Al.to·.:-..!t JJC~111
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:I.Pl. .. ....... A u. '!7".,IOl
:s.¥)1 :;a; 1%.:3S.lit Ll :'i!u.&Ill)
•• 511.100 l:.IU.UO I. 61~o.ll)
1'",fll7.f'lift 11', ,l,..,, ,... !52,l.,..,
Iii, t.U. 11U iU,.:.'nb,LS:l A I t07l, 5 II
70.":" lfoHjqj5 t\ Uli,OfJI
712.130IM 8-t'J,tHO tJ?,Ill)
~.M,, .11;6 J, U l,f<i! "l ~.:\AT
~I,Vo'i!ll fi~ "tl, 171.6¥1
1..t<I0.1l 61{),87i A 'J.\tolt
41. 1.!1. 3 :a7.-4TI.J:IO ·.-.:.sn
!. JIJHI ::.UO.MT ~400
:. '!SK.a ....... I. 7tli..IOO
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ton.I<O Itt.CO) ti,O>l
s:.••,m 4'4WI,:» ' OJ!.U:
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# lil ~ifI'
r 't>~i~!IIJI:J 7:o-~-\'"·Y'l;o.
1. <J>;N€1/;jj)Jil(A
(i)!IS.:f:Mi.!iii!Jllll!i.A 1.197.791
®~ ;tjUtilfflAill 376.998
@~'ltll!i.A 93.529,510
@)JI!fi11:ttlillA 404.206.000
@WiJl4I&A 5,157,261,244
~~tlfi(A 25,8:i7,000
<!DNAlUM .<A 24,100.000
®lill!V AJ~~~I& 530.000,000
@;$IillA 24.684.06-1
!Jt:~lii i!JJtl(.A~ 6.261 212.607
2. '!ll=,ll!ti!iifii!Jdli
CDIHI.x Ill 7,119,086 ,655
®'I!D!l!~xm 391.386.946
~i't ilmll 7 510.473.601
,lJ>X'f.li ·lYb.:o-:o~·l" A 1.249.260.994
Jll:t{ffl!liiJ I.P:.t.Q~,Y:;~'l"'
0
t. lll:Wi\ !A>
(!)},l;>j ;I:Mtli!I[<I~ 100,000,000
® f1b'i ~~/iiiA( 7, 108,000
®1l:H~ifiE J{~lJlAi 22.396.000
3,:i32.000
@){j;'ittHt~ 9!1J.ll
Illl't!&A~ 133.036 000
2.Ill:1tb.1Ufi
(i)~~ illlff!lilH< 100.000,000
®ff:< ut7in~~:l:li:ltl 17,536,000
@f1;itlniflllfi! !!JJ<ttl 8.735,370
@tt: ~~t~I··JWeJl 14.060 000
Illln~x Il~ 1•10.331 370
lll:'li!.: !i~·7o-:'J:o"i--1'" A 7 295.370
IUMli6fUJJl:: '''7o.Q~-v:;~
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3 400.000.000
JlH1fllifilJI&M~
2. lttt:5ti!illl!1lii1
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Ml'Mi!i.!:lrl~ 2 780 000.000
ll!~lli!ii! $I;•:c-;.O~~-_, 620.000.000
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VI !J.i'V':. .1;;}C!)IIJA<f~illi 312,886,286
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303Annex 124: Kyodo Senpaku, “Production and handling of gifts and dispensations
of meat from the 23rdAntarctic Ocean Cetacean Capture Program”,
(Press Release, 11 May 2010) at Japan WhalingAssociation website,
<http://whaling.jp/press/press100511.html> on 9 March 2011
PRESS RELEASE
11 M:1y 2010
Kyodo Scnpaku
'Produ ction and hundlin g of gindip>cnsalinsof mea( following •hl'
23rdAnlur dic Ocean Cetllceun Cuplurc Pro gram'
Tho request<>of all 191l crow mcmhors were collected with regifd tf.~eat and
dipensations of meat fur Kyodo Senpaku crew membtrs, and gills of meal produced lrom
Anlarctjc rnin.kt:whales wt:rodistributed as follows.
( I} Gift meat preferences were collected &om ere\\ members. and to each person was
di tributcd a maximum of two strips (of approximat ely 4 kg each) of salted unesu
whale meat: or two pieces (of approx0.~to 0.9 kg each) of red whale meal per
person. Crew members who did not want 111uere able to exchange one strip of
une.w for hvo piece!'of red meat.
As a result. the amounts distributed to crewmembers were a total of approximately
1.~42kg of saltune.1to 175 cremcmh~ .and a total of approximate ly 412 kg of
red meat to 192 crew members.
(2) Meat dispensation preferences were collected. with a maximum of four pieces of red
meatper-person. and a total of .approximate! 615 kg was soldmember<~crew
(3) To ensurthe tr:msp:1reof the implemenlalion and milnagement, Senp:1lu
managed all lhe proct:s!lt:Son board, ami ililer clisembnrkalion , coordinated ull the
meat gifts and dispensations of meat and dispatched them to each crew member
individually.
(4)SetUemenl of paymt:nl for the rdevilnl wh;de meal to the Institute of Cet..cean
Researchwillbe made by Kyodo Senpal"ll pursuan t to the retail priceinetermined
April.
F.nquirics: MrTto
Kyodo Scnpak\1
03-5547- 1930
304~ :fv7..IJIJ-7..
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1
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fjt~(t!li03-5547- 193 0)
305Annex 125: Z Doi, “Don’t put out the light of whaling. My view: Takehiko Takayama”,
Asahi Shimbun, 1 June 1986 (morning edition), 4 [excerpt translated]
'Don 't Put Out the Light of Whaling. My View: Takeh iko Takayama'
By Zi!njiro Doi
Source: AsnlliSIIi»tbutt , l~6(morninged) i,pig.JJeue.rptJ
Intctv icwcr; Japan will deflldraw fi·om whaling i.Ant:~c rOcean ncd tspring
and trom coastal whaling in years· time. We could say that Japanese whaling is now
hovering onhe brink. The amlUalmeeting of the Tt1etmational Wl1aling Cmwcntion will be
held on 9tUie, but, at tl1is late agumen ~could Japan mnke?
Takayama: Japan·s decision to withdraw from whaling Clime after the resolution of the 19K2
IWC annual meeting to invoke the moratorium on commercial whalingbypressure
from t11eUnited States. 1l1e background is that after the Amcrieaus ll1rcatcncd to cut hack
Japan 'sishing allocation in its 200-nautical mile zone if Japan continued tu hunt whalt:s,
Japan swalowed its tears and made the decision to withdraw its whaling fleet. However.
Japanese whaling isind~tLwith a long history and tradition anfinplace in our
diet.When Tthink of the livelihoods of the 50,000 people affected, those who work in
whaling-rt:lated industries and their families. as someone involved isonly industry it
natural that I \\ould w fmd some way of enablinindll8to slay alive.
Interviewer: i'.enjim Doi, Editorial ~ ember1ee
tvir Tak.ehiro Takayama, 55, Secrel.4lJ'•1GeneraL, Japan Whaling Associainon. Bum
Kagoshima Pn::fecture.Ta~yram~•graduated from the fi sht:ries Departmc:nt.,fa culty of
Fisheries at Kagoshima University. He entered Nippon Suisan in 1954. transferring to Nippon
Kyodo Hogel K:risha in 1976. when the whaling divisions of Nippon Suisan, Taiyo Gyogyo,
Kyo~-uy ond oter fisheries companies merged to fom1.tlte new comph~yworked
e.xclusively in the whaling sector for his entire career. participating in 25 Antarctic whaling
fleets. three times as Fleet Commander. He has also worked in northern Pacific Ocean
whaling and coastal whaling. Mr Takayama took up his curren197!i.tion in
306fltit~(l)~ ~l-.li.JlCfJt~4.~A'-.l)'~L
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308Annex 126: T Ito, “Imminent Lock-out from the Sea: Report on Location from
theAntarctic Ocean Whaling Grounds (Part 10)—Scientific Whaling
Budget Reinstated (serial article)”,Yomiuri Shimbun, 24 February
1987 (evening edition), 14
·Immi nent Lock-n ul from the Sea: Report on Location from the Antarctic Oceltn
Wha ling Grou nds (Pa10)-Scienti lWhaling Bud get Reinstated (ser ial
:lrlide)'
By Tet suo Ito
Source l"ominriS , imbu24 February1987 (evening edition) , puge 14
Tr:msmitted all tw;~ yom the Japanese: mainbnu by short-wav e, tlw;~tasxt
little blurred when it atTivcd.e ship 's chneswp~pc eritor. Sciichi Sasaki.
49,~ouldread it precisely just the same.
·'Almost Total Reinstatement of Cetacean Research Budge t Sees Continuatio n in
Anta tnicron1This Autumn"
To SasakiU1cheadline on U1isnews item which arrived on U1i:~mxachineOJ\
7 .January seemed to be literally dancing on the page.
The paper churning out of tl1c fax machine reported that ·•followingtoegotiation s
reinstate the whaling project budget for cetaceaasrrequested btheJapan
Fisherieo:sAg.c:ncy for the 1987budge:!, almost tht: ful¥~50million has
been approved. a complete reversal from fig~ni1hih had been the indicated
response at tht: unofficial Thegship was c:xuherant al tllpie~aofc:ood
news.
Due InUc:moratorium invoked by the lntem.1tinnaJ Whaling Commission, the:curtain
will fall Japan·s commercial whaling activities from thiS whalin gBut.son.
under the International Convention for the Regulation of Whaling, the governments of
signatory counlric:s may catch and process whales, to the extent necessary for
·scientific research' including research into population numbers and distribution .
"lltis whaismeant by the tenn ·scientific whaling·.
fn addition to its decitoinvoke the moratorium. the IWC also has a pL1n to
conduc.l a compre hensive review of whale resourcesAnd so il is not simp ly
wi~hfulth ihatticnth to commercial whaling willreope npt:ding on
1J1cresultominke whales and other spec ies whose resources arc :1bundant.
Although lht: purpose is ddined as scit:ntific whaling , the C'onvt!ntion providt!s that
any whales caught "shaJI so fur as practicable be processed ". Give11that the whaling
industrisstanding at the edge of the prifscientific whaling can be continued
therewillbe no interruption to whaling, and to the dissection 3nd processing
techniques the indusb1• has developed over the past half-century. It mcnns too th:1t
the whaling vc:sscl:s and factory ships will nul rendt:rt:d obsolelt:.
Tlliispreciselwhy the Nippou Kyodo Hogei Company had repea tedly petitioned
tlle Japan Fisherit!s Agency to implement scientific Fleet chief, Capt3in
Y:~s1 Io. h5.w:~ aso passionate in his entreaty that "by using scientific whaling
we want to somehow rn3n3ge to stay alive until the day t.hal commercial whaling is
rt!surnc:u··.
309 Of course, since the putpose is research, "unless we keep the catch to the necessary
minimum we won't be able to avoid being targeted by international criticism", said an
official from the Whaling Unit, Far Seas Fisheries Division at the Japan Fisheries
Agency.
Even today, [whaling] operations barely tum a profit Should catch quotas be
severely reduced, further employee layoffs and other rationalisation measures would
be unavoidable. As chief deckhand Minoru Kurino, 52, from the factory ship said "At
this point of the downturn in the seafood industry it's too late now to tell us to get
work on another ship", and expressed the deep fear held by every crew member.
Upon seeing the lead article in the ship's newspaper distributed that aftemoon
"Scientific Whaling Budget Reinstated", for the moment at least, the fleet's crew
members heaved a collective sigh of relief.
Many i ssues remain, including how the anti-whaling countries will react, and how
many whales can be caught. That said, it is also true that they do have a slender life
line attached to an albeit uncertain future.
(Text and photos by Tetsuo Ito, special correspondent on Nisshin Matu No. 3;
headline design by graphic designer Eita Shinohara. This article concludes the
series.)
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311Annex 127: “FisheriesAgency Director-General Told by Prime Minister: Do
Scientific Whaling that Won’t be Criticised”,Asahi Shimbun, 26April
1987 (morning edition), 2
'Fisheries Agency Director-General Told by Prime Minister: Do Scientific Whaling that
Won't be Criticised'
Source : Asahi Shiinbun, 26 Apri11987 (morning edition), page 2
Prime Minister Yasuhiro Nakasone instructed Fisheries Agency Director-General Goroku
Satake yesterday, 25 ApriL to ensure that the scientificwhaling scheduled to take place from
December this year through to !\!larch next year in the Antarctic Ocean "does not give the
impression of being unfair", and told the Director-General to examine methods of scientific
whaling that willnot be criticised asbeing ''thedefacto continuation of commercial whaling"
by the United States, which is opposed to whaling. It is believed that the Prime Minister's
remarks were prompted by his appreciation of developments by environmentalist groups in
the United States in the lead-up to his visit to that country.
The Prime Minister, mentioning that the 825 whales which will be taken for the research are
just over 40 percent of the total caught by commercial operations in the previous season, said
that"My gut feel is that this seems like too large a number." In response, Director-General
Satake replied that ''thisnumber can be confidently explained to the International Whaling
Commission by our scientists."
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313Annex 128: “AMessage to the World: Sustainable Whaling. Three Whaling Groups’
NewYear’s Press Conference”,The Fishing & Food Industry Weekly ,
1559 (25 February 2003), 19
'A Message to the World: Sustainable ·whaling. Three Whaling Groups' New Year 's
Press Conference'
Source: The Fishing & Food Industry Weekly 1599 (25 February 2003), page 19
On 24 January, the leaders of the tluee main whaling-related organisations, Seiji Ohsumi,
Director-General of the Institute of Cetacean Research; Hiroshi Ogawa, President of Kyodo
Senpaku; and Keiichi Nakajima, President of the Japan Whaling Association, held a New
Year's press conference at which they identified the 55thAnnual Meeting of the International
Whaling Commission, to be held in Berlin in June, and the success of scientific whaling as
the key issues for the coming year. A summary of their comments is as follows.
Increase supportive countries, normalise the IWC
Director-General Ohsumi:
Last year we undertook some very busy work, with the two high points ofthe year being the
IWC Shimonseki Annual Meeting and the commencement of the full-scale survey JARPN II
in the northern Pacific Ocean. This year, the major jobs waiting for us are, obviously,
JARPN II, Stage II of JARPA, our response to the IWC Annual Meeting in Berlin, and
JARPA II following the review of JARPA. At present, the 16thJARPA survey is progressing
steadily, and we plan to hold an open day for the whaling fleet at Kochi City in April. The
second major survey, JARPA II, will commence from April. We intend to make a success of
the 2ndTraditional Whale Region Summit to be held in Itsuki City in May.
The 55thAnnual Meeting of the International Whaling Commission will be held in Berlin
beginning in May. We intend to cooperate with the government and strive to increase the
number of votes which are supportive of whaling. With the proportion of moderates
decreasing, theIWC is increasingly falling into non-functionality. We have to increase the
number of supportive states and normalise the IWC.
We should quickly present internationally a vision for the kind of whaling that ought to be
resumed, and obtain the understanding and support of people worldwide. Whaling in the
future must be sustainable on the Japanese model, which uses every part of the whale for
food. Further, we should promptly obtain domestic agreement that profits obtained from
whaling will be returned to the international community, and also lobby firmly the
international community.
President Ogawa :
Kyodo Senpaku is engaged in scientific whaling through the charter ofresearcl) vessels to the
Instituteof Cetacean Research. At present, seven of our eight vessels are engaged in
scientific whaling. We currently have 250 crew members and 32 land staff. Since 1990,
these staff have been accepted from the three companies Maruha, Nippon Suisan and
Kyokuy6. Our greatest mission is the passing on of the whaling technologies and techniques
to the future. We are also continuing technological improvements in order to create quality
products. The sales of by-products of research have been affected by deflation, calling for
greater sales efforts.
314Preside nt Naka Jima :
Last year we w~re very active at lhe IWC meeting in Shimonoseki and enlivened 11'1eevent.
We m1,1slnul allow [he results of this lo faJl aw;ty. The anti-whaling forces appLorbe
inC·casi.ngthe number ofnew member countries,and so it is important thwe counter this
by quickly obta.ining a majority support of members , and working towards llu: normalisation
of the IWC. Last year, a-nalliliated group of like-minded Diet Members was formed within
the Clean Government Party (Komeit6'), and the group SUPU (Sustainable Use
Par liamentarians Union) Japan was also launched. We intend to further reinforce the
domestic support framewo rk and maintain our close relations with the DietWe will also
reinforce our coope ration with the local governments concerned. \Ve intend to achieve
successful outcomes for the rese-.u-chtlcct open day to be held in April in Koch.iCity and the
2"d Summit of Traditional Whaling Regional Communities to he held in May in Ikitsuki
fow n, Nagasaki Prefecture.
315 '
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317Annex 129: “Debate: Pros and Cons of Scientific Whaling”,Mainichi Shimbun, 3
October 2005, 3 (column by T Kasuya translated)
'Debate: Pros and Cons of Scientific Whaling'
Column by Dr Toshio Kasuya , Lecturer, Teikyo University
Source: Jlfainichi Shimhun, 3 October 2005, page 3
There can be no doubt that the International Convention for the Regulation of
Whaling does allow scientific whaling by its member countries. There is, however, a
multitude of problems associated with the continuation of scientific whaling.
The reasons for this can be broadly divided under three main points.
The first is the issuef whether it is appropriate to use the animals for experiments?
The vast majority of scientific societies have self-imposed regulations which instmct
that experiment animals should not be made to suffer any more than is necessary . The
above Convention considers whales to be marine resources. Whales, however, are a
shared asset belonging to humankind, and they are not the private property of the IWC
member countries. It has been sixty years since the Convention was signed, and the
Convention is no longer in keeping with the standard views of animals that now
prevail internationally. If researchers disregard this and insist on continuing with
whaling for science, this should be considered nothing other than the self-centred
attitudeof those researchers .
The second point 1s whether or not scientific whaling in fact has a scientific purpose
as recognised by the Convention. The annual expenditure on research whaling is
approximately ¥6 billion. Of this, leaving aside government subsidies, ¥5 billion is
being paid for through the sales of whale meat. Were there no sales revenue, then the
whaling industry stakeholders could not be maintained and the shipping companies
could not collect a return on the constmction costs of the whaling vessels. This
mechanism is quite plainly an "economic activity", in which there is no room to
reflect any autonomy of the scientific researchers . This is surely not the "scientific
purpose" that is recognised by the Convention.
The third point is whether the methods of "scientific whaling" are scientifically
acceptable. The Institute of Cetacean Research asserts that it "cannot collect the data.
without lethal research methods" . However, collection of biopsy samples is enough
to ascertain lipid levels and pregnancy rates. Whale faeces need only be collected to
determine what the whales are feeding on.
The primary purpose of the second-stage research is "to constmct a model of the
ecosystem". Since, at present, there is no ecosystem model for analysing the role of
the whales in the ocean, the need to create such a model is understandable. While age
data from the whales' ear plugs cannot be obtained without killing the whale, the
researchers ought first to build a model using the vast amounts of data accumulated
through commercial whaling and the first-stage of the research, and then, only in
cases for which the data is still insufficient, should they supplementt with scientific
whaling.
In the1980s I worked in the Japan Fisheries Agency and was involved in the drafting
ofthe research whaling program. For this project, the parameters we were given were
to "draft research that will allow the whaling of a sufficient number of whales to cover
318..:ostsand which w ill J\Otbe completed in a short time-frammy" I certainly regret
naivete Utetime when I reflc.ct now on how I assisted in the establisluncnt of the
kind o~cntifiwhaling that seeks to elude the law.
DrToshio Kasuya, 67, graduated from U.oTokyi~oe has taught at TeiJJ..'O
University from 2001 after working at the Japan Fisheries Agent;y and otl1er
government institutions; he has been a member of the IWC Scihitific Committ.ee;
special area of researchmamma~rl.e
319320Annex 130: K Nakano, “To Protect Whale Eating Culture, The Japan Fisheries
Agency SupportsAMeat Wholesaler to Develop Sales Channels
Targeting School Lunches”,Nikkei Sangyo Shimbun, 29 May 2006, 21
'To Protl'Ct Whal e Eat ing Cultur (',the Japan Fisheries Agenc~leutnorts a
Whol~l crto DeY<'o Sai<'Channd~ Tar getin g School Lunc hes'
IJyKl'ilmke 'akanu
Sttur cl': NiSn trgJSllimbun ,29 May 2006, page 21.
Scit:ntilic Whaling ExpaandoIncreasing Stockpilt:s
Amid concerns aboul the surplus of whale meut resulting from the expansion in scientific
wh(l]inga new wh:1le- m~ollaler company, Geishoku Rub[TN: lit: Whalt: Cuisint:
Labor:1toryj, located in Ward,aTokyo,was established l MaywiU1:s~~ist: focc
the JapanFisheries Agency and otl1er organisaItscharteristo develo1) new sales
chann ~olshalt: meat, which has almost dis:1ppe;u·edJi·om dt;e~sdlring the
25 ycm's since the commencement of the ball on commercial whaAnyg.increase in
whale-meat stocl\s is likely to add force to tl1e criticism from envil'onmental Jlrotection
groups and so people inseafood industry have high oxpcct:1tionsof the new comp;my.
Consistent supp ly difficult
Geisboh Rabo Lutsb(X,'telstablished as the Japanese e11limited liability company.
'l11etonner consultant, Mr lliroshi Tanaka. who will be tl1e company's managing director,
has investedl million ohisown fundsin the company.Kyodo Scnpak"'(Chuo Ward.
Tokyo) hasprovideda loan o¥20million for operating capital. Kyodo Senpaku has been
exclusively commissioned to market whale mtheInstituteCet:e~a nesearch (ICR).
\\ luch c.mics out scientific whalIn consultation with ICR and Kyodo Scnpaku.
Geishoku Rabo will develop new sales channels for\\ hale meal, and the company is to be
dissolvein 5years time.
Managing Directr·Mr Tanaka will tafget sales to catering services supplying hospitals and
company caft:terias. ;;~Jlo cwthbilee Southern Ocenn, the prinn:se: z~rech
this year doubled to 850 whales, wllich was an increase to approximately 3.700 tonncs.
Scientific whaling is also conducted in otlleJ'sea areas and the amount of whale meat
distributedmei ct<~ s rydicted to reatotalof:~bt6,000tonnes.
Mr Tnnaka explains. however, that "thic; is an overwhelmingly ;;mall amount compat•ed to the
annual consumption of beef which exceeds 800,000 lonnes". Low distribution volumes m•1kt:
it difficulselto businesses sucl1as restauran;mdhhigh volume retail outlets wl1ich
demand stable suppliesflowever , lvolumes arernanage: for~o-laisational food
providershicl1will provide it in the fom1of once"specnUme~us".
While middle-ag(;ldand older peoplealomlness lor whale meaisfar less familiar to
the younger gcncrnlion. This means that one of Gcisholm Rabo ·sprimary tasks is to develop
new menus lor whale meat. Of the ton ur so employees . the intention is that the majority will
be chefs and diCoJticia.osThe aim is to encourage its use mi.xedwith other meats and o;x:tolit!l
nutritional superiority as a high-protein low-fat meat.
Kyodo Senp;w. thetraditional seller of me:~ehtssold the meat mainly U1roughthe
central wholesale markets locatedss Japan.Whale meat prices arc decidby Ute
Institute of Cetacean Research. and the current wholesale price is¥2,00011\gtely
321 for red meat. Partly because whale meat is expensive compared to other meat, stockpile
levels are at about 1,300 tonnes. Geishoku Rabo intends to develop new markets amounting
to 1,000 tonnes in the first year and to increase annual volumes handled to 3,000 tonnes after
five years.
The annual budget for scientific whaling is almost ¥5 billion. Of this, government subsidies
are only ¥500 million. The balance is provided by sales of whale meat and so, as the
President of the Japan Whaling Association l\1r Makoto Ito explains, "unless it sells well,
there will be a significant impact on continued whaling".
Seafood companies hesitant
Notwithstanding the expansion in scientific whaling, in March this year, Nippon Suisan and
the other four seafood companies which had invested in Kyodo Senpaku, announced the
transfer of all of their shares in the company to public interest organisations, including the
Instituteof Cetacean Research, for no consideration, explaining that "scientific whaling has a
strong public interest aspect to it, andt is not easily carried out by the private sector".
The backdrop to this is appears to be concerns with regard to environmental protection
groups and similar organisations. Groups such as Greenpeace are fiercely opposed to the
expansion of whaling in the Antarctic Ocean. In April, Nippon Suisan decided to suspend
manufacture of canned whale meat as a result of a boycott on the products of its affiliated
companies in Europe and North America. Company President l\1r Naoya Gakizoe explained
to investors that ''Ourvery involvement in whaling leads to business risks".
With the negative image of whaling and the drift away from whale meat among young people,
the key question is whether during such adverse times it will be possible to protect Japan's
traditional cultureof eating whale meat and carrying out whaling. The answer may depend
on the trial and error conducted at Geishoku Rabo during the next five years.
[TN: Diagram/photo not reproduced)
The majority of the budget for scientific whaling is earned from sales of whale meat -
courtesy of the Institute of Cetacean Research
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324Annex 131: “Shimonoseki City Operator of Shimonoseki KaikyokanAquarium
Becomes Scientific Whaling Major Shareholder; City to Support
Re-start of Commercial Whaling”,Nihon Keizai Shimbun – Regional
Economy Section: Chugoku A, 4 July 2006, 11
'Shimon oscki City Oper ator of Sbim onoscki Kaikyoka n AquaBecome Scientific
Whaling Major Shart'hold<'r; City to Support RNctar t of Co mmercial Whaling'
Sour ce:'ilwn Kei:;aiSllimbunUegi01ml Economy Section: Clmgoku A,4 July 2006,
pnge 1l
Shi.rnonosck.i Mm·inc ScienceAcademy (Director:Mr Kiyoshi Ejima. Mayor of
Shimonoseki City). an ext1:1malorgarcisation of the City of ShiminoYnm:1guchi
Prefecture and the operator of tlte Shimonoseki Mnrinc Sciences Museum. Shimonoscki
KaiJ:,>kan Aquarium. has become a major l;hareholder in Kyudo Senpaku (C'huo-ku.,Tokyo;
President: Mr Kazuo Yamamura) , Japan's only scienlllic whaling entervrise, by acquiring a
19.4% sh:u·c in the cmnp:my worth ¥49 million :11face value. Shimonosoki City will usc the
data or•whales ow bydKyodo Senpal,ath Sitnono ~akkokan aquarium andwillend
l\u·thsupport towards the resumption of conIwhaling.
Mayor Ejima and Pre!iident Yamamura made the announcement at a press conference at
Shimonoseki City Hilll on 3 July. Kyodo Senpaku is in tl1e process of conversion into a
public-bcncftt company, and it reported ly approved of Shimoncffoi~tltbecome
a'\vlul e town··.
Kyodo Scnpaku was established in 1987 during the ongoing morato rium on commercial
wh:lng. Itis tl1e only company in Japan that continues to supply research vessels and crews
to the govcrrunco research whaling program. It is also contracted to sell the whale meal
Accor<ling lo President Yamamura. since the company 's shareholders had been private-sector
enterprises. frome viewpoint of "placing moemph~as on the public benefit" of the
company 's operations, at l11t:t:nd of June, the five lbnn er shareholders. including a Maruha
affili:•le, tr:msferred their shares in equal proportion s lo M:~rihiSnincesi
Academy and four foundations based in Tokyo, including U1cInstitute of Cetacean Research
located in Chuo-ku. Tokyo.
Under Kyodo Senpalcu's new shareho lder structu re, lite Academy :md the other four
foundations will each hold 19.4'}oof the shares, while Kyodo Senpwillhold Uer'S
remaining 3%.
Shimonoseki City's new mle as a major shareholder in Kyodo Senpaku has strengtl1ened its
links with whales, and is likely to enable it to promote its •sures nationally.:<
The Shimnnoseki Kaik:yokan aquarium plans toeff0ce1ttrese:u·ch :md exhibits about
whales. If commercial whaling is resumed, this is likely to be useful for wh:•ling·bas1:1d
promotiona l activities.
Shimonoscki City has held send-off ceremonie s for tem Ocean research whaling
fleet each season si1998_and. in 2002, hosted the annual meeting of tl11:l1nlemational
Whaling Commission (1\VC). 1\fayor Ejima commen ted, sha~holderof tho research
whalingcom: pu·twe want to continue to provide assist:mcc towards titc resumption of
whalrng wilh the underStanding of our city's citizens.,_
[TN: Graphic not reproduced_] Shimonosekiisthe site of a send-off ceremony for tbc
Southen1Ocean research whaling fleet.
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326Annex 132: “Kyodo Senpaku: 980 Shares Each to Five Foundations in Total Share
Transfer”,Nikkei Sangyo Shimbun, 4 July 2006, 18
'J.:yodo Senpaku: 980 Shares Each to Five Founda tions in Tota l Shar e Tra nsfer'
Source:Nikkei San(DIOSlrimbun,4 Ju ly 2006, page 18
Shimonoscki: On 3 June, scientific whaling company Kyodo Scnpaku (Chuo W:u·d. Tol--yo.
Presiden tvft Knzuo Yamamura) announced that at the end of June its five corporate
shareholders .cluding a Maruha-aililihad transferr;~dIfhe:company 's sh:m:s to five
iucorporntcd fowHiations, includingmonoseki Marine Science Acndcmy (Shimonoscki
City, Yamaguchi Prefecture) and the Institut e of Cetacean Researc h (Chu<> Ward, Tokyo) ,
with980 shares tmnsferrud toc found:ttion.
'l'ht:stock ownership level of eachfoundatoin~is19.~ 4par v;duc.:of¥49 million) and
Kyodo Senpak u flirtJctors own the rem3°o.n g
Outin g the period that commerC-ialwhaling has been tempor arily suspe nded. Kyodo Senpaku
has been SUI>pyling research vessels and crew for IJ1e govemmonl 's scientific whal ing
progr:1ms.
WiU1the objective ol'emph:tsisingpt~be iltncst natun: of the program. the shnreo;"ere
transferred to public-interest corporations as tbey had bbynprivate companiesAn
extrao rdinary general meeting wlll be held in mid- August to determine the company's new
directors nnd related matters .
The ShimonosekJ City orgnnisatiowhich operatesUteShimon oscki Kaikyo lmn Aqunnun1
has become a major shareholder of the scientific whaling company. The City will provide
support towards the resumption of"com mercial activities".
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328Annex 133: T Miyazaki, “So That’s Why! Economics: Marketing Power-up,
Boosting Excess Consumption at Pubs and School Lunches”,
Yomiuri Shimbun, 5 September 2006 (morning edition), 11
'So That's Why! Economics : .MarketinPower- up , Boosting ExecsConsu mpti on at
Puhs and SchoolLuocl~u·
lly Taken Miyanki
Source:J"omiuri Sllimb15,Seplember 2006 (mornin g ctlilinn), 11ge
An uncxp..cted excess sees a forgotten taste g;1in''regular·•st:1tus on pub menus and targeted
at school lunches
Tht ~umber of food companies and e11leires using whale me01tis on the rise. But while whale
mellt for culin:uy purposes is being placed on the market, wh:llo meal inventories have lllso
been expanding. The people involved with whaling are h-ying lwrccon._~patin.p
Whale meat S(llarca very impoi1ant fmancial source for researc h whaling. Future research
whaling is likely to be obstructed unless whale meal consum ption increases. and this is why
industry insiders see it as an emergency issue.
llealth food promoljon
l\lo I of the whale meat eaten by conismeat from whales wb.ich have been caugl1t for
!>Cinetifie whaling, processed and then sold aftel' beiJlS studi"J11!~J~ituofte.
Cetacean Rcsc!lfclL wJuch conducts survey wlwl.ing. puts the meat on the mnrkct through the
Tol:.-yo-based ship company Kyodo Senpa.k. hich is commissio1led carry out the
whaling.
Kyodo Senpaku has been recently strengtJ1eni~aestpromotion of whale meat. and so
U1ere have been more cases of food companit::sandst:~gertoell the meat.
From March, Nippon Meat Packer 's Tok-yo-based subsidiary. ll oko. begnn selling three
dillcmmt types of new product using whate meat, includingp:~rcalledl'rm7(1fasi
well as canned products with cooked whale meat.
Tht:company said lltat '"we expethiswill sell welifwe can get the b;y~bboomt:r
generation. which previously ate whale meat, to revive their mc tMtc."of t11
From November 2005, the restaurant chain store "Chimney", also obyNippon Meal
Packers. began selling seven types of whale meat dishes. includin g fried whale meat fritters
and whale meat sashimi. at its 200 "Hana no Mai" eateries nationwid e.
Untilthen, Ilana no Mai had listed whale meat on its limited seasonal thn~wa~but
U1en miscd a notch to appear on the regular menuWh.ile the whale meal fritters are
approximately50 per cent more expensive titan chicken menl fi·iuers. their sales put them in
the top HI most popular products of the restaurant chain.
lu addition tl1above. lbemajorfoodstuffs supermark et Maurctsu :llso started selling 10
different lineswhale meat product, including sashimi. from June 2<}{).5
The Institute of Cetace an Research and other related organisations arc aiming to expand the
sales cannels whale meat. In f..lay 2006, tl1e ICR established the company Geishoku Rabo
329 [TN: lit: Whale Cuisine Laboratory], based in Tokyo, and this company has been marketing
whale meat to industry sectors that produce lunches for organisations such as hospitals and
universities.
Mr Tanaka, Managing Director of Geishoku Rabo, is making the appeal that "whale meat is
high protein and low calorie. Its former reputation of being tough to eat has been improved
through advances in refrigerating technology" .
Whale meat inventories doubled in past ten years
The industry is so keen to market the product because consumption has remained stuck at low
levels while supply has expanded considerably.
As the Instituteof Cetacean Research increased the types of whales which it culls for detailed
scientific surveys, the amount of whale meat provided rose from 2,450 tonnes in 2000, to
5,560 tonnes in 2005.
But consumption of whale meat has not expanded as expected. In 1982, the International
Whaling Commission introduced a moratorium on commercial whaling, and Japan, from
1988, stopped commercial whaling. Per-capita whale meat consumption, which was 2,000
grams approximately 40 years ago, fell to 50 grams in 2005.
The result of this was that in distributor freezers and other areas, the inventory of whale meat
in 2005, as a yearly average, increased 45% over the previous year, to 3,945 tonnes, which
was about twice the amount of 10years previously.
In December last year, the Institute for Cetacean Research, which sets the price for whale
meat, lowered the wholesale price by 20 per cent. But while retail sales of whale meat
expanded by 50% between January and July over the same period last year, distributors '
inventories still didot fall.
One reason is that "there's a deep-seated feeling among consumers that whale meat is hard to
get", according to an officialin the Japan Fisheries Agencies ' Whaling Section, while others
point out a shift away from whale meat among young people, in particular.
Will unsold whale meat squeeze research whaling?
Approximately 90 percent of the ¥6 billion annual budget for research.whaling is met tlu·ough
the sales of whale meat. Unless whale meat can be sold, it will be not possible to conduct the
scientific whaling as they would like.
The Institute of Cetacean Research, from 2007 onwards, plans tofurther increase the number
of whales culled for scientific research and expects that the amount of whale meat which will
be provided to the market will expand to about 7,000 to 8,000 tonnes per year.
Unless consumption increases, inventories will only build up, leading to the situation where
there will be insufficient funds toe directed to scientific whaling.
There is also the fact that Japan is seeking the resumption of commercial whaling at the
International Whaling Commission. At the Annual Meeting, which was held in June this
330year, the joint declaration put forwbydJapan and other pro-whaling nations was adopted
hy a margin of one vote. '01e declaration included the statement tl1at the temporary ban on
commercial whaJing was "no longer necessary" . '111einte-rnational deb;1te qver whaling,
however, may be influenced by the impressionthatwhale meat consumption is not solidJy
expanding .
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333Annex 134: “Whale meat sales to livestock producers: Targeting non-fisheries
sales channels”,Nikkan Minato Shimbun(Fisheries & Food News), 27
November 2006, at Japan WhalingAssociation website,
<http://www.whaling.jp/news/061127m.html> on 21 February 2011
'Whale meat sales to livestock producers: Targeting non-fisheries sales channels '
Source: Nikkan Minato Shimbun (Fisheries & Food News), 27 November 2006
In September, Geishoku Rabo [TN: lit: Whale Cuisine Laboratory] (Minato Ward; Managing
Director,1vh Hiroshi Tanaka) began the sale of whale meat to the livestock industry. Having
obtained permission to deal in seafood products, livestock producers in Osaka Prefecture
have purchased red meat and breast meat from Geishoku Rabo to produce trial products.
They will also take on outsourced processing from Geishoku Rabo. Geishoku Rabo is a
limited liability company which was incorporated on 1 May with the objective of opening
new sales channels for whale meat following the expansion of the cetacean capture surveys
and the increased supplyof whale meat by-product.
The adoption of whale meat has been limited so far, and Geishoku Rabo aims to open new
sales channels, such as hospitals and company cafeterias, which are unlikely to compete with
existing markets.
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335Annex 135: K Oyamada, “(Observer: Taxes – Lifestyles – Money) The Real
Reasons for Continued Whaling”,Asahi Shimbun, 18 January 2008
(morning edition), 8
'(Observer: Taxes- Lifestyles- Money) The Real Reasons for Continued Whaling'
By Kenji Oyamada
Source: Asahi Shimbun, 18 January 2008 (morning edition), page 8
Two anti-whaling activists, an Australian and a Briton, were temporarily apprehended after
boarding a Japanese whaling vessel without consent. There are various arguments for and
against whaling, but acts such as boarding a ship without petmission and attempting to tangle
ropes in the ship's propellers cettainly cannot be excused.
At the same time, there are undoubtedly many people who ponder why the Japanese
Government is so intent on continuing whaling? Most people would not be bothered if whale
meat was not available. And the major seafood companies say that demand is limited and that
they do not want to engage in commercial whaling.
The view of the Japan Fisheries Agency (JFA) is that fish stocks are in decline around the
world because whales are eating several hundred million tonnes of fish a year and that
research into their ecosystems is needed.
There is also the view that another aim of the JFA is to support the Institute of Cetacean
Research (ICR), an incorporated foundation under its jurisdiction which implements the
research whaling. The ICR is a destination for golden-parachuters from the JFA and, at
present, four former JFA officials are ICR board directors.
The ¥7-8 billion earned from the sale of 4-5,000 tonnes of whale meat every year are used to
fund its activities. In 2007, it received about ¥500 million in government subsidies . Last year,
a f"rreon board one of the whaling vessels led to a drop in revenue. The price of whale meat
was raised to make up for that lost revenue.
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337Annex 136: K Oyamada, “Scientific Whaling: Financial Pressure. ICR misses ¥1
Billion Financing Repayment in 2006/07Account Settlement”,
Asahi Shimbun, 2 February 2008 (morning edition), 9
'Scientific Whaling: Financial Pressure. ICR misses ¥1 Billion Financing Repayment in
2006/07 Account Settlement'
By Kenji Oyamada
Source: AsahiShimbun, 2 February 2008 (morning edition) , page 9
The cash position for Japan's scientific whaling is worsening. As of its 2006 business year
account settlement (October 06-September 07), the Institute of Cetacean Research (ICR), the
whaling program 's implementing organisation , has been unable to pay back¥ 1 billion of the
¥3.6 billion interest-free loan provided by the government for operating expenses. Last year,
incidents on the whaling vessels included a fire and a fatal accident. The direct cause for the
missed repayment was a 20% drop in whale meat sales following interruptions to operations,
but other factors, including escalating costs in line with recently expanded catch amounts,
and a major drop in whale meat prices in 2005-6, have also made an impact.
Backfire: catch increase, price cuts
The ¥3.6 billion sum was provided as a short-term loan from the Overseas Fishery
Cooperation Foundation of Japan, an organisation supervised by the Ministry of Agriculture,
Forestry and Fisheries. The plan was to borrow it at the start of the fiscal year, and repay it
by the end of the same year. As finances became tighter, however , it is understood that the
ICR ananged to repay ¥1 billion of the loan in instalments over four years starting fi'om2007.
A national government subsidy is the source of the loan funds provided by the Overseas
Fishery Cooperation Foundation of Japan, which means that the interest-free finan ce
provided to ICR is, in effect, a government loan. The ICR started borrowing money from the
Foundation from its 2001 settlement, when it began increasing the whale catch. The amount
borrowed in the first year was ¥1.2 billion but as catch numbers increased so did the loan
amount. The ICR is reported to have also borrowed from the private sector at one stage, but
subsequently abandoned this strategy due to the high interest rates.
In 2005-6, ostensibly to expand its research on whale ecology, the ICR raised the number of
whales caught in the Antarctic Ocean from 440 to 850. The volume of whale meat supplied
also grew by over 30%. Because this is a public program and there is no need to generate a
profit, the price of whale meat was lowered by an average of 20%, but this ultimately resulted
in a drop in sales income of around 6% on the previous year.
At the same time, the ICR's costs rose 10% as a result of the expansion in the whaling fleet
from 5 to 6 vessels, and the lengthening of the survey period. One source said, 'In retrospect ,
we probably reduced the whale meat price too much. '
The 2006 budget settlement recorded a deficit of ¥700 million, and returns to state coffers,
usually in the order of several tens of millions, fell to zero. The explanation offered by the
Fisheries Agency's Far Seas Fisheries Division, which oversees the program, and ICR
executives , is that "the problem last fiscal year was caused by fires and other unexpected
difficulties. [f we regain our regular pace this year, the balance of payments will return to
normal."
338However. thjs year the ICR has seen a continuatio n of tl1cintermittent:~cttbyonjvc
American conscJVation groups, and since 15Febtuary wbaling acti,·ity has been suspended .
A prolongation of ll1issituatior~ullln a fall in whale me11tsupply volumes, anc.lmay
lc.1dto a fur1her wol"!leningin thciCR"s fmancial position.
Pro j ects operal ed by national policy company
The company which manages tile scientific whaling research vessels and crewmembers and
:~ctu m pemyents the project is Tokyo-b ased Kyodo Scnpaku. Kyodo Scnpaku recorded
salesof nbout ¥6 billion and net pl'Ofit of about ¥5 militsnccoUJitsperiod ct1ding
()etobcr 2007. 'l company says ihllt it secures a profit every yenr.
Eighty percet of Kyoclo Scupaku's sales income comes from tho lCR i11tho form of charter
fceR and the commission, of 5.5%, on the sale nf whale meat to leading wholesa lers at
wholes:1lc markets nationwide .
The company has a staff of around 300 who are frnm major sc.:atooc.clompanies. Sources say
while there many arc specialistsissecting whales and predicting wh.sle su1face points, a
major challenge is the issueounger employees who want to llVoidlong periods at sea and
do not stay witll U1ecompany.
Kyodo Sctlpai.was fom1cd through amaJgamation of tbc whaling divisions of tlu·ee firms,
Taiyo Gyogyo tnow Manllta Nichiro Holdings). Nippon Suisan. and Kyokuyo . These
leading seafood companies, however_ withdrew•omthe sector in 2006, due to the risk of
being targetec.lby the anti-whaling movement and the profitabilit y of whaling. All of Kyodo
Senpaku"s shares were sold to rrvc juridical;~ undernte Iinislry of Agriculture.
Forestry and Fisheries, effective ly making it a national policy company
339 ~lu•or~u·n<hro-,.Scientific Whaling
(Fis.:alyear:,round t~dearest\'1milli)n
Mirustryof AgricutFonu tryandFishqrit?s(MAFF I
II Sup..rvu oon II >upeiVI>ion
Overs;!as Fishery Th~ InstituofC~a~eua
Coopc,..,t cfnonFantof R< s<>arch
JapAn sl~ofwtoarmea tS.~Mllooyen
Subsid y: 1 2 hlllior; yen Subsidy:50millioyen
REH aochCOmr"!IIS1l400
n'llll1en,
Othe•~.2.l!ll iO"I! y~rt
lncon1e:.~billion yen
1 4~b1n H yio
5 fout'ldations ~VQdoS~Ipaklt
SllpovrseclIJIAFF
JOO'o>li~11-fnlg< Conduct-wha~n g,,u
(lOOmilliyon out lay)
sdle otw hale me at
h1<»1~clt»tafll~l•d
lnsilluoG:eliorean Rese:trrh : whulemeal supply, sales lncome.lntere!ll, rree ltllons
!Utoi¥1fiu~lll yl.)
Whalemoat&1pl)lly Whalem~a sale Poundalioninterest-free
mco.me loans
Fiscal2000 2.4.5te>~mes 50 Nil
fiscal 200l 1 6-20 J.ormes 48 12
fo'is<.102 J 270tQ IUt.. 57 20
Fisool2003 3.380tOJJne;l 59 25
Fiscal2004 •I.sotoruteS 71 25
Fis.:all005 5.560tomtes 67 36
F'iscal2006 4 154tonnes S4 36
.(\rooUU(.i'n ¥100 milliortyen; October/Seyear(olutewioscientific
wltaliseaSl'!fisc:2006jgOoereoe 1OctoiJer20U~rou 30Sttu1:1nbre1007.
The Lireslyle Pel"specliVe
The prio ofgoods such as broad and noodles aru of particular ooncem at lhc moment.
MAl'Fh»s raised the sourceo·wltcat b30'1sinooApril. Food productsChi.on
are anollaer worOtloeooncerrur incwhere Llle""""""i•ile<tded,;wl•tl will
l1pJJu ltlipen1outoln1edircaces e~~ud:;
340A priority policy?
And lhen U1ereis scientific whaling. I do Ulinktlmt Japan has a right to catch whales, and lo
eatthem. Some level of research activity is probnecessa1ytoo. B1,1lhould whaling
policyrc<~ylbe high on thepri01itJist for a national governntent confronted by so many
other problems? We live in an era when even the postal service has been privatised. [s this
really the policy that the people want? I think we need to get back to basics and reconsider.
341342Annex 137: K Oyamada, [(From the coalface) Whale Meat Goes Unsold. Supplies
Increasing, But Distribution Channels Not Expanding. Government-
Backed Distributor Operating at Loss”,Asahi Shimbun, 19 February
2008 (morning edition), 8
'(From the coa lface) \Vhale meat goes unsold . Supplies incre asing, bul dislr fbulion
chann els not expandin g. Gover nment -backed distributor operating at Joss'
By Ken_jiOyama da
Source : Asalli Sltimbun, 19 Febr uary 2008 (moa·ning edition ), page 8
As a result otheGovcmmc nf s expansion of i~tresearch whaling program. it now faces the
challeng<::of what to do with the increased quantities of whale meal it produces. TI1e
company that· itset up to develop new sales cham1els for whale meat is expected to post its
secc.mdconsecutjve operating loss, and local distributors in regions with strong lies to whales
nrc also reachinga limit to what they can do. Approximate ly 1\:vcntyyeafte1commercial
whaling ended. consumers are less interest in whale meat. and it will be no easy task to
bridge the gap between that waning demand ad the growing volume of supply.
A sushi restaut"dnt owner in Boso, Cbiba Prefecture, asked, «Whale meat is very bl<.>oyd,
which puts female customers off. What can 1do?"
"One suggestion wou ld be to top the meat wi1J1a black sauce or put vegetables undemeait
to make the blood less visib le." So advises Hiromitsu Nozaki (55), execut ive chef of
Waketol-.--yu<nafamous Japanese restaurantin Azabu, Tokyo.
On 28 J:muary, the Institute of Cetacean RcseaJ·ch, the non-profit organisation under i\1AFF
jurisd iction thai conducts the research whaling program, was one of the organisers of a whale
cuisine seminar held at a cooking school in Tokyo .
Hiroshi Nakada (58), director of whale meat distributorGeisho ~'bo lLTN: lit:\VItale
Cuisine LaboratOJ)'],suggested,''l'fvy company has developed a vacuum-sea led whale meat
product that keeps the bloodand other fluids in the meat and is very eastocook with. I
recommend you usc that:'
Gcisho ku .Rabo was establis hed May2006. When theAntarctic Ocean wbaJi.ngcatch was
increased from 440 to 850 wl1alesMAFF and the lCR called on Mr Nakada, then a directo r
of a fisheries company , to help them sell the resulting whale meat.Ml'Nakada invested
1million yen of his own money and established the company.Ithas three staff, includMrg
Nakada, who isassisted by 1\vostaft'from tlte whaling company, Kyodo Senpak-u(Tok')'o).
The company closed its books for the secondme althe t:nd of this March, but has achieved
only a fraction of its projected sales. It pasloss of approxinlatel200 million yen in its
first year, and a loss of a.round 150 million yen is expected for the second year as well.
Mr Nakada has poured in a further 100 million yen ofll is own money and has asked 'Kyodo
Setlpak.'.owait for payment of some of the proceeds of the whale meat supplitoGeishoku
Rabo.
One of the most dif.ficuU aspects oh-:l ~ignwhale meat is the bloody drippings that como
out of Lhe meat. In t11 autumn of 2006, Geishnku Rabo signed a contract \.\'ttha large
company that operates staff cafeterias , selitn16,000 meal-sized portions of whale meat.
However , no repeat orders were forthcom ing, because of the complaint about blood coming
out of1J1cmeal
343 After that, Nir Nakada developed a method of freezing and other innovations that cut back on
blood dripping. Kiwa Corporation (Tokyo), which operates the Benitora Gyoza Bo Chinese
dumpling chain, and another foodservice company adopted the new products, but the volume
is still small.
Geishoku Rabo now plans to put its efforts into marketing its products to the wholesale
market, but it faces some high hurdles.
Wakayama Prefecture is where Taiji-cho, famous as the birthplace of organised whaling in
Japan, is located. A major wholesaler in that prefecture that handles the meat from the
research whaling program said that the volume it handles has increased from ten tonnes a
year ten years ago to 35-40 tonnes today. However, because it cut prices down to wholesale
levels, sales revenue has only doubled from 300 million yen to 600 million yen.
A source involved in whale meat sales in that company said, "The effects of the price cut
have run their course. Unless we make a conscious effort to market it, our sales volumes drop
immediately."
Large-scale retailers also handle only small volumes. The ION group, which operates 1,200
supetmarkets , including the JUSCO stores, sells whale meat only in Niigata and Nagasaki,
regions that have historical ties to whaling. Ito-Yokado doesot sell whale meat at all.
Inventories climb to 6,000 tonnes
How much whale meat do consumers actually eat? A clue to answering this question can be
found in the Whale Meat Supply Volumes statistics released by the ICR twice a year, and the
WhaleMeat Inventories statistics produced by MAFF every month.
In FY1987, when research whaling began, 1,140 tonnes of whale meat were supplied. This
increased as the whale catches grew, reaching 4,154 tonnes in FY2006.
Inv.:ntori.:s havt: also jumpt:d sharply. Th.:y had slay.:d bdow 3,000 lonn.:s, but sudd.:nly
jumped to 3,000-4,000 tonnes, and by the end of April 2006 had climbed to 5,969 tonnes.
This was more than the record volume of 5,560 tonnes supplied in 2005-2006. ''This would
be inconceivable in a normal company", commented a certified public accountant at a major
auditing ftrm.
Supplies fell in 2007 due to a ftre on board the whaling vessel and other problems, and
inventories also dropped. By the end of October last year, they were down to 3,798 tonnes.
A Kyodo Senpaku staff member involved in distribution said that, when the whale meat
wholesale price was cut by 20% in 2005, sales grew by 50%. Sales increased by 12% the
following year and by 7% more recently. He refused to give actual figures, however, saying,
"The anti-whaling people would say that our data could not be believed, so we do not publish
them."
[TN: Photograph not reproduced.]
Hiromitsu Nozaki cuts into a piece of whale meat at a Japanese cuisine seminar, Ikebukuro ,
Tokyo. Photographer: Tsuyoshi Takeda
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346Annex 138: “SuspicionArises over Research Whaling Program. Former Crew
Member Says CompanyApproved”,Asahi Shimbun, 15 May 2008
(morning edition), 3
'Suspicion Arises over R esea rch \¥ba ling Program . For mer Crew Member Say~
Comp any Appr oved'
Sour ce: Al·alli Shim bun, 15 May 2008 (mornin g edition ), page 3
Some crew members of the .Japanese whaling fleetarc suspected of having taken meat from
whales caught in the research whaling program without pcnnission . A fonncr crew member
told thtAsahi Shimbun U1a t some members hid several hundred kilograms of whale meat and
took it home. Suspicion has arisen that meat from whales caughtin tl1e Antarctic in the name
of "scienlil'ic research" may have been put on the market lhm ugh improper di$tril.mtion
channels .
Several hundred kilograms in some cases
The former crew membe r took part in the program in tl1e Southern Ocean two years ago,
working in the manufacturing section processing the carcasses of the captured whales. He
said Ulal most of lhe ember.t.led meal was from the portion called une.m, which is used to
make whale bacon..and that tJ1ecrew would salt the meat iutheir own cabins . Fatty ted meat
was also taken. he said, and some crew members took more than 10 ca1tons containing more
than 20kg each, totalling several hundredilograms.
He said that, when tl1e ship returned to poin Japan, large courier trucks would be arranged
and the cartons would be loaded on to U1em one aflt:r: U1eother, alowiiliclotl1ing ami other
effects .
At tlte time, there were around 150 peoplen board the factory ship, where tl1ecaught whales
were processed, including researche rs from the Institute of Cetacean Resea rch, the
organisation in charge of the research program. 70-80 of those on board workecl in the
manufacturing section . The former crewmcmber said, '1 think that almost all of those
workers were doing it. The com]1< my also turned a blind eye to it ami tacitly agreed to lhe
practice . However , anyone who did it too cmdely would be called in and given a wamiug ."
"Sold off locally"
Unesu is seena~a gomme t cut, and is put on the market for 2,000-3,000 yen/kg. 'I've heard
that· crew members were selling the whale moaf tl1athey smuggled off the ship in fucir
hometowns. rr it was just for eating in their own homes, the)' wouldn't net:d such large
quantitie s. Sorne people also sent it to past crew members.
Tie said that t crew members each brougl1lth·eir own cartons to pac'ktl1emeat and the salt
used for salting it. He srdd tlutt, in the vessel's home pott, "c(ll'dboardcattons would be sold
out."
The research w)1aling program lasts for about fiVe months. The work is tough and securing
enough workers is a challenge. "Qu ite a few ofth e younger people quiL Tflhey smuggle the
whale tneatoff the ship, they feel as though they can get so1netJ1inggood out of it.''
347 Free "souvenirs" questionable. Nil payment of profits to government last fiscal year
The Institute of Cetacean Research acknowledged that crew members took some portions
home as 'souvenirs'. But the Institute stressed that it has rigorously instructed crew members
not to sell whale meat on their own.
Fleet commander, Hajime Ishikawa, Deputy General Manager of ICR's Survey Depmtment,
commented, "We gave it to them as souvenirs, so we could not censure them if they did
decide to sell it, but we tell the crew not to sell it around recklessly and to avoid doing
anything that would cast false suspicions."
The International Convention for the Regulation of Whaling requires signatory countries to
process as much of the whales caught as possible to effectively utilise marine resources. In
line with the Convention, the edible parts of the whales, the "by-products " of the research
whaling program are sold on the market and revenue from those sales is used to help fund the
program 1n the following year. Such revenue makes up 90 percent of the total cost of the
program, 5.4 billion yen per year.
However, this means that the remaining 10% of the cost, or approximately 500 million yen,
comes from government subsidies. In years when revenue is high, several tens of millions of
yen are returned to the state coffers, but there were no such returns last financial year.
Whale meat stocks are piling up amid dwindling consumption. Itis questionable that the
Japanese whaling fleet still maintains the practiceof giving crew free "souvenirs" despite low
revenue from whale meat.
Sources say that unusually cheap whale meat has been seen on the market before, raising the
suspicion that it may have been distributed through improper channels. They say that some
meat from whales caught by the program was found to have been sold to restaurants before it
was sent to the market.
The environmental non-governmental group Greenpeace Japan is calling on Kyodo Senpaku
to probe the suspected embezzlement and tell the tmth about the results.
Calculation of profits is ambiguous and should be reconsidered
Professor Masahiro Yamao, Hiroshima University Graduate School (Fisheries Economics ):
"Although I cannot comment on the allegations as I have no knowledge of the facts of the
matter, the practiceof crew members taking souvenirs home has probably gone on for a long
time. However, this time it is research whaling, which receives government subsidies. By
products are meant to be put on the market, so perhaps there should be reconsideration of
anything that makes the calculation of profits ambiguous."
348Flow of whal e nu!at obta ined from •·esea rch
Whales are resean:hed. dismantled and frozen in the Antarctic Ocean and northPa~ific
waters
l (Suspected distribution route)
Pl'icsetby ICR (.Japan) Salted,couriercd to crewmembers · homes?
l l
Wholesale Sold viaimproper cham1els.including retailers?
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351Annex 139: K Oyamada, “Commentary: Difficult Situation Reflected in Whale
Meat Consumption”,Nishi Nippon Shimbun, 15 June 2008, 12
'Commentary: Difficult Situation Reflected in Whale Meat Consumption'
By Kenji Oyamada
Source: Nishi Nippon Shimhun, 15 June 2008 (morning edition), page 12
The three big seafood companies, Mamha Nichiro Holdings, Nippon Suisan (Nissui)
and Kyokuyo, which were formerly the main commercial whaling companies, have
revealed that they won't re-enter the business evenifthe moratorium on commercial
whaling is lifted. Commercial whaling activities have been frozen since a
determination made by the International Whaling Commission (IWC) in 1986. While
the Japan Fisheries Agency is seeking the removal of the moratorium, this is out of
step with the intentions of these companies .
The back-drop is strong opposition by environmental groups in Europe and North
America. To quote Nissui company director Mr Kunihiko Koike: "As a company
involved in the sale of fish throughout the world there is nothing to be gained from
involvement with whaling". At the time commercial activities were frozen the share
of sales held by commercial whaling had fallen to a level below I%. Even were they
tore-enter the market they don't see any future demand. Nissui executive director,
Mr Yasuhisa Sato, maintains that " Those people who used to eat it a long time ago
might have some nostalgic feelings about it, but I think they prefer other meat", and
Kyokuyo executive director Mr Hisaki Tada asserts that "Young people don't eat
whale meat". According to Maruha Nichi:ro Holdings director of operations, Seigo
Kawazoe, "A whaling vessel requires several billions of yen in investment ; the figures
don't stack up".
An official at the Far Seas Fisheries Division, Japan Fisheries Agency states that
"These are management decisions made by each of the companies . Our focus is on
the continuation of whaling technology, and we believe that the business would be
profitable."
Commercial whaling reached its peak in the sixties. With its decline the three big
fisheries companies consolidated their whaling divisions to form the current Tokyo
based Kyodo Senpaku. In 2006, the three companies completely withdrew from the
sector by transferring their shares in Kyodo Senpaku to five incorporated foundations
under the jurisdiction of the Ministry of Agriculture, Forestry and Fisheries. Kyodo
Senpaku conducts scientific whaling.
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353Annex 140: ‘“No On-selling of Whale Meat’: ICR Investigation Report.Allegations of
Unauthorised Removal of Whale Meat”,Asahi Shimbun, 19 July 2008
"'No On-selling of Whale Meat": ICR Investigat ion Report . Allegatio ns of
Unauth orised Removal of "Vhale Meat'
Source: AsahiShimbun , 19July 2008
Following allegations by the environmental NGO, Greenpeace Japan, that crew of the
research whaling vessels were taking home without permission the meat of whales captured
by the vessels, on 18 July, the Institute of Cetacean Research (ICR, Tokyo) and Kyodo
Senpaku (Tokyo)reported to the Japan Fisheries Agency the results of their investigation into
the matter. The investigation concluded that the whale meat that the crew took home was
distributedto the crew as home-coming gifts and that it was not being sold on to restaurants.
The ICR stated that while the ICR owned the whale meat from the catch, Kyodo Senpaku had
distributed 8kg of salted unesu and 1.6 kg of red meat to each of the 215 crew and 26 ICR
research officers to take home as gifts when they disembarked .
Because Kyodo Senpaku paid the costs of the gifted meat to the ICR, the ICR and Kyodo
Senpaku view the practice of home-coming gifts as being "conducted fairly and
appropriately" and intend to continue the practice. However, as the meat which had been
provided to theICR's research officers was provided without any such payment, the ICR will
cease the practicef research officers accepting these gifts.
All crewmembers and research officers were interviewed, and although some members said
that they gave their allocation others because they did not need it themselves, every person
denied selling the meat on to third patties.
Greenpeace Japan has criticised the reportof the investigation as "nothing but a cover-up."
A.former crewmember has also given further statements to the Asahi Shirnbun that whale
meat was being taken home over and above the coming-home gifts.
354~,:}S~ ----
<m87. .19
355Annex 141: K Oyamada, “Sluggish Demand and Protests Encourage First Cut to
Scientific Whaling Target (Corrected copy)”,Asahi Shimbun,
13 November 2008 (morning edition), 1
'Sluggish Demand and Protests Encourage First Cut to Scientific Whaling
Target (Corrected copy)'
By Kenji Oyamada
Source: Asahi Shimbun, 13 November 2008 (morning edition), page 1
On 12 November, it was announced that the target for the government's scientific
whaling catch will be cut for the first time. The Antarctic Ocean whaling target for
the next season's fleet, which will soon depart, willbe cut by about 20% to around
750 whales, while the overall decrease for the full year will be about 10%. While
there has been a trendfor actual catch numbers to fall below the target, this is the first
time, since the commencement of scientific whaling in 1987, that the target itself has
been cut. The activities of anti-whaling group activities and sluggish demand for
whalemeatfeatured in the decision.
Japan's scientific whaling is conducted under the International Convention for the
Regulation of Whaling in two regions, the Antarctic Ocean and the north-west of the
Pacific Ocean. The current annual whaling target is about 1,300 whales. The main
effortis the scientific whaling conducted in the Antarctic Ocean from autumn to
spring where the target is 850 Antarctic minke whales and 50 fin whales. Of this
target, the government recently decided to reduce the number of Antarctic minke
whales to 700.
Japan's scientific whaling, which has seen an annual expansion of its targets, is now
facing a turning point. The backdrop to this is the escalated obstructionist activities
by American anti-whaling groups, which include hurling bottles containing chemicals
at the research vessels during their research in tl1eAntarctic Ocean. From this and
other effects the catch in the Antarctic Ocean last season was 551 whales, 60% ofthe
target. There has also been consistent criticism of the Japanese Government's
position from Australia and European countries.
The sluggish demand for whale meat has also forced the Government's hand.
Although there is some structural resistance to lowering catch targets since the
proceeds from the sale of whale meat, annually ¥5-7 billion, are used to finance
scientific whaling, the gap between the supply of whale meat from scientific whaling
and sluggish domestic demand has presented a serious problem.
(Correction)
The 13 November copy ''First Cut to Scientific Whaling Target" incorrectly stated
that ''thetarget for the governn1ent's scientific whaling will be cut for the first time".
The article's statement thatit has "been decided to reduce the number of Antarctic
minke whales to 700" from 850 was not the number decided by the Government but
was one of the estimate values used to calculate the level of annual catch in the
Antarctic Ocean required to keep the scientific whaling operation fmancially viable .
We have corrected this and apologise for the error.
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357Annex 142: “IWC: Last Chance for Normalisation. Three Whaling Organisation
Chiefs”,Seafood Sector Journal, 1490 (March 2009) 26
'IWC: Last Chance for Normalisation. Three Whaling Organisation Chiefs'
Source: Seafood Sector Journal ('Suisankai') 1490 (March 2009) pages 26-28
[26] On 19 January, Minoru Morimoto, Director-General , Institute of Cetacean Research
(ICR), Kazuo Yamamura, President, Kyodo Senpaku, and Keiichi Nakajima, Chairman,
Japan Whaling Association, held a joint press conference at the ICR at which they
commented on the obstruction of research by environmental groups, the state of whale meat
sales, and approaches to dealing with the IWC and promotional activities.
Director-General Morimoto
The second stage research in the Antarctic was suspended for 31 days due to obstruction by
the Greenpeace and Sea Shepherd organisations. This has limited the catch to 55 Antarctic
minke whales [TN: in total, Japan caught 679 whales in the 2008-09 under JARPA II].
The research that commenced in November last year has also been confronted by the Steve
Irwin vessel which belongs to the Sea Shepherd organisation.
We are receiving support from the Government and the Diet for the avoidance measures it is
taking with regard to the ongoing obstruction of the cetacean capture program by the
environmental organisations. We have, of course, also started strengthening its procedures
and equipment. While difficulties are still envisaged in the future, we intend to continue the
research without being defeated by illegal obstructive activities.
In respect of the IWC, two meetings focused on normalisation of the IWC have been held
following the agreement at the Santiago Annual Meeting, and a third has been scheduled to
be held in Rome in March. While it cannot be predicted as to whether a package agreement
willbe reached, this will be the last chance for normalisation of the IWC and we appreciate
the effortsf the relevant government officials.
Our duty is the collection of scientifically corroborative data such that whaling can be
resumed pursuant to the Convention, and we will fulfil this duty.
President Yamamura
The reason that Sea Shepherd conducts obstructive activities is to attract funding through the
broadcasting of images of their activities. To date, the Sea Shepherd's activities have been
located mainly in Australia, which has had a boom economy, and so we will keep a watch on
the impact of Australia having [27] shifted into recession.
Due to the reduced number of whales due to obstruction activities as well as the sudden spike
in fuel prices, Kyodo Senpaku is facing difficult conditions, and so we are presently
advancing a business improvement plan. We have reduced our office space by 45%,
decreased directors' remuneration and are now reviewing the number of research vessels that
we operate. Were fuel prices to continue to fall as they have been, this would provide us with
a favourable tail wind, if not a kamikaze [TN: lit: divine wind].
358Whale meat sales were healthy fm·the (irst half of last year and inventories were substant iaUy
reduced to the e.xtent tbnt there was a shot1age of tshirote-mono cut Since autumn,
however, salo::sha:vo::sharply declined. Looking ahead, sales of red meaL;,'''hich competes
with tuna -andothet fish species, are likelto struggle. Developing a responsive sales
strategy for whale meat difficulbecause whale meat prices are aJioweto be revised only
once a year and be1usethen: isa general rule of flxeclprice sales. We cannot, however, just
complain about the situation. We have the features of c-onsistently stable prod uction amounts
and prices. We will promote whale meal in a way that assures consumers U1alit is a sale and
healthy ingredietttIn the case of ted whale meat, this is usuaUy sold as a commercia l
ingredient for sashimi as ite~pens iovwe,will propose new ways of consuming itand
look at whether the red meat price can be separately reviewe d. We understand that some
local regions hae thecustom of eating whale onsetsubun,the end-of-winter holiday. We
intend touscthis to expand consumption just as the nori seaweed industry turned the Kansai
region's ehO-makisushi-roll [TN: which uses nori seaweed Lowrap tl1e sushi-rolls and is
eaten atsetsubun into a national custom.
President Nakajima
IWC : While work towards the normalisation of thIWC is advancing under the guidance of
Chair Hogarth, thiismerely an attempt to pmcecd on the terms originally spelled out in the
IWC Convention. Given the significant distance [28] between thsutaina- busecoun:lrit:s
and the anti-whaling countries tl1c drafting ofmuh~a yJacceptable packag e agreement.
proposal will not be easy. There sixmonths until the Made.ira Annual Meeting. We hope
the proces ses will advance a way thaisline with genuine n01malisation.
Association Activitie s:his year we will continue activitito adv;mce umkrs tanding of
whaling and spread whale cuisine. We will contim,te activities , U1ewhale cuisine culture
meetings featuring Professor Takeo Koizumi , the whale cuisine seminars at Yukio Hattori 's
school fof chefs, <mdassist the whexpert outreach programs cnn·ied out by the Institute of
Cetacean ReseaJ·ch.We will participatiuuniversity festjv als as part of our strategy to target
the younger generatio n, and we will respond proactively lo requests fi·om women·s
universities, fisheriigh schools and union schools.
359 Oli6fi!l:/-7-i":/3-=*:l'imlfl
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363Annex 143: H Sugimoto, “Interview/ Masayuki Komatsu: Commercial whaling could be
sustainably resumed”,Asahi Shimbun, 31 May 2010
<http://www.asahi.com/english/TKY201005300214.html> on 9 March 2011
s::.~h.o~Jll-15f ;mfntvJw/MasayukiKomatsu:ComrcialwhcdlngcoPage 1uf6
Interview/ Masayuki Komatsu:
Commercial whaling could be
sustainably resumed
6Y HIROAKI SUGIMOTOTHEASAHISHIMBUN
20 10/ 05/31 Share A.r: ;'{.ljfilPrint•
When the International Whaling Commission (IWC) meets for a
general assembly In June, It Is set to discuss proposals to
Further cut down on whale catches. While Japan stopped
commerd al whaling in the face of strong opposition by anti
whaling countries, Masayukl Komatsu, a former senior official of
the Fisheries Agency who represented Japar>in past IWC
negotiatio ns, urges Japan to act on scientific data In the
negotiatio ns.also argues that Japanshould IncreaseIts
catches to supply whale meat at lower market prices. Excerpts
from an Interview with The Asahl Shimbun follow:
•• X
Question: ASof last year-en<!,as mucn as 4,000 tons of wnale
meat was In stock.t appears consumers are tuming the other
way. Why aren't they buying whale meat?
Answer: Themeat does not sell because It is expensive and of
poor quality. When you look at whale meat sold In the market,
you notice a red,ood-likjuice oozing from it. The juice that
makes the meat tasty drained because cell membranes were
broken when the meat was frozen. This is because the
temperature can only be lowered to 30 degrees below zero on
whalingships. Since tuna Is quick-frozen to minus 70 degrees,
cell membranes remain Intact. In whallng, too, new ships
should be built so that the meat can be quick-frozen for better
quality. I am sure it would drastically change the awareness of
hUo:llw.asah nic.cuhfKY20IOOS30021.h4tml 13/04/2011
364 -shi.com t ~IJ;fliltH:)htim•lew/ MasayukfKomatsu: Comme-r<:fh.ing co...PJgt'-1Ql (,
consumel'5. Whale meat could be used as a sushi Ingredient in
placeof tuna.
To begin with, current whaling Is aiiT'edat scientifically studying
the rise and fallor whale populations, sexes and age and
dlstribu ~fogroups. This Is called research whaling. The
whale meat on the market Is a oy·product of such research. But
that does not justi fy the poor quality of meat on the market.
When the number of catches is Increased, costs can be lowered
and tasty whale meat can be supplied at lower prices.
Q: Isn't Japan catching whales to sell the meat?
A: The purpose of ongoing research whaling Is to gather
scientific data sothat commercial whaling can be resumed, The
right to conduct research whaling Is recognized Under an
Internatio nal tre.aty. The convention also recognizes the sale of
meat from captured whales.
Q: There Is strong internationa l criticism against whaling. How
has Japan been presenti ng its case at the IWC?
A: For one thing, It has been maintaining that whales should be
used as a sustainable source of food based on scientific
findings.It also stands by the basic stance that food cultures
that differ by region should be respected.
The IWC has been tackling the Improvement of methods to
control resources based on reflection that whale populations
drastically declined as a result of past over·hunt lng. Japan had
provided two research-sighting ships for a project to look Into
the population of mlnke whales in the Antarctic Ocean every
year from December to February for 12 years. Researchersof
the IWC's Scientific Committee were also on board the vessels.
As a result, the Sclentlftc Committee concluded In 1990 that
some 760 ,000 mlnke whales were alive. Such research
continues to this day. The committee is expected to re<:onflrm
the current population at between 460 ,000 and 690,000 .
hnp:IIIY\Y\Vmi.comlogiW>fi'KV20I005l0fl214.hlmi 13AW2011
365 -ashi,::nl~JIfiHIU : l)c-rive~hl)5kiKtJm-tsu:t'ucrdaJwhallug_co.P3gl.urn
Q: Do you mean there are enough mlnke whales to resume
commercial whaling'
A: The IWC calculates quotas for catches based on such
scientific data as current populations and past catches. In the
case of mlnke whales, as o1992,the annual quota had been
calculatedat 2,000 , accounting for 0.26 percent of the total
population. The breeding rate or whales Is estimat4d at
percent and there Is no chance the minke whales would go
extinct with such a quota on catches. Still, anti-whaling
countries are opposed to commercial whaling and there are no
prospectsfor Its resumption.
Q: Why are anti-whaling countries opposed to a resumption
despite the backing of scientific data?
A: The Japaneseside also has problems. What surprisme
when I started taking part in the negotiations In the Scientific
Committee was that Japanese researchers remained silent
throughout the complicated discussions because they couldn't
follow what was being discussed In English. If you do not speak
out,you Will lose. To overcome the problem, I Invited experts
from South Africa and Norway and organized study sessions
with domestic researchers to revise the basic plan for Japan's
research whaling.
Q: In February, the IWC released a draft plan by its chairman
to set caps on catches by whale species and regions to cut
down on the number of overall catches. The proposed plan
makes no distinction between research and commerdal whaling
withor without objection and calls for the IWC to
comprehensively control catches. April, the proposal was
revised to require Japan to halve t.he catch under the research
whaling to about 400 In five years and halve It again to about
200 in the following five years. Member nations hope to agree
on the proposal at the annual commission meeting to be held In
June. Some Japaneseofficials also support it. What do you
think?
1\Up:/(\....ru.cl n•lishYlOI005300241.hlrnl 13~W21 0i
366 usai.com (~~tt3JiUH-t1:)lutl!'r/Ma saukiKoma1su·Conuncrcialwhalineo... Pugc-lo~'
A: It poses a big problem. The TWCIs only authorized to make
decisions on commercial whaling witll no objection. Researcll
whaling is a right authorized by an International treaty. Allowing
theTWC to comprehensively control catches constitutes the
abandonment of Japan's right to research whanng. Moreover,
the resum ption of commercial whaling that Japan has called for
would also be shelved. We cannot provide a proper explanation
toCaribbean and African countries that have been supporting
us.
To b!!9ln with, since mlnke whale resources In the Antarctic
Ocean are abundant, there Is no reason to reduce catches, We
must honor the principle that debates should be based on
scientific data.f we Ignore that principle, decisions would be
made arbitrarily. In IWC meetings, Japan has consistently
insisted that debates should be based on scientific findings.
Japan must stick toIts basic posrtron that It will call for
resumption of commercial whaling through discussion supported
by scientific data.
Q: But Japan's actual minke whale catches are signlllcantly
smaller than plan ned. The situation seems to make Japan's
argument less persuasive. What do you think?
A: It Isa problem, According to plans, Japan was supposed to
catch up to 935 mlnke whales in the Antarctic Ocean, but
actually It caught only506 In tlsca2009. This Is because of
sluggish sales of whale meat. Since It Is unpopular with
consumers, In an effort to cover whaling costs, Japan reduced
the number of catches to maintain prices at high levels. As a
result, the expensive meat does not self. It asvicious circle.
Whaling countries such as Norway and Iceland are boosting
catches. Japan, too, should shiftItspolicy and Increase catches
to supply cheap and tasty whale meat at the risk of price
collapse.
Q: Since fewer Japanese consumers are eating whale meat,
why should Japan stick to whaling at the cost of International
bashing?
hup://\\W.liSOromf<ngli>llrrKY20IOOJ)OlJ4.hlml IJIIWl!ll l
367 uMhic.ol11lMII ~U'd U1 InterviewMl\.'li'iKomatsu:C(1m-mcrciblwhaling en.... l5 of6
A: It Is unreasonable to Impose a ban on using resources that
ca11be used in a sustainable way, We rely on livestock as a
main source of animal protein. But we need huge quantities of
on to produce the cnemlcal fertilizers used to grow the grains
that will become feed for cattle. Uvestock farming needs a
massive amount of water and It also produces waste.
Meanwh ile, whales sustain themselves In the ocean. Making
better use of tnem will reduce our dependence on livestock.
I wish to stress once again the importance of advancing
discussions and making dedslons based on scientific data. In
that sense, the decision concerning the bluefln tuna was
regrettab l. When the conference of the parties to the
Washington Treaty (Convention on Inte rnationalTrade In
Endangered Species of Wild Fauna and Flora) met In March, It
rejected a proposal to ban international trade of the Atlantlc
bluenn tuna with the objections of Japan and other countries.
But lbelieve Japan should have cooperated with the European
Union and the Unlte.d States to strengt hen the regulatio n.
Generally speaking, whale resources are abundant although
there are differences among species. Wh ile the mlnke whale has
a green light above It, the fin whale has a yellow light, for
example. But a red light Is nashlng over the bluefin tuna, whose
populations have dwindled as a result of overfishlng.
Banning the bluefln tuna trade may appear disadvantageous to
Japan rn the short term, but If we develop policy based on
sc:lentlflc grounds, we can win trust of the International
commun ity in the end. The prfndple of sustainable use also
applies to abundant whales.
• a •
Masayuki Komatsu is a former Fisheries Agency section chief
who was known as a tough negotiator when he represented
Japan In IWC negotiations from 1991 to 2004 . He quit the
agency In 2007 and became professor of ocean and marine
hllp://ww.asuhi.CIUI<11J!Ihif$r KIHISJ()()Z14.hlml 13/0.11II
368a.~hi. (coJJfiUtt)~ lmcn.,/ Massyuki Koma&u<t1ne:rwlhalico...Pag.6of6
resource pelicy at the National Graduate Institute for Polley
Studies in 2008.
hnp:""~.vas.coicnglihfKY201005300214.html 13/0ol/2011
369Annex 144: “Vows to Fight the Good Fight at IWC Meeting”,Minato Shimbun,
24 May 2010, 3
·Vows to Fight the Good Fight at IWC Meeting'
Source: .Minato Sllimbun, 24 May 2010, page 3
600 Guests Band Together al Event .forihe Prolet·tion of Whaling Tradition and Culinary;
Culture.
The Society for tl1e Pmtection of Whale Culinary Culture {Chairman: Takeo Koizumi,
Professor Emt:ritus,okyo University o·f Agriculture) held its 22" Event fm the Prott=dion of
Whaling Tradition and C'linary Culture on 20 May. The 600 guests included Diet Members
11·omall sides of the political arena. '11teevent was held to affmn the solidarity of aU
concerned parties in the lead-up to theTn.temationai aling Commission Annual Meeting in
Morocco in June. Minister for Agriculture. For<:.'ltryand Fisheries HirotakAkamat~u
repo1ted, "U1e Japat1Fisheries Agency is discussing thi~su fimly with the anti-whaling
United States." With so many opposing positions in the IWC, the lVlinister declared
vigorously, ·'Wewant to resume whaling with the understanding of all nations, so that whale
resou1'Cesan beutjjised in a susiainable and effective manner."
Society Chairman Takeo Koizumi reported on the results of an opttlton survey that an
A.mericartresearch company conducted in anti-whaling countries, revealing., "71% of people
in the United States, 52% in France and 60% in Australia support whaling." He spoke of his
zeal towards the resuntptiotl of whaling, saying, "lf we assett the legitimacy of whaling, we
willbe certain to acbiew our goal. The only foods in which Japan is 100% self-sufltc ient are
rice and whale [meat]. \Ve want toboo~ our whale-related culture and foster it for the next
generation."
Diet Member Tadamasa Kodaira, Chairman of the Democratic Party of Japan's Whaling
Response Diet Members Council, criticised the obstructive actions of the anti-whaling group
Sea Shepherd, saying,''111eyare ntlu·entto Japan's traditional whale-related culture.') Noting
that the reduction of whale catch limits would be a major topic at the upcoming IWC Annual
Meeting, he sought· the cooperation of everyone attending the function to "continue our
efforts (towards the resumption of whaling) going forward. so we may bequeatl1 Ja'J>a's
wonderfu lculinary culture to our descemlants."
Diet Member Yasukazu Hamada, Chairman of the Liberal Democratic Patty's Whaling Diet
Members League. pointed out the importance of the sustainable use of whales based on
scientific evidence built up by the TWC. He stressed, "Japan will capture whales under
proper tnanagement. Working bard for the resumption of cotrunercial whaling is Japan's
slogan."
Other Diet Members at the lunctjon pointed out the dilli::rences in culinary culture. Komeito
Diet Member Hiroyoshi Nishi said, 'Trying to correct the culinary culture of whale meat is a
maucr of cultural difl:crences." Democratic Socialist Pmty Diet Member Hidco Yoshiizumi
said,'Each country has its own culinary culture, like Australi<mseating kangaroo meat. '
Japanese Communist Party Dietmemher Tomoko Kami emphasised, ·surely it is acceptable
to eat whale where there is .scientificevidence t1Hltthe resources can be secured.'
The event featured cui!line fi·omwhale meat specialists from around the country, including
Tokuya andNeboke [fN: restaurantsj, and Maruho and Shitamich.i Suisan LTN: whale meat
370processed foods manufacturcrsGuests enjoyed whale bacon. lwrihari udon noodles,
saezuri [TN: whale tongue] invinegared lniso sauce. sarashi-la!fira [TN: saJted tail meat that
has been covered in boiling water then cooled in cold wat·hikatsu [TN: breaded
whalemeat shish k.ebahsJ and other dishes, reaffirming the importance of the whale culinary
culture. 'Tite toast was given by Ute Society's Deputy Cltairmat1, rakugo petfonnc r
I1ayashiya Kikuou, who said thatnted to lead anti-whaling nation Turkey (to which he
has traveled on holiday) towards supp01tof whaling, and treated the gathering to his whale
jokeITN:play on wordofJapan~ena memfbark whale; translation omitted] that has
become a standard feature of the annual event.
371372Annex 145: “Reaffirmation of Whale Meat Culinary Culture”,Suisan-Keizai,
24 May 2010, 6
'Reaffirmat ion of Whale Mea t Culinary Cultu re'
Source: Suisan-Ke 24 Maa~ 2010, page 6
Event for the Protection of Whaling Tradition and Cu/inar.JtlCulture held in lead-up toJWC
Amwal A1eeting.
1l1eTi'd Event for UteProtection of Wltaling Tradition and Culinary Culture was held at the
K.cnsei Kitten KaikaittN•lgata-cbo , Toh.01120 May. The function was attended by many
Diet Members who arc part of a very well-organised coope rative mechani sm in the Diet,
representing all political parties, from the DemocraticParty of Japan to the Japanese
Communis t Party , and inc.Juding Minister for Agricultur e, forestry and fisheries, Ilirotaka
Akmnats u. They reaffirmed Japan 's Cltlture of eating wlHt.leand the importance of scientific
management. before enjoying whale cuisine.
The event, which is held every year prior to the AnMc~eti ofghe lntemational Whaling
Commission, features whale cuisine from rest.1urants hom around the country that serve
whale. As well as taking a fi·csh look at LJapan'sj whale-related culture, it aims to cheel' on
the Japanese Government delegation to the IWC. Thjs yea r, approximately 600 guests from
all over Japan attced the function.
In his remarks at thestart of the event.. Tadamasa Kodaira, Chairman of the Democratic Party
of Japan 's Whaling Response Diet MemberS Council. said, ''The [IWC] Chair has put
forward a proposa l for the downsizing of whaling, but Japan will not lower its banner of
whaJe-related culture. Let's all engage in retaining oinary culture.'' Yasukazu Hamada,
Chairm:m of the Liberal Democratic Party Whaling Diet Members League, also exl?ressed
words of eucom·agement. saying . "Japan 's position towas whaling is one of the proper
management and utilisation of resources .We should push our position through without
breaking down the negotiations that we have built up to dnte.'' M inister Akamatsu also said,
"We want to pursue the management and utilisation of wlhale resourceincooperation \ilith
othercountries."
Takeo Koizumi , Chairman of the Society for the Protectio·n of Whale Culinary Culture, said_,
''It is itnportant to assert the legititnacy of eating whale; this will be certain to lead to the
resumption of commercial whaling."
Rakugo petfo rmer Hayashiya Kikuou 11roposed the toast.. after which the guest-; enjoyed
wbaJe cuisine suchas harihari udon noodles , wh;lle sashimj, whale karaage [TN: deep fried
whale],saezw·i [TN: wh11letongue] in cltilli vinegmiso sauce, and whale steak.
373374Annex 146: “Whaling Issue Petitions”, Nikkan Suisan Keizai Shimbun,
10 June 2010, 3
'Wh1llinl5SuPetition s'
Source: Niklum Suisan Keizai Shimbun, 10June 2010, page 3
Wha ling IssuPetition (1)
8 June 200
Mr Minoru Morimoto, Director-General , the Institute oFC'etaceanRec;earch
Mr Kazuo Yamamura. President, Kyodo Sc.mpakuKabushiki K11isha
tvlKeiichiNak<~j,iPrasident, Jap<mWhaling Association
1\ltr Yoshikazu Shjmomichi , Chait1nan, .l:lpanSmall-'l'ypcCoasta l WlHIIing A!lsociatiml
We wish to note our deepest appreciation with regard to ll1e special consideration given to the
whaling problem.
As slated ine introduction. the cetacean caplurc research being undertaken in the Antarctic
Ocean have seen the ships and crewmembers of Japan's survey fleet exposed to dangerous
hazards due to the obstruchonist activities conducted e ;mti-whaling group Sea
She-pherd, which have compris~xrtcmclserious terrorist :mmiinal actions that have
gro\.\>'tlincreasisevere over the years. and. meanwhile. capturenumbers have
substantially declined, and. forreasons. the implementat ion of the research is currently
faced with serioullimpediments .
During the period that these events have oceurrcxl. U1t:lnternational Whaling Commission
(1\VC)has held discussions with tltc aim of reaching au agreement at the l\\ 'C Annual
Meeting tllis year on the "futureIWC~thand, recently, the proposal put forward by the
lWC Chairman was presented for discussion.
With regard to the Chainnan 's proposal, we aptho~e.ognition wht ligquotas for
Japanese coastal whaling. which we have desired for a prolonged period. On IJ1eother hand,
with regard to research whaling, we note that the catch targets for Antarctic minkes, which
the Japanese Government has cun·ently set al 850 l/- I0% a year, would be reduced
substantially in stages, to 400 whales a yea!"over a five year period $tarting from the end of
this year, and then to 200 whales a year, during a subsequent five year period. In addition,
the quota fooffhoercaptures in the n01thern Pacitic Ocean for minkes, R11'de's, seis and
~perm w ould be reduced lo half or lt:ss than the cum:nt quotas.
lt is our assessment lhc continuation of cetacc:m research would be extremely difticult ,
under U1eexisting administrative framework, were the capture quotas to be set in accordance
with U1cproposal by the Chairman recently put forw3J'd for discussion. Further. we believe
that the quota presently recommended in the Chairman 's proposal for the coasta l capture of
minkes would be insufficient for both the stability of business operations of the small-l)'l>e
whalers 11ndalso to make a contribution to local <~ndietnry lifestyles.
We respectfuly request your kind consideration to instructing the implementation of the
countermeasures listed below to protect Japan·s w.ditions and culture. to ensure the
sustainable use of cetacean stocks, to seek the resumption of commercial whaling. and to
375 respond to the expectations of the foreign counlis which are supportive of Japan·s whaling
policy:
1. To negotiate persistently ahead of the upcoming IWC Annual Meeting with regard to
Japan's coastal whaling with a view to resuming whaling with a capture quota that is of an
;1pproprial'camount, and. widt regard to Antarctic Ocean and northem Pacific Ocean ot1Shore
research whaling, to secure quota amounts whid1 can produce menningful scientific results.
2. From the next fiScalyear and onwards, to put in place all of the cowttenneasures required
to establish safety, including the cessation of the obstructive aclivities conducted repeatedly
each year by tl1e anti-whaling groups, and the securing of eftective cooperation from the
relevant countries.
.3.To provide support to enable the continued steady implementation of whale research hy
undertaking a review of the cw1·eut administrative frameworks for sutvey whaling which
have now been placed in a severe situation due to the impact of the damage caused by the Sea
Shepherd.
Whaling lssue Petition (2)
8 Jum:2010
1virYoji Pujisawa, Chairman, All Japan Seamtln'sUnion
The m:1licious and ex1remely dangerous pirate-like obstructive activities which are being
can1eclout against t1tesu1vey whaling being implemented in the Southem Ocean by the anti
whaling &rroupSea Shepherd are escalating in intensity each year, and have reached a level
where they present a real risk of personal injury.
The <.n:wmembers ami ships employed in sutvey whaling in UteSouthern Ocean have been
exposed to extremely dangerous situations due to the above obstructive activity, and the
continuously present risk of a major marine accident or physicair~j imserving to obs111ct
survey whaling operations.
1t is unclear what response ought to be made itt tl1e event that crewmembers of the
obstructing ships were to become injured due to Ute defensive measures practiced by
[whaling] fleet erewmt:mhers. On occasion, there is potential for fleet crewmembt:rs to be
unilaterally critjcisccl by the intomational community :utd defcttsivc countemteasurcs exceed
thosetl1atwould be practiced normally by crewmembets, who are t'eguJru·private citizens.
Witlt regard to this situation, we would be grateful for t1e 1 dispatch by the Jnpanese
Government of a Coast Guard patrol vessel to secure .the safely of the crewmembers and
ships w1iichwill travel to the whaling grounds this antunm. We request that at the 62"dlWC
Annual Meeting, a pro1Josal is put forward seeking t1e t imme<liate tennination of the
dangerous obstructive activities which are conducted by the Sea Shepherd and other anti
whaling groups, and effective responses by the countries involved.
Should discussions be advanced at the Annual Meeting in line wit11the proposal put forward
by the Chairman and Deputy Chaim1an. we are conce.rned about the emergence of major
376employment problems following the reduction in stages of the captu re quota. ft is obvious
that the anti-whaling countties are cohtr iving to set as zero the Southern Ocean capture quota
in ten years Lime. aft.er Japan has reduced U1enumbers in stages. We dem;md that the
negotjations are not simply handed to the govetmnent ofticials and that 110 easy compromises
are made. We will never forget the erewmembe rs who lost both access to stocks and income
as a result of Japan 's accepting the cessation of Southem Ocean commercial whalin g in
return for the maintenance of northern Pacific Jishing operations.
TI1eaim should be the resumption of commercial whaling through negotiating persisten£1y for
1-e resumptio n of coastal whaling and, in the case of Antarctic Ocean and northet11 Pacific
Ocea n survey whali ng, to secure capture quotas at the cw'fcnt levels to collect adequate
scientific data while protec.ting sustainilble use of cetacean resources based on scientific
grounds iintwhaling 's traditional CUlture,which ;1reJapan's basic prinCiples.
The survey whalin g administrative framework has been driven into a severe situation due to
the reduction of operating days following the Sea Shepherd's obstmctive activities .By
contin uing survey whaling. and seeking the resumption of commercia l whaling. ships of <1
certain scale must be secured to captu re the number of whales needed to ol1tainscientif'icaUy
accurate data. In order to build an admini strat ive ti·amework where stab le su1vey whaling
can he continued, we strong ly urge national governme nt support and the securing of fleet ship
numb ers. including the bwlding of a new factory ship.
377 tftiJM"":,-(J)~'ffl)o
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379 Annex 147: “Whale Meat Consumption – One Third of Horse Meat”,
Sankei Shimbun, 27 June 2010, 25
'Whale Meat Consumption- One Third of Horse Meat'
Source: Sankei Shimhun, 27 June 2010, page 25
Whale meat, which once sustained Japan through food shortages after the Second World War,
has now been reduced to very small quantities distributed as the by-product of research
whaling following the withdrawal from commercial whaling. According to the Ministry of
Agriculture, Forestry and Fisheries (MAFF), Japan's annual domestic consumption is 4-5,000
tonnes. This is one third the consumption of horse meat, and even less than that of herring
roe.
A MAFF official said that "You cannot say that it's not our dietary cultureust because the
amounts are limited. As long as there are people who say they want to eat it and wanttodo
whaling, MAFF will endeavour to put in place the right environment."
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381Annex 148: Transcript:Australian Broadcasting Corporation Television, “Former
Japanese fisheries boss joins Lateline”,Lateline, 17 June 2010 at
<http://www.abc.net.au/lateline/content/2010/s2930193.htm> on 9 March 2011
Latelinc• 17/061201:0FonneJapaJ f~hersi~boss ~jl,nl,dine
FormeJ rapanese fisheries bossjoinsLateline
Austr14iBro&dcastlnq Corpor•tlo n
8roadcast: 11/06/2010
Re.JH)rter: Tony lo ne'
Transcript
rONY lO~ES P.E;SENTE; And eafller we were jOI!"'edby Mosavuk l Komatsu, thet.nemer chief of
J•Pbhe$t fiSheries .Awho's-In the pfamany years represented Japan fn IWC negotlaUOf1t .
MASAYUKIKOt-\ATSU:Thanll. you Very to-nv1ting me.
TOtl't' lO NES: WOvoubelieve.w111happen atTnrernot1!Whol!ng Cornm l0!1meeting Jn
MorocconeJC.etla
MASII.YUK!KOMATSU,fO RMEROiltFJAPANESE f'ISHERJEAGENCY~I don't Wink _,nythJng happens
b«:aM$e,ou know, th.erc art' wide£ g4p~m~mongnebons-.
TONY JONeS:The &rltlsh otwSPl'Per the Suf\CiayTltPe& httsuwest1gavon of vote buying at
the International Whali119Commission , It alle9es that Japan hIn c>atyno money dlrectty to
dek!gatefromsmall nat•ownat Cfyou say to that?
MASAYUKJ KOMATSU: 1 think tiwas made by repottpe.~ s'Idisgul.$ed himselrto ask. you
know, member natiOns If It'S probaOlYCOMueted. I tn!nlt 3 s.t1n-ves~tdofurth-eratf
ltl.ot IS. yO'tNth,1 think IWC must conduct some serious mvestlgaaon for sucn a c.ondiJct,
NOCon ly 01.1crount ry berng, y()UknQw, ownOllled at1e9atotbrtbery but tt should be taken
bttelt bcfwe a mOf'"atolrum. There are plenty of rumou r at that time that vote buying t>y tne anU·wl'laling
nat:ton has bcondu~ed ld by, you .;now, NGOs and the US Md other anti, you know. whallna nations
IMt SIOntflantnff1.1c:noe1d1\eadoption or tfte montblrtum . I tntnlr(all ol those sttould be lnvts Ugared
fully.
TONY JON~S:Wen! vou aware vo~ebuying M dld you help buy the vO(es or delegates whe" you
represented J n at the JWO
MASAYUKI KOMArs~u Ho, as tar as I know that th ere ts no bribe ry conductedbt!e11te buYif1911M
CDI'Iduaeo .
TONYJONES: One Cle!e. t:aHead or Flshenes-ln GumeatolneY~~srp taateapl!paysm!IUons
In aid to his country but it atsc>pays the bills ftr~el,for tt!e:!r l'!otd s. ror ttlt'!r meols
111ll grv~ endc:tl!gaUOO tday In spending money,
MASAVUK.f KOMATSU; t~nkth{)t .sory~ol(r),comment •nd anv conduct being. you know,
conduaed by tl\e, you tcnootIntervieW should be lnves1;19i\tedand Ot~now.tWC 111Uit
el<etose lnJgatlon M.,c::o~o.or tl1e., yOUknow, conduct being conducted curre11tly and 1n the past.
I th ink It's a good opforIWC to norma lise thosolthi ngs.
hnp://www.abc:ctJsull!ucline/cnti.IOfs29JO193.him 131114011
382 lateline · 17/06/2010: fomtC"rJapanesefisheriesbos$jOins Lotcline PQgc2 o(3
10N\' JONE-Sweu, If Japan •1 do!AQthl$, Im~1(mS tese p.:ayments, would you rc9"1"\as corrupt 7
MASAYVKI KOMATSU: ICf\tn.l<bertl'lthereshouklbl!investlgauobecause news.,a~ says that, you
kMw , that obtainment of tM information istmow, mede by the k:mdotpseudo or prdendm9, you
k~w fguys trytoCOntbctwith the rep resentGti've of a pa.rtlc,utarcountries . So I think: IJ'\atshould bP
lte~vtate ll"_.t
TONY)ONES: Okoy, let'mcwton, Oo you still say that mlnke Wf\a)es are the cocloiroac"Sea? the
MASAYUKI KOMATSU; I thonk what I me.,n by, what I meant by say1"9 so 1S that, you ktiQW,tt>t'<roa(h IS
plenty In Its number and also reproduCtiOn t$ very rap.d fnd blg that's why I, you know. Imitated (o tne
mink w~hales, relatto the mlnite whales. 1belielfe that there ate still,plet k~fl1h'll<ewnale
In the SOvther~an whliChoo·()(1e's temtwhich should be utilised and Investigated for the sc'enu(lc
reason and for the benelit of the au hu"lan being. paror the sake othtoeace,
TONYlONE$; Japanwants me Commi$Sionto lifthe Danon c:otnmtretwhaling , lntlucrnthl!
Southern Ocean atGUndArltarctJca,It lhappens Willu~a tnng an ~ndto your$0 eallto scientifiC
whaling?
MASAYUK IOMATSU! I ac-n'tinkso. I don' t think a Comm ission could make sucn, you Scnow, regal
actMty. Itthat shou ld be done I think, you know, It t;hOUidbe lnvtsbO&tf!<J al\d C"rc1uUy, yoo lcnow levied
wl\ether tt'S $CiN'ltlf!Cally and conveDPprot)r!atI doo't think that shOUld be cotl4~c!st lons
such act>on should be taken .
IONYJONES: In 2009 Japan set out to klll as many as 935 whales in Mtarcbc watersSouthern
Occ: bun according to your figures rt only killed S06trtot?Is
MASAYUKI KOMATSU: 1tfl lnk•t'because of the, you know, sebotage or tt.rrori$t-l •ke actiSeey by the
ShepnetO. lt 's tealty dtSU.n1)ede<tfltlty or resl!':&rchwhating ln the Soothernwereano such,here
you knov., terrorlst- ltke actw lty or .sabotage, l1ap1muMd a«l)(np11SI\ed entire misSJons-
TONYJONES: But I've reM are~n tnterview that vou dmdJePGnwhefC' you sayth~catch was lowered
oea.u'e Ofthe. sluggish S!or~M!e :eat _They noduce the calm to keep the prices h1gh, tsn'r that what
you :said?
MASAtYUKtKOMATSU: lth~l1tha\ 1$.!11$t0rue be'tOfthe:stagnatiOn of the sale'~.!h meat. Some
governmen t officer tned to think: that If reductiOn or the, yo1.11t:now,supply wou ld be down thot may lead
to a Ol!\~heprr~ or you itnow, thwh.t1m4tat,
1
TOfff JONES: Well, tN tJustsupply cmd demand, isn't It? lbat"'$ got totCfWltlSC~oti'ICe?
MASAVUKJ K0).1AiSU: I think yes, If ot,you know, tt~pood sunpy lind demand but I must sav
fMt ~yeo know, Artlclt- asJI'It or the Co.stlpuon ~htcenduQ"ot,you koow, SCIC:f'ltlfltret.eortn
actMtY but ilrtiElght, partgrapTWo, clearlY ment1onthat,you k/low, by •product should be hurtodred
and sold at the market of approptla le coJnt nesco~nlIn Japan.
roNY JONES: As you kt'low the Au$tni!Govemment 1s~Mrmio~ gotake-!~gaact !oo against Japan In the!
ln temabon.al Couot Justice stopthtSso·c~ adl'fleat,fwMI!ng Whot will)~p( loift\ustra lla wms
thatC11$el
M.ASAVUKIKOMAtSU: MaJn reason to rak1! yov kt10w I'Ke.tta01YitytoU\t ICJ,lnltem~l Cournof
1 1
hnp://www.ubcn .ct.nu/hnclindcontcnll2IO/s2930IQ3J\Lrn 131412011
383 ,:neline17/()(1/201formerJapanesefisherie-oss-oins LatdiQc.· Ptij_!e3ofJ
Justice,tosay tft&t. VOIJ1i'IOW J~eh~ellisnagcamm~ea ralaylt11ettbv rl's C:O'llr.trvto the
moratonum whiCAI.Ktr balle~verssrm, yOI.Ilo't()W'I,n efft<t .
l don~l"k hat ergumt!fcon.sUWl~my good rc.es.flrstlJaoans acti'Y1$fullrecognised \'tllc:t
permlttt'd und.,., Artldd.the convetluon whi-chIsing to ttte saent1ftc whaling . Secondfy, 1 rh+nl<
a morator ,um . ot valrd .tnymore under the Sltuatlo" where we have seen Dwt~e~,of mtnke
humpbacks and fin wM te In Southetn ocean 8$ Welottu o~.eaneve,-the world.
Thereby 1don't U)hJj{motJtoNum '' any more toffectl\le so that reason Austri!llla ana tne uugauon 1$not
dflymore v1flld.
TON''tO~ES 8ut tne Australians w•llmrthe court thAt you don\ nekJIIwt)ale$ ln or<'erco
stu<Sythem .
MASAYUKJ KO.~rs: uI keep sayito,\u~ra Uonetnmeot O!'ldNew ZealGovernm~ ynter~
fersure !a!VItY IS •I'K'ffiCtent to ootam tnc appropnatc level ~rtku~e you have no. In
biopsy sampling for the minlee whalestmMwhbltS SUChas, you know, f!n wha\!!ofthe wh.&!es
wtuct\lgrt)t6swiftly . Thereby your oonduct cootlstu f'( "h:nlll;round to etuctdate the
whale sdenctIn the Souchfil'J Ocean
TONY )ONES: WtUthiS~.s elirrel~t ttteensAustrah& and lapan.?
MASAVUKI KOMATSU; I thi n!,:!r dcpefliAustrfu aly underst whits"Plllidolng In tenns of
a .sdentffvouknow, teseatd1 sincerely~ttdeou fully understand what we are dOfng, 1don't ttllnk
R'.sreally nurt bllal':a:-rarlel.bl1ons.
&t whet w~ need to-sincere,open dlscu-sstons.lam lUcky e11oughU\et even though l was sort or
opponentof Aus1;al,'~" yV«tlcorntld tly ort~ Au-stra!lanpeoptf! because 1 believe mat ram cl
bil fra nk to you,
TONY JONES: l'tasayui<JKomawe•flhave vole~v yeu tnere . Wt. thltln%you very muc:hror ta.king ti'le
bme to )O.n us..
MASAYUKl KOMATSU; Thank_you so much, thank you for.~now ,!VinQ me-oooortunltY
lntp:flwww..:1b·.t.aul1i~/conteu Jt/s2JO193.htm 13/0412011
384Annex 149: AIdeta, “Feature: The Greenpeace Theft Trial”,Chunichi Shimbun,
26August 2010 (morning edition), 12 [excerpt translated]
'Feature : The Green peace Theft Trial'
By Ao ldeta
Source: Chunichi Shimbun, 26 August 2010 (morning edition), page 12 ['excerpt]
Former whalers testifY about "palaces" purchased with on-sold whale meat; high-priced cuts
taken home as "samples", monopolies by Japan Fisheries Agency affiliates, concerns about
subsidy-dependence, meat concealed in work-clothes and salted in cabins, and over-catch
thrown overboard.
The verdict for two employees of Greenpeace Japan, the environmental conservation group,
who have been charged with theft after allegedly stealing whale meat being distributed in
2008,is set to be handed down in the Aomori District Court on 6 September.
At the time, the two alleged that they had taken the whale meto use as items of evidence,
based on their suspicion that had been embezz led. When they were atTested, however, the
focus of attention shifted totally towards the question of whether they would be pardoned for
a crime if their intention had been to bring charges. Priorto the verdict, we are reconsiderin g
the incident.
The trigger for the alleged investiigation into the illegal actions"re~s:rch whale ship
crewmembers embezzling whale meat " was triggered by the accusation of an insider.
A former male crew member in his 50s responded to this newspaper 's request for an
interview and began the discussionas follows, ''It is common practice among fishers to set
aside the best fish for their families. In the case of the whaling, however, since it's taxpayers '
money being used to take the whales, I thought this was very highly irregular."
Each year in November, the whaling ships head off to the Antarctic Ocean. For half a year,
until the following April, between00 and 300 crewmember s are part of the fleet that pursues
minkes and other whales. Mter capturing the whales and completing th:research, which
includes taking various measurem<::n, the whales are dissected on the ships ' decks. The
crewmembers dissect the huge bodies from which white-coloured steam rises, and, after
taking the measurements,they separate the meat into different groups accordin g to the cuts,
and then freeze it.
According to the man, during this process veteran whalers give orders to "put aside the meat
from this part" and separate off some meat. The cut which is particularly high-quality is the
unesu cut (which is the stripe-patterne d cut between the whale's chin and its stomach) which
is processed into ''whale bacon". These cuts are repmtedly concealed in the crewmembers'
sleeves, takenack to their rooms a1rsalted.
"I was told that you could sell it for ¥10,000 to ¥15,000 per kilogram. Even then, that would
be about halfth e market price, and it would sell like hot cakes. Some men would take home
100 kilograms of it. There were ev,;:nmen who, I was told, had on-sold whale meat and built
themselves new houses or 'whale palaces' with the proceeds", he said. These cuts are,
reportedl, completely separate from the official meat gifts which are given to crewmembers
by the company when they finish the voyage.
385 The two Grecnj)Cace Japan employees who heard the rep0s from this man, took away from
adistribution centre in Aomori Prefectarcardboard box which they had followed as it was
sent home by courier by a et·cwmembc r of a scientific whaling ship had retumithome
p01t. Wl1at was in the box was 23.5 kilograms unes1w.hale meat. The Greenpeaee Japan
C111pyces used this as evidence of ct•ewmembers conunitting fraud, sathat"ifthiswere
anofficial present, it slwuld be fJozen, was actually at room tempenltnre . Fwthermore,
there was a large quantityf a high-grade cut of whale meat " 'l11ecase was, however.
dropped.
Tntea ,dthe employees were anested and charged with theft and trespassing. When tl1ey
were arrested, seventy investigators searched six locations, including Greenpeace Japan's
oftiee in Shinjul.:u, ToJ;.yo, and their residences. While the press gave wide coverage to tl1ese
event<;,talk about the allegations of embezzleme nt of whale meat faded away.
The allegations of embezzlement of whale meat were, belatedl y, taken up again in February
thisyear during the coUI1case when it started.
A former crewmcmber who had crewed on whaling ships for many years said that he had
wanted to give evidence, "Prec isely becauIewant to sec the resumpt ion of commercial
whaling, and1 wanted to do something about the declineinmorality lnresearch whaling".
His evidence included statements such as "1 witnessed crew members taking out large
quautit.ies of ntcat", "employees of the Institute of Cetacean Research, which is the prima1y
body U1atdoes researd1 whaling. were actually taking l1ome for the-mselws prime cuts of
whale meat, call ing them 'samples"'. and oU1ersimilar testimony.
AlU10ughthe official gift of whale meat to the employee by the employer was 8 kilograms or
less, the crewmeber who sent home 23.5kilograms of une8u changed hisexplanation time
and again. Wl1ile he.said that he "received it from his colleagues", the number of "colleagues"
changed from one, to two, to four, after which he ultimately said lhree colleagues had g-iven
him their meat. However,one of those colleagues testified"1hdidn't give it to him."
The owner of the unesu whale meat alsosaid,"Tmade the ten pieces by cutting into halves
five pieces oune.u." DNA testing, however, showed that the unesu whale meat pieces that
he alleged werefrom the same whale, were, in fact, from two different types of whale, with.
seven pieces coming tl·omone whale and the remaining three pieces coming from another.
So his e:xplanation was nonger considered valid.
'f1lc former crew member mentioned in the introduction to this report continued, "What I
wanted to bring attention to was not the embezzlement by the crew but the irregular things
tha1, asa fisher, noticed about the research whaling."
One of U1t: things be describ was, "When too many whales were caught, they just kept
throwing the meat overboard into the st:a. My fellow crew mt:mbers and I said to each other
Uwtif U1ey havt: enough to tluow ovt:rboanl they shouldn 't be Clllching so much in the fiTS!
place.''
Following periods during which whales could not be caught due to the obstructive activities
of the anti-whaling groups the fleet would then increase the daily lake of whalt:s. But when
twenty or more whales were caught the ships' freezers would fill up and oftc~ustwere
thrown overboard.
386The former crew member recalls that, when the target quota rose sharply between 2005 and
2006, "even saleable quality meat was frequently thrown away".
So what is the current situation of research whaliMs Ayako Okubo, a researcher at
Tokyo University 's Research Center for Advanced Science and Technology (RCAST), says,
"It's supposed to be research into the whale ecosystem for the resumption of commercial
whaling, but,t's really just become a means of supplying whale meat." She also sees as
problematic the way in which research whaling is turninsubsidy-dep in~usty. nt
The basic mechanism is like this.The primary implementation body is the Institute of
Cetacean Research. However, whaling operations and whale meat processing and sales are
exclusively commissioned on a permanent contract to Kyodo Senpaku, which is an
amalgamation of the whaling divisions of a number of seafood companies.
Each year, theICR receives subsidies from the Japan Fisheries Agency which issues the
permits for rest:arch whaling; the ICR has successive generations of board directors who are
formeremplo 1~sof the JFA. This year, the subsidy included countermeasure expenditures
to manage the obstructive activities by the anti-whaling groups, waslion. In other
words, Kyodo Senpaku is operated like a family business under the umbrella of the JFA, and
it has been likened to a "convoy of whale meat concessions."
[...]
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389Annex 150: “FisheriesAgency Personnel Disciplined forAccepting Whale Meat.
Five Supervisors on Research Whaling Vessel”,Hokkaido Shimbun,
23 December 2010, 25
'Fisheries Agency Personnel Disciplined for Accepting Whale Meat. Five
Supervisors on Research Whaling Vessel'
Source : Hokkaido Shimbun, 23 December 2010, page 25
The Japan Fisheries Agency (JFA) announced on 22 December that five of its
personnel who oversaw the research conducted on board Japan's research whaling
vessels had violated the National Public Service Code of Ethics by accepting whale
meat after disembarking the vessel, and that the Agency has officially reprimanded
threeof those five officials. The disciplinary action was dated 22 December.
The three reprimanded personnel participated in the research whaling program in the
Antarctic Ocean from 2000 to 2004. Upon their return to Japan, they each received
packages containing 3-7 kilograms of whale bacon and other meat by mail from
Kyodo Senpaku, the owner of the research whaling vessel.
Two other officials (both currently on secondment) who, while receiving whale meat,
paid a part of the value of the meat or returned it received warnings.
The supervisory responsibility of current JFA Deputy Director-General , Junji
Yamashita, and one other official currently on secondment to a university, who held
the position of Director of the Far Seas Division during the period in question, was
also called into question and the two men received strong warnings.
The JFA explained that none of their personnel requested the whale meat, but gave the
excuse that, ''Kyodo Senpaku has a custom of purchasing some of the whale meat
after the research has been completed and distributing it among the crew, and they
may have done the same for the JFA personnel."
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391Annex 151: “New Developments Under Severe Conditions. Interview with Mr Fujise,
Director-General, Institute of Cetacean Research”,Nikkan Suisan Keizai
Shimbun, 27 December 2010, 2 [excerpt translated]
'New Developments Under Severe Conditions. Intet·view with Mr Fujise,
Dire~or-Gene Isaiute of Cetacean Research'
Source: Nikkan Suisan KeizaiShimbun, 27 December 2010, page 2 [excerpt]
[...]
Reporter: You mentioned that research is needed on the competition between whaling and
other fisheries in both northern and southern areas and on the ecosystems. At the same time,
however, it seems the ICR's fmancial position is very severe due to the obstruction activities
and the recession.
Mr Fujise: The capture survey travels along a pre-planned route, catches whales at those
locations, conducts on-board biological examinations on the whales, and then it produces
whale meat and other by-products , sells the by-products in Japan, and uses the income as
funds for the next research program. The expenses incurred by these activities, regardlessf
the by-products produced, cost a certain amount of money. When whale meat was very
popular, as in the old days, it was possible to raise plentyof funds for the research in the
following year. But, at present, due to the domestic economic conditions and the
obstructionist activities against scientific whaling wen't able to conduct scientific whaling
as planned, and it would be impossible to say that things are going smoothly. Fundamental
issues of how unfeasible it is will emerge if we try to continue with the current process
whereby the income from the by-products is used to meet the survey costs. This is because to
do the survey we are required to spend a certain level of budget.
The sighting surveys that Japan did in cooperation with the IWC for 32 years - the
IDCRJSOWER surveys -finished last year, and so the role of the sighting surveys which will
be conducted by JARPA II will be more important than ever.
Reporter: You have been inaugurated as Director-General at a time when the survey's
fundamentals are being reviewed.
Mr Fujise: I don't have any exceptional wisdom about how to break through the current
impasse. But as the scientist in charge of scientific whaling, I see a need to do more PR
about the significance of the survey program which is not yet well appreciated by the general
public.
[...]
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395Annex 152: “Three Whaling-Related Organisations: Promoting Whale Meat
by Strengthening the Sales Structure”,Minato Shimbun,
24 January 2011, 6
'Three Whaling-Related Organisat ions: Promoting Wha le Mt!a( by Strengt hening the
Sales Struct .ur·e.'
Source: Mi.JratnSllimbzm, 24 Ja nuar y 2011, page 6.
D(ffi1Jlttimesdue toobstructionactivitiescmd sl11ggish.sa!l!..s
Japan WhalingAssociationdownsizesactivitiessignificantLy.
On 20 January, the three major whaling-related organisations, the Institute of Cetacean
Research (ICR). the Japan 'Whaling Association (JW A) and f.:.yodoSenpaku, held <1joint
press conference to am1ou nce policies concerning strengthening countermeasures to the
obstruction activities targeting the whaling fleet and the promotion of whaling by-pmduct
sales.
Mr Kazuo Yamamurn, Presiden t of Kyodo Senpaku, explained that "because the income
produced through by-product sales in the first period dropped 30 percent" the response to the
situation had included curtailing the .1\VA·s activities. The situation had also been impacted
by the reduction in Ute whale catch numbers, due to obslructjo n activities, and sluggish
hy·producl salt:ls.
'f11clCR reduced the number of its full-time board members to one, and on 30 November
2010. M.·t Yoshihi.ro Fl!ji'le, formerly a member of the Institute's administrastae~ftas.
inaugurated as ICR Director-General. Fujise said he was concerned about the damage due to
the obstruction activities, and equested that "countermeasures be implemented" as the
1.mrrenlmodel of meeting the costs of research by selling the by-product was no longer vi.ahk
President Yamamura talked about the policiesof the whaling-related organisations that aimed
to reduce costs, strengthen whale meat sales structure, and positively differentiate whale meat
products from other foods.
Mr Yamamura said he had streng thened the sales structure hy •·eplacing tl1e "Sales
Distribution Division" with a "Marketing Division", and had recruiteil two advisors from
outside the company. Mr Yamamura said ''wc:'ll try to get buyers' interest by emphasising its
healthiness, and th<1tcustomers can feel reassured that it's safe." The consumer-focused
messages will include health aspects such as the whales are from tl1c very clcall Antarctic
Ocean, traceability is conducted through DNA registration, and that tl1efood includes
balenine.
Refen·ing to the 1'cfonni.ng of the distribution system, including changes to price setting and
distribution metJwds,M.r Yamamura poin1ed out tb<tJ"whale mea1 is passed over due to its
l1igh price; there's a laof responsiveness in the price setting," and added that "We want to
aggressively sell whale meat like any otl1crproduct".
M.r Yamamura, \Vho is also Vice-Presidt:mtof the .TVlJ\,said, "AlUtOugh we won't be
undertaking any major activities for the foreseeable future, we Men't nt all giving upur
position on the resumption of commercial whaling. We will overcome the crisis and we want
to fully restore the .TWAto its role as a standard bearer." JWA staff have been assignedto the
marketing division ofKyotlo Senpaku to work on expanding by-product sales.
396Expressing Concern about Unjustified Obstructions: New ICR President Fujise
The new ICR Director-General , I:v1rFujise, participated in the first scientific whaling survey
in the Antarctic Ocean in 1987, joined the ICR as a researcher in the following year, and was
a member of the ICR's administrative staff. His research focused mainly on the biological
characteristicsof minke whales used to manage resources. I:v1rFujise said, ''Biological
characteristics thought tobe stable in the past, such as premature development and changes to
blubber thickness, are showing very large changes, and large-scale research is needed to
elucidate the reasons for these changes." He expressed concern, however, about the
obstructions to research, saying that "there is an issue with research information being limited
by the obstructive activities."
During the most recent scientific whaling season, the whaling fleet experienced extremely
vicious obstructions, such as a collision with an anti-whaling vessel and illegal embarkation.
As a result, the research was suspended for 31 days. I:v1rFujise said, "Violent obstruction
activities are continuing this season, and the difficult and dangerous conditions are expected
to continue. We will conduct the research as best we can, whilst ensuring the safety of the
crew members." For security reasons, Mr Fujise did not elaborate on the details of the
measures being taken by the fleet. Illegitimate obstruction activities against scientific
whaling have continued each year since 2005, which has resulted in the scientific whaling
program not being completed as planned. Furthermore, because by-product sales are no
longer able to meet the costs of scientific whaling, Mr Fujise also called for a change in the
research model, saying that "we have recently requested support for a range of
countermeasures in the near future" .
Last year, the IWC held its annual meeting in Agadir, Morocco. Large differences remained
between member counhies, and no consensus agreement was reached on the future of the
IWC as proposed by the Chair and Vice-chair. I:v1r Fujise said that "it was remarkable that
member countries agreed to Denmark's proposal about humpback whale catch quotas,''but
he expressed concern about the Commission's complete failure to function. This year, the
IWC Scientific Committee meeting will be held in Tromso, Norway, at the end of May, and
the Annual Meeting will be held in Saint Helier, United Kingdom, in July. Mr Fujise added
that "The IWC has entered a period of contemplation and is not. holding any meetings at
present. We need to keep a close watch on the direction of discussions at the Annual
Meeting. "
397 .1•11a _ _ .:..::ca'-!.)_---,
398Annex 153: M Dickie and PSmith, “Stay of execution: Japan suspends whale
hunt”, Financial Times, 17 February 2011, 10
« BaclrlodOCUi"SQ\
Stay ofexecution: Japansuspendsannualwhalehunt
Dickf, Mure; Smith, Peter.Financial lim es [London(UK))17FebpP.10.
Abstract
' TodaYs news may wellsignalthe beginning of ltle endof Japanesewhalingin theSouthern
Ocean,"she said. "rhere are indications lhat the activitiesof Sea Shepherdhavebeen elfectiveIn
signWi~ reUucingthis yea(c~t.c..,
Full text
Japanhassuspendedits annualAntarcticwhale hunt, handinga propagandtoryto a group of
antiwhallngactivistswhich has beenharassingitSfleet,write MUre Dickiein TokYoand Peter Smith
in Sydney
Tol(yo's fisheriesagencyeiit was consideringwheU1er toabandon1his yea(s huntweeks ahead
ofsched~ becauseof the activitiesof vesselsof the SeaShepherdConse!VationSociety.
'Captureshave been.suspendedin the int.lrestof safetyas(SeaShepherd)hasbeen!ailingIhe
researchmother ship Nisshin Maru sinceFebruary 1,"said TatsuvaNakaolru,a fisheries offiCial.
Tile decision<:Qm<~mi gowingil\ternational pressureon'TokYoto stopi\s cull ofaboutBOO
whalesIntheAntarctia, a hunt.thalis conductedUnde~cepti forscientifiCresearchvlilhln
the international moratoriumoncommercialvlhQ.Activistharassmentlast yearmeantthefleet
ceughtonly 506whales.
Julia Gllard, Austr' prime minister, and herNowZealand counterpart, JohnKey, on Wednesday
renewed theitcall for an endto Japan's Antarcti.whafin.g
Ms Gillardalsowel<lomedW&lliin's recent decision to bac1(Australia'sactJntematlo~ta.l
CourtofJ~sti coetop theannualhunt
Japan has rejectedforeigndemandsthat11abandonwhaling as hypocriticaland has denouncedas
dangerous andIHegl Sea S.hherd's tacticsof manoeuvringitSvesselsto ob:ltruotwhalingships
while bombarding their crewswitll rancidbutter.
B ut the high-profile setback to the hunt is lillely to energiseanti-wtlaling groups, wl'l1chalreadyen;oy
a highmedia profile in many W$ nations.
Rachel SieWert, an AustralianGreenssellator, saidan eanyehd to theWhelehUntwouldbe
welcome..
'Today's news.may wellsignaltt>ebeginning of the endof JapanesewhtheSouthern
Ocean.• she said. "There areindications lhat theactivitiesof Sea Shepherd have been effective in
signifiCantlyreducingthis yeMs catch."
Mass yuki Komatsu , -aformer -senior rese9tehe t "atJapan's fishert&&"agency, said it now appeared
'highly liMiy" lh<'huntwould endeatly,signallinga lackof politicalwill in TOkyoto defenda legeI
research programmegovernedby international agreement.
"If JapanIsivingup II\ thefocc of Illat uqaccoptable behaviour, lhatwill set a bad precedent lor
ihe>ewho respectlhe law," Pror Komatsusaid.
He said determinationto continuethe hunt mighthave beenunderminedibyconcelnsabout
Japan'sgrowingstookpileof unsolll whale 01eat,which is dwipop~lr<1tmyongyounger
consumers.
Meattramthe hunt is soldfor fooder a treatyPvisioo requiringthatresourcesfrom research
not bewasted.
TensionsbetweenJapanesewhale huntersandWesternactMsts escalatedlast yeat when a high
tech boatoperatedbySea Shepherdsankafter a collisionwitha Japanese ship. A $ea Shepherd
member was latercapturedafter he boarded a JapaneseYlhaling vessel.
399 Two JapaneseGreenpeaceactivistswho allegedcorruptionin the researchprogrammewere in
Septemberconvictedof stealingwhalemeat bel6ngl a sailorfrom thefleet
The activiststookmeatfrom a shippingcompanywarehouanattemptto gatherevidenceof
vthatthey-saids illegaltrading,but theywerearrestedwhentheyturneditover to pollee.
Cred :ByMureDickiein TokyoandPeterSmithin Sydney
Indexing (details)
Subjects SmiU.Peter
People SmithP~1'lf
Title Stay of execution: Japansuspendsannualwhale hunt
Authors Dickie.MurSmith Pater
Publication tide ffrtanCial TimoS
First Page 10
Publicationear 2011
Publication Date Feb17, 2011
Year 201'1
Section WORLDNEWS
Pul'>lisher The FinancialTimesLimfted
Place of Publication London (UK)
Country of publication UnitedKingdom
Journal Subjects BUsinesAn<lEconomt ~csnkt AngdFJnanccPol~i <clscc
ISSN
03071766
source type Newspapers
Language of Publication EngHsh
Document Type News
ProQuest OocumentiD 852579640
Document URL bi!R e;t.hJ;t\l!l.li.LC9.midru:.:.1e_wl.ft.525.Iaf;jll.1;t~Q.Untid=lt3:'10
Copyright (CopyrightFinancialTimesLtd. 2011. All rightsreserved.}
Last Updated 2011-02-18
Database ProQuestCentral
« B~clll(!OcUment
400Annex 154: “Halt of Japan’s whaling mission provides food for thought”M , ainichi
Daily News, 19 February 2011, at <http://mdn.mainichi.jp/perspectives/
editorial/news/20110219p2a00m0na001000c.html> on 22 March 2011
IlallofJapan•swhalingmissionprovidesfoodforthuughtThe Malnit·hiJ)aily News Page I of2
Halt of Japa n's whal ing mis sion provid es food for thousht
The govemmcnt has decided to eod its research
whaling program early thissr.asonAgriculture,
forestryand FisheriesMinister Micltihiko Kano
exvlained that it had beoome difficult to keep
"~1<1 s1iisnand their crew safe while the mdical
emironme ntal group Sea Shepherd persistently
Cocu<nut.iunSuco.wwd1JJ11~il~
tailed the vesseLsin a bidobstntctthe-ir\>t'Ork. "'ll.lilll&shlpYQ),3I, riP,1, 11ilu;I9ll>
W.,II(I'C*IISot.1\:lI•Mitf.a..
1 trlm•OOjlr4.1,du:bUICWnk.'f"fdt,.b.)
Sea Shcpherd s protesh; are extreme and ~ 4.~,nln,Nosnwttw, ~fn.ll!l"le:l
dangerous . Its activists began tafomng Pfloci)/S(o!:flrrheft!, Qu) •Sltlbs )
Japanese wh:~i snigsat the beginningofthis
ye-.t.rs,hortly ather lftJapa n.111eyobstructedthe Japanesevessels 'ork. hurling
a rope into one ship's J)llthin a bid to tangle its propeller, and thro"'"g bottles at ships
on another occasion. Becauseofthe grouv'sinterference, lhe whalingtihipshab~n
able to catch far fewer whales than planne-d.
Aborting the missin should be regarded as the right decision Ifthe safety of thiscrew
at stake. The remaining ques tion iswhct11eror how Japan shouJd oouduct its next
researc.h wbaliugmission.
Jtisunreasonable tocriticb·.e.Japan for conductinga scientificsurveyon the population
ofwhales and their distribution. Furthennore, it isa matte~our thetany country
should nutke efft. "sCof iarine resourcesincluding whalt".s.
The domestic demand for whale moat as foodhas drastically decreased io Japan. Whale
was an important source of prote in shortly aft£-rthe c.ndof\Vorld \"VarUwhen Japan
facedSC\'erefoodshortages, and wasoften sen·ed in-schoollunches. I:Jecaof this,
wh;lle meat apparent ly rrei'l~nsea of oosta1g.iafor many baby-boomers and people
from older generations, but the numher tllosewho eatithas significantly decreased.
Therefore, stocksf whale meat in Japan have su rged to unp recedentedl) 'high levels.
The government cited SeaShepherd's violent protests as the rmson for aborting the
curre nt research whaling missioHo,,ever,n drastic change in Japanese people's
eating habits isalso believedbeobehind the decision.
Many Japanese people reeuocomfortablc about aborting the research "ha ling
program due to pres..'from overseas, ru1dha\-eexpressed supporfor the
continuation ofthe mission.However.fe\\Jupauesc peopleeat wllaJcmeat toda1 aod
theneedtocontinueresearch\\'halinghas significantlydecrea<red. hechangein
hrtp:l/mdn.nL1inich.ijpiptfspcc<ive•leditoiral/n"..r.!OII 0219p2a00m<lnolIO13104120II
401 Hah orJ:lpan'swhaling missionprovidesfood Corthougln·The Mainkh i OailyNe\'·',S l'age2 of2
Japanese people's dietary habits isr·orc important factor behind the decision than
Sea Shepherd 's protrsts.
The end of the current rnission marks an enrl to t~eco nhase of the sh:-year·long
Cetacean resea rch project in the Antarctic Ocean. The government will plan a third
phase, which could representa major turning point in Japan's research whaJing.Tbc
go,·ernment should take this opportunity to fundamentallyrc'~ tswwhaling policy,
and e\·en consider suspending the progr.,m. Already at the lnternnt -ional Whaling
C.(Jmmission , some member countries ha\'e proposed to substantially downse:'lle
research whaling.
Prom both a medium- and long-term perspective, ,Japan should inwrm-e its p1·oteclioo
o(marine resou rces to a level meeting: interna tionalstandards. Ja pan has come under
mouJ'\tingcritiCismfrom the international community not only over itwhaling
program but olso over tuna fishing. ln.order to avoid unjustifiable criticism from
0\'CfSec',apan should improve itswhole policyon marine reso urce protection.
(Mainichi .Japan)Febnlill'19, 2011
402Annex 155: PBirnie, “Opinion on the Legality of the Southern Ocean
Sanctuary by the International Whaling Commission”
7;; f'u'f-J
Opinion on tho Legalityol the Designation of the Southern Oc<!anWhole
Sanctuary by thelnlematlonal Whaling Commission
The"MemorandUm<:JOpinionon ll>e Legalllofthe (leslgnattOof1neSoutne<·o
Ocean Whale SanctU81'(bythe IWC' submittedbyJapan raosesQues!Jons
con<:em1f191l1correctln:erp<etatot tne tnternatoel onvemtanfllr the
RegulationorWhaling(ICRW)anoconCludes thatlradopting tnlsSanctual}'the
Commission exceeded tl>epowersac<:o<dedlo II<meitr>aConvent1on
Tl'lC011CIUS1 IonrriVedat WltnovtspecifiCreferetoethegeneral pnnc1pleb!
•nternatlor'tawgoverning1nre<p~e ottaat1e0as laiddown ontt1r-n~
artrcteof thVoenna Convention onthe Law ofTreatleS1969'10whiCh Japen'"
pany The Conventoonos notretroaclrvebut prOVISIOnosnthiSrespectare
regardedby 1ead1ngeommcntotorsas consto!u'•"'lageneraloxpres510of lhe
principleo1customarylntemattonallawon the subJeCt' ArtiCle31 (1olthP
Voenna ConventtOOstatesthat"A lruty shall be onterpretedIn gfa~ on
accordanceWith thee<d•narymean1ng 10be g•~~ totne temlSof thetreaty't"""
contextand Inthe lightol rtsobjectand purpose
Arttcte31 (2makes ~1ea1thathe 'The oontextlet thpur~ ofinlelp<etatiOflof
a lreaty sl'comprise 1nadd~. to he textIts preambleandannexes", Intera;a
and Arttele 31 (3) reqUthat' Therebe taken oto account togetheWiththis,(a)
anysubsequentagreementbeiWeenthe paroesregardl"'l the lnterp<jp!21footl'!e
treatyas the epplicat.on~·pr<WISI<lnSD)any subsequent practooe1nthe
applicatioo1the ueatyWhie;h C<~tabl toeah eementOfthe oonles regBJdiOII
nterpretat10n"
Onlyto confirmthemean1ngresurtmgtromthe aboveprocess or~ inlel.,rl!tonlcn
the abOVebasisleavesa meaning ambiguousor obscureor leadsto a1esu w~lt~<;h
,. mantfesiabsurdor um:asonat:>ledoes At1.ct32 pcrmn ~ to
supp4emental'(meansof lnterprelllhoIncludinthe preparatosyWOfkorthe uee•v
and the Circumstancesoflis conctug10The two articlesshoulbe operated
tcgetner3and the meaningshould emergefrom the ueatyas a Whole. Accord.ngto
lnl""'l'tlOI'Iall aa!nguageorme treatymust be1nterpretedInthe l.ghl ofthe
rulesof gene<allrrtat.onataw tnfe<ceat lhtJme of its conctusiandlalsoir the
lohiof the contemporaneoustnear>lfor itterrns 4 Thedoctnne of O<dmry
"""'"' ,n effec1lll\IOIonlya presumptiOn and anothermeaningcan be
estabi•SI'.1thereISIMdence to support ~oreover psn1escanagreeon a
panlcUiarInterpretati0<,under Artocl31 (4)accorda spec1a1mean.ng to a term.
'' thpartietntenothll
When a treatesteblosnean lnslrtutlonsuch as the 1WC.tl'lesubSequent practr.:e
of that 1nstitub0ncan abeotat<en1ntoaccount~nso rfaastnaslegalrelellanoe, '"
arnv1ngatan .,te!pfetaiiOf'general good farthrequues that an1nterpretat1on
0"''ng effectthe 00<1\lentiosbject$ and purposesWinDe preferred.annougnthe
Voenna conwnt1on tfocsnotspeclf,oalprOIIIdfer thiSTne Internai naCourt 0'
1lat111l61 nk::: J;\lo lt.i".''.\.UJIS1d.'\Juu.l t...M,Cl.an:ml.on?r(lt'l)t))i
: JSlndl\lrn\'le!CoovenD"-fnlilt...•Treauesclnre\oueed 'M..ntheb.!f\'C111n
l YeubctokILCtl9t11J91-0
.I0Jl'JwnJ..",p1et-11fPvJl'l!~ Low.t;lbfl;n\!«i..0 '((cm10111~. ~
403 JustiCehassupportedtheapplocalooo nf theprincipleofel!11hveress and
developmentsm someregtonalcourtshave shownbothan effectlve"and an"
evolutiO!l<l''pproac!to 1nterpretauono4thetrconstuuuveInstruments5
lnstrtultonssuchas theIWC are notconfined to a narrowinterpretatn ofarticles
such asArticle Vbased on purelygrammaticalor lingUisticgrounds.TheIWCcan
tn 1nrpret1ngsuch ambtguousphrasesas" sc1enttfic findtngs"m A1'11cVte(2) (b),
adopt an Interpretationthat fulfilstl'leICRW'spreamboJiraObttes. Moreover
contracUnggovernmentswrti now be requiredto take•ntoaooounttn gOOdlalll1the
UNCED RioDeclarationaM Agenda 21 whichrequ1reappliCationofthe
precautior'larypnnctple or approachand emphasiSethe ngntsandneedS offuture
generatiOns.
Itts fortheComm1ss1otn o aaoptan Interpretationthatconformstothe broaa
generalpnnc1plesreflected"" theVtennaConventtonwtuchthemselvesrequore an
lnterpretaUonthatconformstothe ICRW'sobjectivesand purposes Asthe ICRW
makesno provisiOnlor disputesetllement by Independentmeans, the
Commission's dec;soonon theSanctual)', takenthroughuseolthe normalvoting
procedures laiddown1n ArticleV, Isdeterminativ, and must be regardedashaVIng
taken accountorallthe relevantfactors,guidelinesand itsown releVantpracticeon
thisfield
404Annex 156: Government of Japan, “The Program for Research on the
Southern Hemisphere Minke Whale and for Preliminary Research
on the Marine Ecosystem in theAntarctic”, 1987, SC/38/04 [not
includingAppendices]
The Prog ram for Research on the
Southern Hemisphere Minke ?Kbale and
for Pre~y Research on the
t~arine Ecosystem in the Antarctic
The Government of Japan
March 1987
405 CONTENTS
1. Iot:-oduc-"tion 1
2. P~rpcse ot the Jeae~ch
3
(1) Est~tion ot t he Biological Pa:~ters Requ~e~
!o= the Stock Managemen= of cha southern
HemJ.sphero Minke Whole 3
(2) Elucidation ot tho Role of Wholoa in tho Antaxctic
Mar~ne E~osystem 3
3. Research tor the !atima t ion o! the Biolo;iea~
Par&metara Required tor the Stock M4nogament of the
Southern H~iaphere Minke Whale 5
1 Resea-~h Xetbo4 5
(2) Hesear~b Items 6
1) Ag•-Speci!'1c Natural Mo:-'t&l1ty Coetf1c!e-nt: 6
iiJ Reproductive Pera=eters: 6
iii) Stock Si:oo 1
iv) Oiatrlbut1on, Struet~e ond Behavior of
Minke Whal•s in the Lov Latitutdes: 1
(3) Res earch AreA 8
(4) Sample Si:o 9
45J outline ot the Implementation ot the Research
?roqram 12
11 Sighting surveys: 14
~~~ S~pl~ngo lS
4. Aeaea=ch to Elucld&te the Ro~e ot Whales 1n the
Anta=ctic Marine Ecosyst~
(~) Research Method 16
(21 Resea:ch Items 16
i) Stomach Contents of the Sperm ~h•l•• 16
11) Biological Pa:ametar of the Sperm Whaleo 16
iii) Stomach Contenta and Amount ot Tat Reserve of
tho Whale• 16
~v) Research on the Marine Pollut~on Using Whale
~lssue•an~ Stomecb Contents, 17
Il l aesearch Are~ 17
1) ~he Spo~ Whal•• 17
i~J~e ~1n~• Whale: !7
1' 1 S&o"ple S~:e 1a
~ ~b Speno Vb.&!e: l!!
~~) 7~• ~nk• Wha!ea 13
406 Pas•
5. Orion1:&t1on of the Research 19
( 1 ) The Whale Aesea:eh Coor~l~Atlng Cocaitte•
(Provlaiono!..l Ne.::e.) 19
(2 J Sa=pling 19
( l) Si~hting su:veys 19
( 4) Re•ea:ches Proposed by Other International or
Domaltic Inst~~tions 20
(5) Opportunities for Participation by Foreign
Scien tis t1 20
(6) Conditlonl !o: Pa~icipation 20
1) Coot: 21
11} indemnification and Io1uran ce for Casualty
or Personal Injury on load the Research
Ve••el•' 21
iii) C•ncellarion of Participations 21
(1) Publication o! the In!or.atlon Collec ~ad by the
itetee rcb 22
1) Baaic Ru1es• 22
ii) Procedu res to~ Reportin9s lZ
iii, Obligation of tb• User•• 12
6. £xpected £!fecta of the Catcbe• on the Steck 24
!1 I The MinJ<e Whala 24
i) SAmple Si%e Comper•d with RYt 24
11) Diffuoible Effects of sampling to the
Raproduc~ion r 23
iJ.i) Diffusi ble £f!ecta of Sampling :o the
Ecoaystem t 25
(2) The Speno Whale 26
!) Sample s~:e compa~ed vith RY• 2S
iiJ Dit!u•ible ~teet$ o f saar tl ng tO ;:::e
Wepro4uctiont 21
l.l.l.)Di!~usib~e £!feet• ot Sampling to the
Eco•ystem:
~ppendix 1 Swuma:-1 of the Sci•ntitic ~•pects Regarding
the Hanogement o! tho South•rn Hemiaphera
Minke Whales and !ts Reletion to ~h~•
Resea .rch Pro~re.m 31
Appendix 2 Summary o~ t he Discuaaion on ~he Antarctic
Marine £c oaystem 46
~ppeod~ l Sampli~; Scheme 52
ApP4n4ix 4 ~heRel&tio~sh1 bpet~••n ~• S~le s11e •nd
the Frequency o! tba tach Age Class when the
Scrnp~q !nt•rval 1s Set at 3 Yaa:a or ~
Yearo $5
'
ti
407 1. Introduction
The •o=ato~um decis~cn on all co~rcial ~holing made
at the )4th Annuol Meeting of the International Whaling
comm~ssioo CIWC) CL~e into effect 1n tbe 1985/86 se4 aon !o~
the Antarctic pe~s~c whaling and tne 1986 aeason !or the
coastal whaling . lt should be not•d. however. that the
above decision ~as made wi~hout cny seient1tic justi!!eat!on
ond ~D ~h• absene~ o! any recommendations by ~h• ScientL!1c
Committee o! tb• lWC CIWC/SC).
The member na~lona ot the International Convention for
the Regulatioa of Whaling (ICRW~ tbou ld. •• a ~~tatter of
the1: dut1ea. uode~~&k• scient!!ic ~•s~a ~-h in order to
achieve the objectives of the !CRWwhich are :o ··~•u=•
proper conservation ~nd opt1mum utili:ation of the great
natura~ and ~enevablereaou ~c•• rep:esented by the ~~e
•toeks.. . J'&;J&n, there!ore.. bu been eo n'tl nuously
con't~ibut~n arenuou•lY in all possib le areas to the atudy
and resea:cb on wh4~es tb:ough si9ht1ng surveys and ~nalyaes
of da~e obtained ~~ comme=cial vh&~ing. Japan neither
belie ves that the ce•aation ot tbe comm&rcia~ whal1n;
subsequent to :he morator~um ~ecis~on axempts the
Contrac:~g Gover~~•nts trom such ~u~ies. aor doe• i't
believe that ~t is proper to Cisrupt the continuous proq=ess
beiing made on the s'tu4y on the whalea. In the light c! th~s
~l~et ~apan has developed a p:ogra2 !e: :esea:ch o~ the
.sou the=-n nemiaphe-.:-e. ""-nk.a whale lt~' !c: pcelil2!.nary :re5e&rc::;
408 on the marine eCO$YStem in the Antarctic based on Art~cle
V!:I of the ICRW.
This prog r am will be imple~ented so a& to:
(o) estimate vArious biolcgi~41 par~etars inclYding. ~n~er
alia, the ege-specific natural mort~i~y coetf2cient
which is essential fo: the -assessment of the population
prcductivi~ies of the southern he~$phere minke whale
and its management and which the IWC/SC hAs been
discussing as the most. important pa:am&ter i.n .recent
y•ars.
(b) elucidate the role of whales (the sp~ whal~ and the
~nke wha~e) as a key $pecios in tne Antarctic =a.~ne
,eco1ys te:r:~.
The program consists o! the research take of ~hales based on
~-tic:e VIII of the ICRW an4 ~he •ight~ng surveys.
Ja~n fi-~y believes that the res~ts ~o be obtained
by t-he i.mpl'Jintmta:l.on of this program will provide
scient1!lc ba~i• for resolving ~=obl~s~acing~he rwc w~i ch
have ;ene~ated conf:ontation amoog the m~be: nations due to
:he divergent vi•wa on the morAtori~.
[The summary o! tho scientificr aspects rager~ng the
Q.G.nagement of the soutllern !lemisphere minke whale and it.s
:-elation to this -:ese .archprogrem ( Appendix 1) a.n.d the
summery of the discuas2on on :he Anterctic m~-.na ecosys~em
(Appendi x 2) a:a a~tached to ~i~ ?ape: as re~e=e~ccs ~o
provide a basi-s tor a deeper unde =s ::andl.ng of this prog=am.J
409 2. Purpoaa ot the R~aa&reb
(l l ~st~tion of tha J~ologicel Par~atars Required !or
th~ Stock Hanag~ent of tbe Southern M&rnl$phere ~~nke
Whal.e
The main subject specie s of thil research program ia
the aouthorn hemiaphere minke whale (Salaenopt&ra
acutorost:ataJ. the exploiteble pop~ation si:e o! vhieh has
been estiaate~ :o ba at least about 260,000 by the :WC/SC.
Tbe •ain ,reaaon !or the failure of the iWC/SC to
recommend an oqrood catch limdt 1n recent years !or the
southern hem1sphoro minka whale stock ia that the tWC/SC has
not b••n able to roach agreement on the value of the na~ural
.a:ta~ity coef!icient and its oge-specit1c patt~~s.
Tberotore. tho p~ pu_-poaa ot this program is ~o
•st~~t• ~he aga-spec1!1c nBtU:a ~ ~r~~ty eo•ff~e1en~ ~Y
semplas throush a toe has tic s.a::;.p!..inga vhicare ca rried out
in combination v1th syst~t~c s1ght~ng surveys. The
pro9r.m is elso deai;ned ;o es~~ate the stock si:o end its
changos required tor atoek managemmnt, and the reproductive
~o:ameters and thai: cnanqes based on the sa=e ·~~les .
(2) tlucidat~on o! :he Role o! •~ales ~n the ~ntarc~~e
Marine £cosystem
!
410 e.cosystem has been gr01<4inq as- reflec:ted in th e com.in9 in t o
force of the Conven t ion on the Conservation of Antarc~ic
Marine Living Resources (CCAMLR ) , ~he DOSt import~nt need is
tor dAta on the prey·preda~or relationship among the krill ,
ELsh and squid, and whal•s.
To meet tho purpose of ~his progr~, the stomach
contents of the sperm whal& (Phvseter cetodon) will be
ana ly zed ro iden~ify the krill-squid - sperm · whale prey
predator =elationship which ~ considered as one of ~he
major energy-flows in the Antarctic marin~ ecosystem . A
fur~heranalys~s of the st~ach contents and the maesuremont
of blubbe: thickness . etc .• of tbo mink e whale$ tAken . e~
part o! th e research basea on (1) above, wL1l be undertaken
i n orde= to elucidate the krill-minke whale energy-flo w.
411 3. Research ~or Estimotion of tbe Biolog1ca~ Paramet~rs
R~~ed for tbo Stock Management of the Soutbern
Hemisphere M~ke Wbale
(1) Research Me:hod
Tha samples obt• in @d 6 r om the comme~~~al whaling in ~he
past couid not represent properly the population s~-cctu re
of t he ~Jke whalae ~grating to the Ant•rctic because of:
(al the concentrated operations ~n the h~gh density area
near ~e ~ee edge zone, and
(bJ the catch ing selectivity with preference tor larger
whales.
Therefore, the bio~o9ical parameter$ eatimated using those
a&mples !:om tho commercia l whaling are •u•ceptible to som4
b1as••·
:n ~~d•~ to ovt=oo~•sc~ •ho::c~in;s ot the data
obtained !rom the ca.meretal whaling, this proq:a. w~~l
~l~ent the research (•ke o! ~heles to collect stoch~~tic
aample1 !=ee trom possible b~asea by •nea~est neishbors
sampling method* (a&mpling of the an~ala nearest to the
po~nta rcndomly d1stributed) based on the density
d1atribution of animala oDt•!nad by the exp•naive s~gh~io9
au:vey ove= the :eaaarch a:ea. and eati=&te va:icus
biolog~ca: pa:ameterl us1n; the samples :hus colleet~d (see
Appendix J !o: the d•ta•ls o! the aa:.p:~ng metnod ~
Therefore. the biologicAl paramaters est~mAted os tht resu lt
•
412 of thia pro;ram are expe~ted to be !=•e t romb~asesinn~rGnt
to the samples f=om the c~rc1al whal~;. For this =•••on
the~• para~te=s thus obtained will be useful !or the re
evolu4t~on o~ the pa:~tera already ob~aLned froa ~he
In ad~tion. tbe natural
mortality coefticient , wh~ch is the prima--y pu:pose of this
=esearch progr~. vi1l bo elt~at• d by calcul4ting the
decroosea of tbo re~ativ~ troqueney of A given year class
b•t veen t~o s~ples taken in a aame area w~~h &n ~ppropriate
~nta~a•ion.
i) Age-Sp•cific Natural Mortaiity Coeff~cientr
Up to 1983, a fixad value had been used for the natural
mortality coeff~ciet n rega:dleaa of o;e. but i! the aie
spee~!ic~•tura: ~ =~ali~coett1c~en ctuld be obtained.
th~n ••t~te o! =eplae~nt yi~d (RY) vill be :•••:ka~ly
improved. Th~a ~·r~e~er is a~ao necesaary as an input
param•tor tor the cohort analy•ia. By using :he age
sp•c~!1C natural mortA~ity cootticiont, a more accurate
estimate of the recent ehen9e ot RY can be made. and tboxcby
the increasing re:e of the s~ock can be ob:a~ed.
~i) ~epro4uctive P~~te:s:
~he ••t~tes o! noo-Gatal sex ra~~o. lLtter s~:e,
pre~ancy rate. age at aexua~ maturity ADd othe=s and their
chang•• have :o be obta1nod in order to i4ent1ty ~he
413 ~eproduc:ive p~rac ete= s 1n tne stock. Undor t~1s research
p=cgr~. b1ologic4 ob$ervation a~d collection of spec1mens
4~e co be undertAken wit h resp ect to these parame:ers.
Lii) Stock Size,
The stock si~e of the sout~ e=n hemisphere ~ioke whale
has been est imated by using the da~£ collected by the
sighting survey conducted under the Internotiona~ Decade of
Cetacean ReJeerch Progr e,m of the ~we (lWC/IOCR).
Undar the pre5ent progrAm, systematic sighting surveys
b4 sed on the 1ine-transect theory Can IOCR type ) wi ll be
cont~nued to estimate the s t ock sL:e. By coincid~ ng tha
Area for the wh~le $iqht ~ngs with tha t for the research take
of w·hale s, both the stoek size and b io logical. paramete =s
such as age-speci!ic natural morta li ty coe~!icient ca n be
obt~ined !or the same Areo 4nd same year. Hence ~he s~ock
assessmen t of the southern hemisphere minK e whale stock vi ll
be made t•r mo~e accur•tc than be!oro, A~d the =epet!~i ve
sightins surve y~ within the sams Aree wi ll enhance the
~ccuracy ol the population es~~uates.
In addition. various expe~c nts !n r elation to the
sighting parameter$ will be conducted wi~h the sighting
surveys in the program.
iv} Oiet~ibt uion , Structu~e and Behavio = of Minke Whales
in the ~ow Latitudest
Dl.lp~t ':e.!:'t thl:u.clogi.cal in!o.rmation of the .sou. te~-.'"'1'1
hemisphere m~nke whaleJ !n the brecd~ng e:ea (outai4e of the
Antarctic} is ex'tre.mely important in orde r to identify the
414 $toek si:e. reproduet~ varameter• and migrat1on end othe~
theS-e 1nformation are very ~c:arc:e.
Therefore. Lhe !1rst aeve~al years o! th~s prog~am w1l!
include the 1i9hting aurveys in the low latitudioal wate:s
to collect info~tion on the pattern of 4ist:ibution and
Qenaity. atructure end behavior eape~ally :h at of c:ow-ealt
pe~rs in ord er to prov1de the baals for the tutura
resea.rchea ..
(lJ Research Area
Area IV (70 "-lJO"El end Area V (lJO "E-l70"Wl vill be
su_-veyed under this resea:ch proqr&m. The to~1ow1n9 are the
\
reason$ for th~s aelection.
Antarctic by Japanese fleet from 1978/79 through 1985/86
•~sons ve=• 455 (Aru !1. 172 (Ana ::>. l,o72 (Aru III ) ,
u,G21 ( Ar•• :V I. 7,913 (Area V). .,d 3,271 (Area Vt).
ou:~ns tnia period.
conCucted on all whales ~aught. The 1n!ormation !r~ the
past roao•rchea, theref:~re w4s c:oncencra.tod in Area IV and
Area V, while very lictle intormetion was obtain•d tor Area
I and Ar•• IL For ~h is ::-ea5on, a lot :;, i.fornl4tion of the
stocks mi;:atin9 into the hi9h latitudes of Area IV and Ar•a
V are now available ~cgeth•r w~th the ope~aticnal knowledge
=or catch1nV such as ~he sea and tee con~ition~he:e. ~hose
info:maticn makes the reJee:ch ~ore et!ic~ent.
a
415 It 5hould be not4d that the rascarehea will be
conducte~ !or the tvo ccnaecvt1ve yea:s in a pa~~cula~
(4) S~lo Siu
Sin~e the primary purpose of thi1 :e:c4rch prog~am 11
to est~ate th• age-specific naturAl morta~ity coefficient,
the •a=ple si=e must be at least the minimum numb•: =equ~ed
!or the est~t!on of this coe!!~e1ent.
0.055 (95 l conti<lence liAit: 0.060, O.ll) vas tbe va .lue
to: ~· natu:42 •mort•li~y coeff!c1ent (~) of the sout~~
hamis~bere m!nke wha le •dopted by the lWC/SC in the most
:ocent: yea.r .. Under this research program, aample size is
ca ,lculeted so as to make de:ect1on possible ot the decreasa
between ~wo sa~s ot aanples taken in ditterent years in the
relative !reque ncy ot a cobo=t to estimAte the •9•-~;ee~!i~
na~r•~ aorta~ty coe!!1C1tnt. us~ng H•O.OI6 as ~el2 4$ ~ts
lo w•= ~lmito~ 0.060.
The probability ot J'Jccessfully detecting the change of
r•lotive frequenc1es of the saMo cohort over the two
coaaecutive years essumiog H•0.086 tor M•0.060) vould bo
••t=emely lo~. un1eaa a ve_-y la~ge s~le site is made
availal!:ae. Hov6ver. if a certain period o! inte:- ..al could
be allowed between tva sets o! sa=ples. the ~l&;ivc
numb•~ o! enimels deed due to natural mo~t&li:d yux~ng 'u:h
per~od would ~ow ~arge and thus detection of Qec~ea~• cor.
9
416 be made poat1blt with o ~maller sample size. I! tho
inte=val between the two ~~~~ling• 1& se! lon9e:, the
n~~ural BC~tality coe~fieient can be es~~ted with a
su!!ieiently high preeisicc vith a 1~ ~~~le si:c. vhilt
there could be a d~ri~ t=o. a p~olongee s~llng iote--val
such as a possible noise that might occu: in the ag~
comp osition due to con tinuous increase of rec=uitmont.
Under thi• reaearch progr&m, the 1ampl~ng interval ot tour
years is •dopted in consideretion ol the e~!ect of the catc~
to t~e reproductivity o~ tho ltock and the prac~1cal re4aon1
of the logistics such •• the ate~ng cap•city ot tbe
=esearch veasela. However, actual aamplin9 vlll be made Ln
the two oonaecutive year$ in a pa~icular Area. S<unpleo
thus collected from ~o conaocutive yea:s are pooled
together :o make one set ot ag~ composition for compar1aon
~~tb a~mi~ar aet of •9• c~poa~tioneo~ectod a~tor four
years !:om the .sa::.e~rea.
==~•ney to the total s~les ot • 9iven year c!a3S in the
second a<Slllpling IP 2 l mua t l!ec::-••• to 70.9t of th4t >.n the
f ir5 t sa.npl1ng ( p 1) e!ter four years (P2 -1 8-0.086x4 1 •
This ~•••arch program is de.aignoc5 to obtain 't:h6 sample a:i'te
necessary !or the dete ct ion o! such de~rease in the re~ativo
!=equeney of one c~ta~n yecr class in a s~atiatically
signi!icant ~ne:.
~ccording to the datt collecte4 fro= the c~rcial
t~e sample si:e must be ~ons~derabll ya~g• for
:o
417 ••t~at1aq the natu:al mortalitY coettic~en o: ind~vidual
coho::. In the caa• of 1 ~ted sample l!za below a
ce:taln level, soma hondl•nq s~=•teq yuch as grcup~,9 o!
the coho~ vLll be naeesa&ry~
Accord~ng to the crude age composition o! the ~~tarctic
Are~ IV and Area V obt~oed f~m the co~~rc~a1 wha1ing
(Fig. 1), the age at which the calculation of the netural
mortality coefficient i1 possible from the eateh curve is
approxi=ately the a9e ot 20 or above. and th~ relacive
frequency o! ania&la above this age ia lOt to 20l. :! cheoe
age groups vere combined to 5 - 6 9roupa, then tbe avera9e
:e~acive frequ ency ot each group ~unts to 6 - S\. I! the
dec:Go'e in the age compos itiOn$ oE the aame cohort is
detected at 5t aigniticanc~ level (at p•0.05) with the
reaea~ch cycle of ! ou• years, the sample size is calcu~ate~
to be 1,4i9 to 1,79 4 , ~b• avera9a o! whi ch is appro~tely
1.650 (!:om Append~x •). Adcpting Lhe avera;• 1,650 &S the
aampLe si:e and div14~ng :his nu:ber ~nto the ~o year
aamp~~n; pe:iod . 825 ••~plea are =oqu~red in eacb sam;. ling
year.
ln the case ~hare the estimete of the natural mortality
~oefti cient obtaine4 turns out to be smalle: than expee~ed.
M•0.060 !o r e~a..ple, the es:imate v1:h su!ticient ~recision
cannot b~ achleved v•th the s~le s!:e ot about 1.650 and
therefore, an ~crease o! the sample ·~~• or ro·,:o~p•ng of
the coho:: wil~ become necessary. In thJ.I cesef the.
••~~ata o: the natural mortality coefficiant could be
11
418 obtained with the same precision as the case in which
M=0.086 is adopted, by grouping the cohort into two or so
gr-oups.
Such ioe!ficiancy in the estima~ion was resulted f~om
the lack of the data of the younger age whales. In the case
of the we lL designed sampling of whales covering evenly all
the wacers of dis~ribution, such inef~iciency would be
eliminated. Moreover~ the estimation efficiency and its
reli8bili~y would be ·eohanced 1! the relationship between
~he notu:cl mortality coeffic ient and ago is es~ab~ished.
( 5) Outline ~fthe Implementation of the Research Program
The first stage o£ the program will be for four years
E:om 1987{88 ~o 1990/91. l'he second •~age •Jill be- .for
another fo ur years from 1991/ 1992, and the third stage wi~~
be f:om 1995 / 96. The !~r$~s~agewi~1 be implemen~ed wi~h
the research in the two Area$, Area IV and Are~ V, with a
rot:s.ti.on of resett~l CtA~t:~: ly eve..cy t:OW ::t~c. d:ot n:. ~,;y~, .;l::
The :-eseareh in this st:ag e wi~l include the sighting survey
~o~·tbe third round in Area 1V and Ar~a V where the sighting
su:veys have al.=e -ady been conducted by the IWCtrDCR,
together ""i'th t!lc as.sessement of the- pt>pu1ation structure
such as age co~osition and other biologie~l espects based
on ~he whal~s taken under the stochastic sampling .
The =es earch in ~he second s~age will be sa~pling of
the whales to derive, inte= alia, the bge-s~ecific natural
419 compa~ison
coefficient by tba of the a~e
~o=~csition ~ith the sa~le5 t~kendu~ing the course of the
This will be corrieC out again
in combina~io wnith the sighting surveys in the Area IV end
Area V. The res~arch~n the third stage wi~l be tho follo~
up o! th~ research conducted in the !irs~ and aecond stages.
the detail o! which will be worked out later in the Light of
~rogress made in ~nose stage$.
Although the ~mportance of the collection of the
biologica~ data from the low ~ati~ud1na voters (breed~ng
grounds) hoa been recogni:ed, on1y a very limited
info=mation on the di~tribution.st~eture and behav1or of
the minke whales have been ovaiiable to dace . Therefore,
the •urvey of tha time-space distribution pattern, density
and structure by sigh~g will be initiate~ in the early
of the research program so as to consider the
impl~~•ntatio nf ~· :esee:ci ~nvo~vin qake of ~hales in
rh• ~ow 1a~~t~4Ln~ water~ (~reeding gro~n4s) to osce~ain
the 5tocK identity, reproduetivo cycle and )euveniLe natural
mortality coef!icient.
The outline of the annual pl~ns Eor the sigh~ng
surv•ya ~nd the sAmpling of whales ls sho~ ~n the fol~owLng
Table 1.
:3
420 Tabla 1
Plan for Implementation of the Research Pro9rAm
Area for A=ea to:
Season Sta.~e
Sighting s41!1lng
1987/88 lst Stage tV tV
H88/89 IV IV
1989/90 • v v
1990/91 v v
1991192 2nd Stage IV IV
1992/93 tV IV
199)/94 v v
\
1994/95 v v
1995/96 3 =d Stage
1996/97
i) Sighting Surveys:
Number ot Vessels: Two vesaals each yee:
The ·~ A:ea in which a~pling
is conduct-ed
~elat~on w1th tbe IWC/ IOC•: The period and du.rat1on..
ateaming dis:ance and research
ite=s under s•ghting aurvey ot
14
421 this proqramc will be adjusted
with the IWC/IDCR type survey
to the extent possibla.
i.i) Sampling•
Tim• : oecamber ~o March
Number of VeJscls; One !actory ship ( rose.a .rct.
basa) each year, and
two so::rpling ve~sels ea.c:h yea .r
Areo and Samp~e Si:e; ~he ~ollowing tota~ nu=ber in
each Area vill be sampled o~&r
the period of fours years in
the first stage..
1987188 Aree IV 825 }
1,650
1988/89 Area IV 825
1989/90 Area v
825 J 1,~so
1990/91 A:rea v 825
422 ~. Research t.o Elucidate the .Rol.c of Whales in the
Antarctic: Mttine Ecosystem
(l) Rese~rc: Mh ethod
Ex~nation o! the stomach contents and measurement of
nutritious characte~s itics of the sampled sp~rm whales and
minke wha~es (see chaptar 3) will be implemented.
(2) Rese~ch ~t~s
'
i) Stomach Conten:s of the Sperm Whale:
Ident ification of the food ~pacies and measurement, as
f4r as possib1e, of the weight of the stomach contents as
wel~ as examination of other characteristics such as the
nut-ritious co n.d.it:ion of the whale.
ii1 Biological ?ar~ecer of the Sperm Whale:
!n addition to the research on the scomach contents
describ ed ebo ve, various biologica~ examLnb~ions wi11 be
carried out with all sampled '"'hales in =elll.t.ion to the
.re;:roductive and gro wt-h pa=ameters.
iii) Stomach Contents and Amount of Fat Reserve of the
WhaJ.e:
The food species f =om the stomach contents of all
semple<l minke wha les will be ident i! i ed, and as !ar ...
poss.:.ble the weigh~ of t.h.. content"s will be measured. Some
indecie$ of amount of ':.he fa-: =•serv e. such t.h!.ckness o!
""
16
423 ~!ubbe: will be also measured.
In ~ddition, ~~ological measurement of length, wei;ht ,
end sex, 4$ fa r ~s possible, of the !cod spocies sucn as
K=llls which retain Uhe1r orig~al form. ~~d eolleetion ot
kril~s w~th tresh condition or other or;a~isms amon g ~he
stomech conten t5 wi ll be m8da.
iv) Research on the Mari~ Po~lu~ion Using Whele Tissues
a nd Stomac h Contents :
Concern$ havo been expressed reg~rdinq the marin~
pollution in a glo b~l s calo today, and it !s teared that the
poLlucion is :~achio the Anta--ctic . Although it mcy b~
outside of the pr~ncipal purposes of t~ research progra=~
examinati on of heavy metals and other substances in the
tissue of va r ious organs and debris in the ttomaeb of tho
sampled who~es will b e conduc te d.
i) The Spe=m Whal e'
The research involving tak~ ot spe:m whales ~ill be
Lmplemented in the !our Divisions, Div. 4 - ; .
ii) The Minke Whalco
Tha samples collected ac cording to the reseaLch
de sc=ib ed i~ ch~pter 3 w~ bo used. The=efore, the
resaarch a:eo will be the same arce as Oescribed in ~haptar
J- (3).
!7
424 (4) Sample Si:e
i) The Sperm Wbalo:
The research wi ll be implem ented ~or dura~ion of the
tir~t and sercond ~taqes of the research und~r chapter J,
vith ~wo years o! samp ling in e4Ch Division C01v . ~- 7).
The maximum sample. si.:a in each yea-= is SO males.
ii) The Minke Wb4le:
The samp les co~ected according to the research
desc~ibed in chapte= J vill be used.
18
425 '· OrganizatLOD of the Research
(l) The Wh~e Fe$ea:ch Coo:d~n4ting Commi:tee (P:ovlsioo8l
NIIJ1Io)
1 tandin9 c:ocnmittee wiJ.l be which
coordinates var1ous pha~es of thil reaearch program en~ wil l
tentauve.ly ea.lle:d. Rcacar-=b Coo rd.1na. t..1.n9
CCMEDittee•. ~he c~ tte• w~ conaiat o! the Whale
Resea:c:h Ina~i:-u:z:e, tha Far Seaa Fishe:ies
Research
Laboratory. Fishe ria5 Aqency and other relevant
1n1titut!ons.
The aecreteria t o! thil c~ttee will be locotad !n
the Whale Reaea:ch Inst~tute. who will b• also ~ ch arge of
the liaiaon and communicat~on with other organi:ations and
!nd1v1duals outside of the Co.mittee.
( 2 ) Sampling
The t!>e
7~erefore. the apecial pe~t ~Y :he
Gov•rnment ot Japan prov~ded for by Article VIli o! the ICW~
w•ll be laauad to the Whale Research tnatituta.
(3) Sightin9 Survays
~he Governm~nt ot Japan ~· prepare~ :o ot!•= ~~o
!9
426 ~eseer;h vessels for the IWC/IOCR s~ghc~ng resea=cb c=uise,
provided thet the sighting survey Area coincides with tho
sampling reseerch Area ~nd it would not interfere with the
implement~tio of this research prog~am by Japa n .
(4) Rese~:cbes Proposed by Other Intarnationa1 o: Domestic
Ins<titut!.ons
~he Whaie Research Coordinating C~~tae ~ill consider
proposais for :esearches by other lnterna~ional or domestic
institutions, fo~lowing ~ho procedure desc =ibed be~ow,
provided thatJ such propoaaLs are ~ede on tLuely basis and
without hind:ance to the implementation of this program.
'
(a) '.submiss ion( :s) .tor reso4.rch ite.m(s) proposed by
scie nti fic research orge.ni~o.tion ,(s )r scientl.$t(s),
eithe = internation4l or domestic .
(b) Conside =at~on on procticabLlity of a proposal 5UCh &t:
inst=ument requ~red tor the p~oposed re&ea:ch
:es~ric~ions by tim4 available
- res~rictions by ~anpowerav~eble
(e ) Adjustm~~t of the allocation of the =esearch co,t$
(S) Oppo~ unities for Pcrtieipction by To=eign Seianrists
Oppo~tunities !or particip4tion in the =esearch c:u~se1
under ~~s p=ogrAm w~ll be g~ven to any scientist to the
extent allowed by accomodation and other log l.S tl..C
20
427 conside=4tion. provi~ed that such pAr~icipation does aot
cause ~nconven1~nc ies the implementation of ~he program.
The selection of the pa:ticiponts, noveve=, will be
!inelized by the Whale Resecrch Coordinat:ng Commitee ~ho
~ill consider the variou s condition~ such as acco~odotion
and oth~s for determination .
(6) Conditions for Part icipation
!. ) costs~
Cos~s for pazticipation. travel expenses to ond fr~
the pozt of boo r dinq the r~sea:chve~ael. meals on ~oard the
re~earh c ve~sel. and any speci~ instruments requ ired by the
pa::icipant will be borne by ~hepa=ticipa .n~
Ul Inde=mit'icotion and in:~urance !or casuol.t:y
per5on•l injur1 on board the reseArch vesaals:
Th@ Whale Research lnstitu~• 4nd the crew of ~h&
reS-earch vessel o: ~ese&rch~~4m wi~l not be held
responsibla for any easu8l~ o= personal injurf ~o the
pa:ticJ.panc6 resulting .from the pe.rtl.cipant's nogl.igence o:
!orc.e mejore.
iii) cancellation of pa.~icipat~on:
Any partic~pon tso A=e found to hav~ intentionally
sabotaged in the course of implement~tlo o! the researches
and thereby impaired the cxeeu~ion of &ucb resca:ches shall
bo cancelled of hi&/her pd~ic~pation in :his p~og:am.
428 Public,at!.on of t-he l _nformation Collected by
/7) the
Research
i) Basic rules:
A~~ the data specified in Schedule 27, 28, and 29 to
the ICRW, collected under this program, wi11 be reported to
the ~we eccording to the guide~ine set forth separately.
Such data and materials will be placed under the supe~~sion
of the IWC allowing fr~e access ~o the scientific activi~ies
Oy the !WC. !n addition. the biologica~ materiolG co1lecte0
by this program will be kept in ~he custody of the Whale
Research ~nstitute and may be offered to =eseerche=s !cr
scien~ific studios. However, th~s principle dose noc
neeessa.rlly apply to som.e of the .information pe:t.aining to
the researches on the Antarctic ecosystem.
ii) Procedures for :~porting;
The format of the repor~ containing information to be
given to th~ !WC will be determined separately. The
deadline for such reporting to the IWC will be set in
accorddnce with the activities of the IWC/SC .
~~i) Obligation of the use--s:
Persons who have utilized information or d~ta collected
by this program for ~eir scientific thesis or other
publications shall be required to so state and describe ~he
data source including at lea~t the title of th~s program and
workers' name(s) who compiled ~he original data in sucfi
thesis or pub~ications. aod shaL~ be obliged to send e copy
429 o: such thesi5 or publications to the Whale Research
Institut.e..
23
430 6. Expected Effec ts of the Cotchea on ~e Stock
(1) The Minke h~ale
il Sa=ple Size Compared with RYt
The IWC/SC has rec cmm.nded to the IWC eve ry year aince
1979 ~h• catch limi te of the ltocko of this species bas•d on
the RY ettimates vith correction tor the sex ~atio ln the
ca.t:ch.
been ~ble to reach .a-;.re:e.:c.on the estimates of :he aY
v;e1u es . The ,37~ Annu&! Heating ot tbe IWC/SC ia 1985 lost
~he ba•i• tor the need ot reeoamendatlon of ~he catch l~ts
bec~use ot the moratorium tor the com=e=cial whal~ni·
Although •n e;reement was reached on the stock sixe, there
were four differe nt propoaals on RY at thAt ZWC/SC Meeting
(Table 2).
-:'ab:.e 2. The ;Jroposala on RY of :~• sou:bern
hemJ.spbare miriJc:e vha.leot 37th IWC/SC
Are• IV Area v
View 1 921
885
Vie w 1,381
2 1,3211
View 3 1. 328-1.771 l, 381-1.142
View 4 14498 1,!19
431 the plAnned sample Si%e to r the ~ir&t atege ot th~
r••••:ch ~s 1,650 an~ls Ln the Areaa IV &nd v
respec:1vely (425 whale• per yeer,. S1nca the ~~~linq ~n
eaeb Area ~il! b• conducted fo= two year• out of !ou: ytar
par~od. ~e •~an annY&l aar-ple si:e during !our yea:s will
be •13. !t should be noted also that th o number of samples
of 825 is less then the amal lest RY (View 11 recommended for
Area IV or V (Table 2) and is be tween 45\ and 74\ of RYs of
otbe: vie ws.
As ai:eady known, the stock s1:e of tbe ain~• vha~e
~grat~ng into Lhe Anta:ctic ~haling ground estimated by ~e
si9ht~ng su_-vey ia conaider•bly •~a~e: than that o! ~h•
total\ popul~tion. so th&t • real RY !or total popu~a ~ion
sboul4 be gr ea ter then the values expressed in all ot the
view~ above (Tabl• 2)r hence the upward cor:ac~ion o! RY
vould be necessary.
~i) ~1!!us4~le ~~~ects o! SampLing co :be Aeprodue~~on:
~• present ... pling plan does no~ ex;eed the ~,~
estt.At!on of RY in any of tbe single y•a=, and the mean
annual sample size in aach stage ot the reaea:eh 1s ~ar
b&low RY. Therefore. on the prem~sea that ther• is no
environme~td ch•ngea. the stock size of the 1c ut hern
he~apbere minke ~hale ia exp~cted to continue to i ncrease
under thiJ :esaareh prog:~.
i!~J :!~!usible !t!ects o! Sampl~g to the £cosyate~:
the ~C/SC has no establiahed technique w~th rege=d to
the AS$&ssment o! the e!fec:s tc the ecosyate~. In the case
25
432 where a2s whales are t&ken in one stage (mean annual sample
si:a of ~!3 wh4les) out of the estima:ed population of ~bout
50,000 whele~ ~t least, the detection of the ef!ects o: such
cotches to the ecosyste m with in the short ter= o~ the
research will be likely to become impossible du~ to tholr
absorprion into the vArious nol.ses. There..£ ore , the
detection of the effects n~eds to be made in :elation to
otho~ f actors in the ecosystem over a long te~.
( 2 ) ·rh~ >p.a.-m Whal a
1) Sampla Size Compared with ~t:
~ The stock ~ssessment of the Antarctic aperm whale was
made at the Annual Heetlng of the IWC/SC in 1979 for the
~45t t~e; no sy!~emaeic asse5smenr with regard to the stock
hos bean made Gince then. It should be noted that there
have been no catches !=om these stocks sinco 1981/82 seeson-
At the Sperm Whale Sub-Comm~tte~ en 1979, (AJ CPU~
analys~s be&erl on the La Jolla mo~el, (b) AnAlysi s by
division using ~be population cst~~a:ed by sighting {of
which , en analysis of mark end mark recapture data for
Division 3, and e&timation technique of catch/fish~g
mor~elity tor Division J . end es~~ar1on technique o~
catch/fishing mortality to: Division 9 were utili;ed) were
made. The estimates mode by using the technique (b) were
not 4dopted for :ecommendat~on to the rwc a!ter ~.
The estL~tes by =he Above ~echn~qu ea) for Oivis~cns
433 2. ~, 5, and 9 were adopted~ but ~ere considered to give
unde.r ·estimates. while it was pointed out that some ~octors
exist ~n th~ technique that might give ove r- estima tes. In
addition. due to the doubts con ce rning the compatibi l ity
bet ween the observed value o! pregnancy r a te and the
est~ted value from the La Jolla mode l, it was ~ possible
to ostimata the MSY and the lev el of MSYagainst th e Initial
Manarnqmcnt ?opulation. It w~s possib le, however , -to
cst~ate the population of Division 3 util i:in q the ~ark end
~rk recapture analysi .s.
The stock,si:e and RY for Divisions 1 to 8 as of 1979
were calcu~ated as shown in tho Table J below. The stock
assesament for Division 9 was made at the I WC/SC Meeting in
1980.
Ta blo 3 : The Stock size and RY ot the 5pe rm wha le
!o r Oiv. •s 1 to 8
Division
l 2 J ~ 7
5 6 8
:1ele Popy l.a t.ion , ,sao
- 10,610 7,560 4,160
RY 765 HJ 741
Fem41e ?opula::ion - 4l , UO 4J .900 32,260 JO. 840
RY
Ir. the Sub-Co~ttee, s~ne members believed ~hat the
434 lWC/SC should ree~nd the est1&ate$ to the !~C.
otne:
mambers believed ~hat it ahou ,ld not make recommen~at on
because they believed that there ~as a sariou~ doobt 1n the
estimates .
In 1980. the Annual Meeting of the !WC/SC conducted the
stock assessment of Oiviaion 9, and ••t~~ed that the
pop~la~ion of tb• ~lea of over aqe 10 in 1981 is ~6~500 on4
the !emales over age 9 1n 1981 ~s 12<.600 . ~though the
est~ted value of RY voa no: shown. it ¥& 5 =ecommanded that
the MS¥ of the femalea was 405 .
1~) Diffusib~e E!!ecta of Sampling to Rep=oductiont
No assess~ent taehnique 11 available at the preaant
time to accurately evaluate the efteet! of the catch which
represents approximately 7' o! RY to the repro4uetion of
eoch stock. Furthermore, the effects o! such nucber of the
catch would be imposaible to measure b~~use it voyld be
overshadowa~by the dyn~CI ot tne ?O~ul~c1on caused by :he
na:ural fac~o:s: ltl etfe c~a are cons~d•=g~ co be only
negligible !o~ eitber abo~ or long te~.
ii1) Di~fusiblaEffect~ of $.-pl~ng on the Ecosystem•
As in ~he case of the dL!fu1~bl~ affects to
reproduc tion~ ~t would be almost !Dpossible to quantify the
e!fectl to the ecosystem. Such effect$ a:e considered to be
virtua~ly negligibla.
l8
435 I I I I ~
•
~ •
;;1
I .. !: •
.. - •
~~ • iu
"'... ~ e
= ;;
• :
h 2.
. rI ~
:: ~
!: .
!j- i .:l
<.. u • ~
I L •l!e .;
- -· I • 'I~
! .3-
.. . - ~
I . •- J;.
j. . ~ ..
- u ;:;s
- ~ - . c= • ~
- -!
. ~- -
.
0 0 0 0 0
0 .. <I .. - ------------------------ ----:0
:s
436 I I
\
..
<'
iiJ
...., Q -----------..,-------Q-~-
30
437438
Memorial of Australia